HomeMy WebLinkAbout112790 CC AgendaCALL TO ORDER:
Invocation
Flag Salute
ROLL CALL:
PRESENTA 7"IONS/
PROCLAM/ TIONS
A GENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
TEMECULA COMMUNITY CENTER
NOVEMBER 27, 1990- 7:00 PM
Next in Order:
Ordinance: No. 90-24
Resolution: No. 90-114
Pastor George Simmons
Temecula Valley House of Praise
Councilmember Birdsall
Birdsall, Lindemans, Moore, Mu~oz,
Parks
Proclamation - Recognizing Library Building
Foundation
PUBLIC CO, VIMENTS
A total of 15 minutes is provided so members of the public can address the
Courcil on items that are not listed on the Agenda. Speakers are limited to two
(2) rrinutes 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 outsand filed
with the City Clerk.
Whe ~ you are called to speak, please come forward and state your name and
address.
For ~ II 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.
21agendelO 61290 I 11120190
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
2
Standard Ordinance Adoption Procedure
RECOMMENDATION
1.1 Motion to waive the reading of the text of all ordinances and
resolutions included in the agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of October 30, 1990 as mailed.
3
Resolution Approving Payment of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMCULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN
EXHIBIT A
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Second Reading of Ordinance Permitting Change of Zone No. 5611
RECOMMENDATION:
4.1
Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 90-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY
IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOP-
MENT PERMIT NO. 5611, CHANGING THE ZONE FROM R-R (RURAL
RESIDENTIAL) TO R-1 (SINGLE FAMILY Residential ON PROPERTY
LOCATED ON THE NORTHEAST CORNER OF $ERAPHINA ROAD AND
RITA WAY.
Substitution of Bonds for Tracts No. 23371-1 and Tract 23371-2
RECOMMENDATION:
5.1 Accept Substitute Monument, Faithful Performance, and Material
and Labor Bonds for Tracts 23371-1 and Tract 23371-2.
5.2 Authorize the City Clerk to release existing bonds on file.
COUNCIL BUSINESS
6
Election of Mayor
At this time the Mayor will entertain motions from the City Councilmembers to
select the Mayor to preside until the end of calendar year 1991.
7
Election of Mayor Pro Tempore
At this time the Mayor will entertain motions from the City Councilmembers to
select the Mayor Pro Tempore who will assume the duties of the Mayor in the
Mayor's absence and will hold this office until the end of calendar year 1991.
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CSD MEETING - (To be held at 8:00 PM) Please see separa~ agenda
PUBLIC HEARINGS
8
Plot Plan No. 20
RECOMMENDATION:
8.1
Adopt a Negative Declaration for Plot Plan No. 20.
8.2
Adopt a Resolution entitled:
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLOT PLAN NO. 20 TO PERMIT CONSTRUCTION OF A
160,561 SQUARE FOOT INDUSTRIAL BUILDING NORTH OF RANCNO
CALIFORNIA ROAD WEST OF BUSINESS PARK DRIVE AND KNOWN AS
ASSESSOR'S PARCEL NO. 921-020-045.
9
Parcel Map No. 25212/Change of Zone No. 5663
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DENYING CHANGE OF ZONE NO. 5663 AND PARCEL MAP NO. 252 12
TO SUBDIVIDE A 5.02 ACRE RESIDENTIAL PARCEL INTO FOUR
PARCELS AT THE NORTHEAST CORNER OF NICOLAS AND LIEFER
ROADS.
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Zone Change 5613. Vesting Tentative Tract 25082
10.1
Adopt a resolution entitled:
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DENYING CHANGE OF ZONE NO. 5613 AND VESTING TENTATIVE
TRACT MAP NO. 25082 TO SUBDIVIDE A 35 ACRE PARCEL INTO A
109 UNIT SINGLE FAMILY SUBDIVISION AT THE SOUTHEAST CORNER
OF CALLE MEDUSA AND NICOLAS ROAD
COUNCIL BUSINESS (Continued)
11 Sphere of Influence Study
RECOMMENDATION:
11.1
Instruct the City Manager to file the appropriate documentation
with the Local Agency Formation Commission (LAFCO) to
establish a Sphere of Influence for the City of Temecula.
12
Expanding Sphere of Influence
RECOMMENDATION:
12.1 Authorize a maximum of $24,000 for continued
establishing the City's Sphere of Influence.
efforts in
13
Nuisance Abatement Ordinance
RECOMMENDATION:
13.1 Introduce and adopt an ordinance entitled:
ORDINANCE NO. 90-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE NON-
CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING
CHAPTER 6. 14 TO THE TEMECULA MUNICIPAL CODE
PERTAINING TO NUISANCE ABATEMENT
21eeendNO91290 6 11 ~20~90
14
Discussion of Para-legal Position for City
Requested by Councilmember Lindemans
RECOMMENDATION
14.1 Continue off calendar for further report and analysis by the City
Manager.
15
Discussion of Developmental Fees
Requested by Councilmember Lindemans
RECOMMENDATION:
15.1 Continue for 30 days with a report forthcoming at that time.
16
Traffic Signals - Target Shopping Center
Continued from the meeting of November 13, 1990
RECOMMENDATION
16.1 Continue off calendar.
17
Adoption of a City Ordinance Relating to Placement of Adult Materials Harmful
to Minors
RECOMMENDATION:
17.1 Introduce an Ordinance entitled:
ORDINANCE NO. 90-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 11.10 TO THE TEMECUI. A MUNICIPAL CODE
RELATING TO THE PLACEMENT OF MATTER HARMFUL TO MINORS.
21egendNOe 1290 e 11120/90
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
Next regular meeting: December 4, 1990, 7:00 PM, Temecula Community Center,
28816 Pujol Street, Temecula, California
2legenddOe 12~0 7 11120/90
Proclamation
The City of Temecula
WHEREAS, members of the Library Building Foundation in Temecula believed strongly
in libraries and in helping the Riverside City and County Library serve the informational,
recreational and educational needs of all segments of the community, and
WHEREAS, the Library Building Foundation played a major role in bringing a new
library building to Temecula to replace the storefront facility that no longer adequately provides
the kind of library service Temecula desires; and
WHEREAS, the Library Building Foundation developed successful techniques for raising
money in the community, creating a fund of more than $500,000 for the new library; and
WHEREAS, the California Association of Library Trustees and Commissioners has seen
fit to present a statewide award to the Library Building Foundation for their significant financial
contribution to the new Temecula Library building;
NOW, THEREFORE, I, Ronald J. Parks, Mayor of the City of Temecula, on behalf
of the City Council of the City of Temecula take pleasure in recognizing the Library Building
Foundation of Temecula for its efforts in bringing a new library building to the City and thank
the members of the Foundation for their continuing commitment to libraries,
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affixed this 13th day of November, 1990.
Ronald J. Parks
Mayor
June S. Greek
Deputy City Clerk
ITEM NO.
1
ITEM NO.
2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD OCTOBER 30, 1990
A regular meeting of the Temecula City Council was called to order at 7:03 PM at the
Temecula Community Center, 28816 Pujol, Temecula, California. Mayor Ron Parks
presiding.
PRESENT 5
COUNCILMEMBERS:
Birdsall, Lindemans,
Moore, Mu~oz, Parks
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and
Deputy City Clerk June S. Greek.
INVOCATION
The invocation was given by Pastor Roger Sowder, Oak Springs Presbyterian.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Councilmember Moore.
PUBLIC COMMENTS
Ray McLaughlin, 30025 Front Street, requested that the Margarita Villages Specific
Plan No. 199, dealing with environmental impact, traffic, noise levels; be placed on
a future agenda for discussion.
Edward Day, 30856 Via Norte, presented the City Clerk with a petition containing
1,000 names, asking that the City of Temecula prohibit adult businesses. The petition
was bound with a white ribbon representing the "National White Ribbon Against
Pornography Awareness Week".
Edward Anderson, 27431 Bolandra Court, invited the City Council to attend the first
annual Mayor's Prayer Breakfast, Friday, November 16, 1990 at 7:30 AM - 9:00 AM.
He said it will be held at the Leeds Building, directly across the street from City Hall.
Susan Jurkawski, 39464 Long Ridge, Vice President of the Riverside Chapter of
"Mother's Against Drunk Driving" (MADD), asked the City Council to attend the Press
Conference to begin the campaign, "Tie One On For Safety," for the holiday season.
The press conference will be held November 13, 1990 at 10:00 AM at the Sports
Minutes\l 0\02\90 -1 - 11/15/90
City Council Minutes October 30. 1990
Park. She asked that the City be involved with the distribution of the red ribbons in
Temecula.
Christine McGrath, 29769 Via Las Chacras, spoke against adult businesses being
allowed to operate in the City of Temecula.
CONSENT CALENDAR
Councilmember Lindemans requested the removal of Agenda Item No. 4 from the
Consent Calendar.
Councilmember Mu~oz requested the removal of Items 5 and 6.
City Attorney Field stated Agenda Item No. 8, Overweight Vehicle Ordinance, the
weight restriction should be corrected to read no more than 6,000 pounds in all
references.
It was moved by Councilmember Birdsall, seconded by Councilmember Moore to
approve Consent Calendar Items 1, 2, 3, 7, 8,9, and 10 as follows:
1. Standard Ordinance Adoption Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2. Minutes
2.1
2.2
Cancellation of Meeting of November 6, 1990
3.1 Approve cancellation of the City Council
November 6, 1990.
Approve the minutes of October 2, 1990, as mailed.
Approve the minutes of October 9, 1990, as mailed.
Meeting scheduled for
Minutes\l 0\02\90 -2- 11/15/90
City Council Minutes October 30, 1990
e
10.
Second Reading of Ordinance For Public Employees Retirement System
Enrollment
7.1 Read by title only and approve an ordinance entitled:
ORDINANCE NO. 90-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING A CONTRACT BETWEEN THE CITY OF TEMECULA AND
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPL 0 YEES' RETIREMENT SYSTEM
Second Reading of Overweight Vehicle Ordinance
8.1 Read by title only and approve an ordinance entitled:
ORDINANCE NO. 90-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 12.06 TO THE TEMECULA MUNICIPAL CODE
ESTABLISHING VEHICLE WEIGHT RESTRICTIONS ON THE PUBLIC
S TREE TS
Authorization of Release of Monument Bond for Tract No. 18518-2
9.1
Authorize the release of the Monument Bond for Tract No. 18518-2 and
direct the City Clerk to so advise the Clerk of the Board of Supervisors.
Authorization to Release Monument Bond for Tract No. 22593-2
10.1 Authorize the release of the Monument Bond for Tract 22593-2 and
direct the City Clerk to so advise the Clerk of the Board of Supervisors.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans,
Mu~oz, Parks
NOES: 0 COUNCILMEMBERS: None
Moore,
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City Council Minutes October 30, 1990
ABSENT: 0 COUNCILMEMBERS: None
4. Resolution Approving Payment of Demands
Councilmember Lindemans questioned the $22,000 City Attorney's fees and
suggested hiring a para-legal to do routine work not requiring an attorney, in an
effort to reduce these costs.
Councilmember Lindemans asked for an explanation of a $69,000 insurance
premium. Mary Jane Henry, Chief Financial Officer, explained that Western
Heritage canceled the City's policy effective October 17, 1990. This coverage
was scheduled to run through December 1, 1990. She said the City then
sought other quotes and this is considered the best option until the City is
accepted into the Southern California Joint Powers Insurance Authority.
Councilmember Mu~oz asked what the term of the policy is? Ms. Henry
answered the term is for one year and explained this is an interim policy and a
refund of premium will be sought for any unused time.
Mayor Parks stated it is his understanding that the Western Heritage Policy has
been reinstated. Ms. Henry answered that the City's policy was reinstated on
October 17th. She explained the City was faced with the possibility of being
without coverage, and she therefore sought help from a broker who specialized
in Cities. She stated the City staff was concerned with the quality of service
received in the past.
City Attorney Field reported that the City of Temecula has been accepted into
the Joint Powers Insurance Authority, subject to certain exclusions that the
authority is imposing due to the terms of the County service agreements. He
said the City is currently negotiating with the County to revise these contracts,
and once revised the concerns of the Joint Powers Insurance Authority will be
resolved. He stated the entire issue should be resolved by the end of the year.
He explained the policy proposed is a swing policy to provide coverage for the
City from the time of termination by the previous insurance company until the
City becomes fully covered by the Joint Powers Insurance Authority.
Councilmember Lindemans questioned the fee schedule for Conditional Use
Permits, stating the City needs to attract business and these fees are much too
high.
City Manager Dixon stated this has been brought to his attention and these are
fees that were set by the Council, however they can be looked into.
Minutes\l 0\02\90 -4- 11/15/90
City Council Minutes October 30, 1990
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to adopt a resolution entitled:
RESOLUTION NO. 90-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN
EXHIBIT A
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES: 0
ABSENT: 0
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Tentative Tract Map No. 22761, Minor Change No. 1, First Extension of Time -
Coleman Homes
Mayor Parks announced that due to a possible conflict of interest, he would be
removing himself from consideration of Items 5 and 6 and turned the meeting
over to Mayor Pro Tem Lindemans.
Councilmember Mu~oz asked on Agenda Items No. 5 and 6, how the Quimby
Act requirements have been taken care of. Gary Thornhill, Acting Planning
Director, explained Quimby Acts are required prior to issuance of building
permits and these maps are not yet at this stage.
It was moved by Councilmember Mu~oz, seconded by Councilmember Birdsall
to approve Agenda Items Numbers 5 and 6 as follows:
Tentative Tract Map No. 22761, Minor Change No. 1, First Extension of Time -
Coleman Homes
5.1 Receive and file.
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Citv Council Minutes October 30, 1990
6. Tentative Tract Map No. 22762, First Extension of Time - Coleman Homes
6.1 Receive and file.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mufioz
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Parks
PUBLIC HEARINGS
11.
A~3~3eal No. 9, Plot Plan No. 11609 - Bed and Lounge Furniture Showroom and
Retail Center
Gary Thornhill, Acting Planning Director, reported this is an appeal of the
Planning Commission denial of an application to construct 18,453 square foot
retail and furniture showroom. He stated the existing zoning on the property
is MSC and the Commission denied this application on the basis that there is
insufficient parking for the proposed use. They were also concerned about the
compatibility of the proposed retail uses in that shopping center.
Councilmember Birdsall asked if the proposed usage is irregular to MSC zoning.
Mr. Thornhill responded the proposed uses are permitted.
Councilmember Birdsall stated she feels this project should not be denied
because of usage when the use is in compliance for this zoning. Mr. Thornhill
explained the Planning Commission was concerned over future parking if the
furniture showroom ceased to exist.
Councilmember Moore stated she felt the trash receptacle should be moved
from the front of the building. Mr. Thornhill stated there were recommendation
as to the relocation of the container and for additional screening.
Councilmember Lindemans questioned this structure being built on the property
lot line, impeding fire truck access, and suggested reducing the overall square
Minutes\l 0\02\90 -6- 11/15/90
City Council Minutes October 30, 1990
footage. Gary Thornhill responded it meets the fire codes with the installation
of a fire wall.
Mayor Parks opened the public hearing at 7:50 PM.
Jeff Hardy, 27349 Jefferson Avenue, Ste 108, representing the applicant
stated he is in agreement with most of the concerns of the Council. He stated
the trash enclosure was placed in the front of the building for easy access by
the trash collector, however, this could be relocated to a more obscure
position. He reported this project is subject to the South West Area Plan
(SWAP), adopted by the County of Riverside. One of the amendments required
is the Winchester Road right-of-way was extended 25 feet beyond the existing
property line. He reported this provides 37 feet of landscaping from the curb.
He stated in reference to the fire concerns, the property line walls are fire rated
which allows the building to be placed on the property line.
Mr. Hardy asked that the applicant be allowed to re-design and re-submit to the
Planning Commission. He said he would need guidelines for redesign of the
project.
Mayor Parks asked if this plan complies with all the City Codes and Guidelines
as well as those of SWAP. Mr. Thornhill answered it is in compliance. Mr.
Hardy answered a question directed by Mayor Parks stating the project would
be part of the Rancho California Business Center Association, which is a very
restrictive CC & R Board.
Don Goldberg, 22073 Loch Lomond, stated he is concerned that projects may
be arbitrarily denied, even though they conform with all existing requirements.
He stated it would be damaging to attracting future businesses to Temecula.
Mayor Parks closed the public hearing at 8:03 PM.
Councilmember Mu~oz asked if there should be concern as to the usage of this
building when most of the surrounding use is office buildings. Mr. Thornhill
answered there is mixed use in this area, and it should not create a problem.
Minutes\ 10\02\90 -7- 11/15/90
City Council Minutes October 30° 1990
It was moved by Councilmember Lindemans, seconded by Councilmember
Birdsall to sustain the applicant's appeal and direct that a resolution be
prepared to address the Council's concerns regarding the placement of the
trash enclosure, the manner in which the parking lot is screened with
landscaping and the gross square footage of the buildings.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Lindemans suggested holding a joint City Council/Planning
Commission meeting to discuss guidelines for approval and denial of projects.
Councilmember Moore stated the Planning Commission has asked the City
Council to provide them with architectural review standards and/or an
architectural review committee to assist them. She suggested this could
alleviate future problems.
Gary Thornhill reported he will be bringing some design guidelines to Council
in the future.
Councilmember Mu~oz thanked the Planning Commission for bringing important
issues to light so they can be worked out satisfactorily.
RECESS
Mayor Parks declared a recess at 8:20 PM. The meeting was reconvened following
the CSD Meeting at 8:45 PM.
COUNCIL BUSINESS
Councilmember Mu~oz asked that Item No. 14 be considered out of order.
14. Proposals for Curb-side Recycling Program
Minute=\10\02\90 -8- 11/15/90
City Council Minutes October 30, 1990
City Manager Dixon reported this agenda item is to be presented by
Councilmember Mu~oz.
Councilmember Mu~oz said he requested this item be on the agenda so that
Council could give staff direction to begin the process of obtaining bids for a
City-wide Recycling Program. He suggested a program where all recyclable
materials would be placed in one container and all other items in another, In
thereby making it necessary to sort each item individually.
Councilmember Lindemans stated he would like the City to collect franchise
fees for refuse collection just as soon as a franchise can be granted.
Councilmember Moore said the City has recently joined the Solid Waste
Generation Study with Riverside County and suggested waiting for the results
of this study before embarking on a recycling program. When this study is
complete, she suggested having the City Manager prepare RFP's to include
curb-side recycling as well as franchising the haulers within the City.
Councilmember Birdsall stated she felt this program should be done in its
entirety, including the franchise agreement. She suggested surveying
customers asking whether they would cooperate in implementing a curb-side
recycling program because without the support of the public, this program can
not be successful.
City Manager Dixon stated that within 30 days he will have a RFP for Council
approval, that will not only address curb-side recycling but also meet the
AB939 requirements. He also expressed concern over loosing franchise fees
and will work toward obtaining this as quickly as possible.
Dick Gale, 41715 Cayente Court, Murrieta, stated he is a teacher at Temecula
Valley High School, and is advisor of the Earth Club. He reported the Temecula
Valley High School Earth Club has been involved in a recycling program and
volunteered the school's support and help in educating the public, and helping
in any manner needed. He also stated that Temecula Valley High School has
contracted with Inland Valley Disposal to do office paper recycling, and asked
the City to follow suit.
City Manager Dixon asked Mr. Gale to include the City in the route, and stated
the City will join the recycling program now.
Jeff Haines, 40580 Via Diamante, Murrieta, President of the Earth Club at
Minutes\l 0\02\90 -9- 11 I15~90
City Council Minutes October 30, 1990
Temecula Valley High School, asked the City to support a curb-side recycling
program. He said many landfills across the Country are reaching capacity now,
and work must be done to reduce the amount of refuse generated.
Alan Ing, 29555 Avenida Del Sol, Vice President of Temecula Valley Earth
Club, asked Temecula to lead the recycling movement in the County of
Riverside.
Janis Guymon, 28636 Front Street, representing Inland Disposal, requested
that Inland Disposal have the opportunity to negotiate with the City on an
exclusive agreement for hauling refuse and providing curb-side recycling. She
stated a proposal has been prepared for the City which covers regular refuse
hauling, curb-side recycling, a green waste program, a waste oil program and
a household hazardous waste program. She said it addresses the records
management program needed in order to meet AB939 mandates. She said
Inland would make recommendations on the public relations and public
education program and could have a program such as this up and running
within 90 days.
Councilmember Mu~oz recommended that a program be developed where a
central location in the City would be established for collection of used oil.
Mayor Parks stated he is very supportive of efforts to put together a complete
franchise agreement. He said he would like to give the opportunity to all
companies interested to present their proposal.
Councilmember Lindemans asked staff to advertise so all haulers would have
an equal chance to obtain the franchise.
It was moved by Mayor Parks, seconded by Councilmember Birdsall to refer this
matter to staff for recommendation within 30 days on request for proposals.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING
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Citv Council Minutes October 30, 1990
12.
Change of Zone 5714, Conditional Use Permit 3046- Acro Mini-Mart
Gary Thornhill, Acting Planning Director, reported there are two items before
the Council. One is a change of Zone 5714, which is basically a consistency
rezoning to get appropriate zoning on this property for the existing use. The
other is a Conditional Use Permit for the addition of four pump islands and the
extension of a canopy. He said the applicant requested that the change of zone
be heard tonight, but requested the Conditional Use Permit be continued until
the next Council Meeting. He stated the reason for this request is a concern
of an adjacent property owner, and the applicant would like the opportunity to
deal with the problem and then come back with the issue resolved. Mr.
Thornhill recommended approving the zone change.
Mayor Parks opened the public hearing at 9:20 PM.
Larry Markum, 41850 Winchester Road, representing the applicant stated this
was originally zoned MSC several years ago when this was a permitted use.
He said MSC has subsequently been changed to eliminate this as a permitted
use, thus the requirement by the County to change the zone to commercial
which is consistent with SWAP. He stated the CPS designation recommended
by staff is typically for property directly contiguous to a scenic highway and
even though this is not directly contiguous, staff requested the CPS designation
and the applicant has concurred.
Mayor Parks closed the public hearing at 9:25 PM.
It was moved by Councilmember Moore, seconded by Councilmember Birdsall
to read by title only and introduce an ordinance entitled:
ORDINANCE NO. 90-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY
IN THE CHANGE OF ZONE APPLICATION CONTAINED IN
DEVEL OPMENTPERMIT NO. 57 14,, CHANGING THE ZONE FROM M-SC
(MANUFACTURING SERVICE COMMERCIAL) TO C-P-S (SCENIC
HIGHWAY COMMERCIAL) ON PROPERTY L OCA TED ON THE
NORTHWEST CORNER OF WINCHESTER ROAD AND JEFFERSON
AVENUE
The motion was carried by the following vote:
Minutes\l 0\02\90 -11 - 11/15/90
City Council Minutes
AYES: 4
NOES: 1
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
October 30, 1990
Birdsall, Moore, Mu~oz, Parks
Lindemans
None
It was moved by Councilmember Mu~oz, seconded by Councilmember Birdsall
to continue Conditional Use Permit 3046 to the meeting of November 13,
1990.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks
NOES: 1 COUNCILMEMBERS: Lindemans
ABSENT: 0 COUNCILMEMBERS: None
COUNCIL BUSINESS
13. Contract Services for Ynez Corridor Project
City Manager Dixon reported contract services are recommended for
administration of the Ynez Corridor Mello Roos. He stated it is imperative that
the City have someone to personally handle this project. He asked that the
Council approve the recommendation for contract services with C. M. "Max"
Gilliss.
Councilmember Mu~oz asked how long this project will take. City Manager
Dixon answered it could take three to five years. He stated in terms of Mr.
Gilliss' services, they would be evaluated on a yearly basis.
Mayor Parks asked if there is a ceiling limit on the cost of these services. City
Manager Dixon answered a cap of $48,000 could be placed until fiscal year
end.
Councilmember Birdsall suggested the possibility of hiring a full-time employee
to handle all assessment districts.
City Manager Dixon said that Assessment Districts 161 and 159 are still
administered by the County of Riverside. He explained the City will be taking
Minutes\l 0\02\90 -12- 11/15/90
City Council Minutes October 30. 1990
over the administration of the Ynez Corridor Mello Roos. He said during the
next 12 months, the City will hire a core staff for its own City Engineering
Department and if the City has three or four assessment districts, it may be
prudent to have a full-time employee assigned to these projects.
It was moved by Councilmember Birdsall, seconded by Councilmember
Lindemans to approve the City Manager's recommendation for contract services
with C. M. "Max" Gilliss, with the stipulation that a maximum expenditure of
$48,000 is authorized through the remainder of the fiscal year (June 30,
1991).
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
15.
Personnel Reclassification
City Manager Dixon introduced Shawn Nelson, Community Services Director,
to present the report.
Shawn Nelson described the organizational structure proposed for the
Community Services District. He presented an organizational chart which has
been supported by the Parks and Recreation Commission and stated three
divisions; Parks, Park Planning and Development and Recreation are proposed.
He recommended to Council that the position of Recreation Supervisor be
changed to Recreation Superintendent to more fairly represent the
responsibilities involved. He stated the Recreation Superintendent would be
responsible for developing a city-wide recreation program as well as preparing
and administering an operating budget and supervision of Recreation
Supervisors, Recreation Leaders and other support staff.
Councilmember Mu~oz said additional responsibilities should not be a function
of expanding the job description, instead of changing the job classification.
Minutes\ 10~,O2\90 - 13- 11 / 15/90
City Council Minutes October 30, 1990
Mr. Nelson stated the department needs to grow at a rapid pace, and this
position will be vital in meeting the recreation goals of the community. He
stated this position will need someone with the broad-based experience to
handle these responsibilities.
Councilmember Lindemans stated he would be voting "no" on this item for six
months until an analysis of the first year budget can be made.
Councilmember Moore asked if these positions will come from the general fund
or the TCSD budget. Mary Jane Henry answered that funding for the
necessary staff will come from the TCSD budget, the funding for which is
collected through tax assessments.
Councilmember Birdsall stated one of the most important projects identified by
citizens was Parks and Recreation. She said the new Director needs staffing
and the support of the Council to develop a program for the City.
City Manager Dixon asked the Council to support Mr. Nelson in his request for
adequate compensation and title for responsibilities and work to be performed.
He reported that this salary recommended is seven percent below the "mean",
in response to the Council's previous direction to hire at lower starting rates.
Mayor Parks asked if there are additional educational requirements required for
this position. Mr. Nelson answered a bachelors degree is required with three
years of directly related experience.
City Manager Dixon advised he will appoint this position at the lowest salary
possible in keeping with the Council's previous instructions.
It was moved by Councilmember Birdsall, seconded by Mayor Parks to adopt
a resolution to reclassify the Recreation Supervisor position to Recreation
Superintendent and to establish authorized positions, titles, and salary ranges
for all City employees entitled:
RESOLUTION NO. 90-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES
The motion was carried by the following vote:
AYES:
3 COUNCILMEMBERS: Birdsall, Moore, Parks
Minutes\l 0%02\90 - 14- 11/15/90
City Council Minutes
NOES: 2
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
October 30. 1990
Lindemans, Mu~oz
None
It was moved by Councilmember Moore, seconded by Councilmember Lindemans to
continue the meeting until 10:30 PM. The motion was unanimously carried.
16. Status Report on AD- 159 and AD- 161
Mr. C.M. "Max" Gilliss, stated he has been asked to report on AD-159 and AD-
1 61. He reported the County of Riverside has the responsibility for completing
these projects which are the largest local improvements in the State of
California. These two projects propose to make improvements to almost all
major roads east of I-15. The City will ultimately own and maintain these
improvements and if delayed, the City will be impacted. He reported that
several elements are now ready for bid, and a continuous stream of
construction will take place over the next two to five years.
Mr. Gilliss stated the widening of Winchester Road to six lanes, awarded last
week to Maddage Brothers, from Ynez to Margarita Road. He said much has
been learned by working through Assessment Districts 159 and 1 61, and a
better level of communication between the principals exists.
Councilmember Mu~oz asked what measures will be taken to mitigate adverse
traffic conditions on Winchester Road during the construction period. Mr.
Gilliss responded that this will be handled using detours around the project.
Councilmember Mu~oz asked if traffic directors could be used? Mr. Gilliss
stated this is expensive, but possible.
It was moved by Councilmember Lindemans, seconded by Mayor Parks to extend the
meeting to 11:00 PM. The motion was unanimously carried.
17.
Improvement Fundin9 Reimbursement Agreement for Highway Construction
Costs- AD- 161
Minutes\l 0\02\90 - 15- 11/15/90
City Council Minutes October 30, 1990
Mr. Gilliss reported this item makes two recommendations to the Council. The
first is that the City lend County Assessment District No. 161, 9750,000, with
repayment to be made through an improvement funding agreement from funds
to be generated through the sales of AD-161 Group C Bonds.
The second is that the City exchange it's proposed interim improvement project
of Winchester/Nicolas Road Intersection in consideration of inclusion of the
permanent improvement of Winchester/Nicolas Road in a contract already
awarded and underway.
Mr. Gilliss stated he would be happy to answer questions. Councilmember
Birdsall asked if instead of doing the "bandaid" as suggested, the City go to
Maddage Corporation and make it inclusive in their contract? Mr. Gilliss
answered this can be done, but has not been approved. He explained that the
interim improvements have to go through the same approval steps as the
permanent improvements, and therefore the permanent improvements can be
accomplished in the same time frame.
Councilmember Moore asked when the County is expected to issue the Group
C bonds? Mr. Gilliss answered the expected time frame is January. He said
it is possible that the City may not need to make the 9750,000 available but
this is the only currently available method to move this project forward.
Councilmember Lindemans asked if the City has these funds available? City
Manager Dixon answered the City has the funds, however he does not purpose
to use general funds, but rather would obtain a short term loan and be
reimbursed 100 percent by the County. Mr. Dixon stated the County has
950,000,000 in investments from Series B bonds. He said their Bond Council
can use funds to build items scheduled for Series C bond funding. He stated
it has been the position of the Road Commission not to do this. Mr. Dixon said
it is his intent to persuade them that B Bond money be used. He said if the
worst case prevails, the City can get a short term loan, which will be
reimbursed.
Mayor Parks asked if this 9750,000 includes the 9150,000 "bandaid program".
Mr. Gilliss stated this will include all improvements.
City Attorney Field stated the 9750,000 is to widen Winchester from Ynez to
Margarita. He stated the funds are available in series B to construct the
improvements from Nicolas to Winchester, however, no contract has been
awarded for that work. He explained, this is where the change order to the
Maddage Contract, which is for Winchester Road from Ynez to Margarita
Minutes\ 10\02\90 -16- 11/15/90
City Council Minutes October 30. 1990
comes in. He said the City intends to obtain a change order so that the work
can be done concurrently.
It was moved by Councilmember Mu~oz, seconded by Councilmember Moore
to approve staff recommendation as follows:
17.1
Authorize the Mayor to execute an agreement, between the City
of Temecula and the County Assessment District No. 1 61, to lend
the sum of $750,000 with repayment to be made from funds to
be generated through sale of AD-1 61 Group C bonds/.
17.2
Exchange presently proposed interim improvement project for the
Winchester/Nicolas Road intersection in consideration of inclusion
of the permanent improvement of Winchester/Nicolas Road in a
contract already awarded and underway.
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CITY MANAGER REPORTS
None given.
CITY ATTORNEY REPORTS
City Attorney Field requested that the meeting be adjourned to a closed session to be
held on November 13, 1990, at 6:30 PM, to consider Outdoor Media Group and
Jones Intercable litigation.
CITY COUNCIL REPORTS
Minutes\lO\02\90 -17- 11/15/90
City Council Minutes October 30, 1990
Councilmember Birdsall requested that the "Sister City" and "Discretionary Funding"
Committees schedule meetings. She also requested that staff look into getting the
freeway population signs corrected.
Councilmember Mu~oz announced that a high ranking Japanese dignitary will be
visiting Temecula on November 9, 1990, and asked the Council to consider a
Japanese City as a "Sister City".
Councilmember Lindemans announced he chaired the first meetings of the Parks and
Recreation Commission, where Mike Kirby was named Chairman, the Traffic
Commission, with Knox Johnson as Chairman and the Public Safety Commission, with
Joe Schneider as Chairman.
Councilmember Lindemans requested the matter of the excessive exhaust from school
buses parked at the Temecula Valley High School be looked into since it severely
impacts the adjoining residences.
ADJOURNMENT
It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to
adjourn at 11:00 PM, to a meeting November 13, 1990 at 6:30 PM for an Executive
Session, pursuant to Government Code Section 54956.89 to discuss matters relating
to litigation in the case of Jones Intercable and Outdoor Media Group.
The motion was unanimously carried.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
Minutes\l 0\02\90 - 18- 11/15/90
ITEM NO. 3
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the following claims and demands as set forth in Exhibit A have been
audited by the City Manager, and that the same are hereby allowed in the amounts of
$542,243.68.
SECTION 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOFrED, this 271h day of November, 1990.
Ronald J. Parks, Mayor
ATTEST:
June S. Greek, Deputy City Clerk
[SEAL]
3/Reaoa 115 11/20/90
LIST OF DEMANDS 11-27-90
DATE
CHECK NO. VENDOR
DESCRIPTION
AMOUNT
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
1-27-90
~1-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
11-27-90
1-27-90
1-27-90
11-27-90
6055
6056
6057
6058
6059
6060
6061
6062
6063
6064
6065
6066
6067
6068
6069
6070
6071
6072
6073
6074
6075
6076
6077
6078
6079
6080
6081
6082
6083
6084
6085
6086
6087
6088
6089
6090
6091
6092
6093
6094
6095
6096
6097
6098
6099
6100
6101
6102
6103
BORLAND UPGRADE OF SOFTWARE
BURKE, WILLIAMS & SORENSEN PROFESSIONAL SERVICES
BUSINESS ONE IRWIN EDUCATIONAL BOOKS
CA. SOCIETY OF MUNI FINANCE OFFICERS MEMBERSHIP DUES
CALIF. MUNICIPAL STATISTICS, INC.
CITY OF MORGAN HILL
THE CALIFORNIAN
LISA CARTER
CASH REGISTER SYSTEMS
COMFORT INN
COUNTY SUPPLY SERVICES
COPY LINE
DAVLIN
DICKSON
FEDERAL EXPRESS
FIRST AMERICAN TITLE CO.
GRAFFITI REMOVAL SERVICES
C & C LOCKSMITH
GTE
GTEL
IDEAS FOR EFFECTIVE MANAGEMENT
KUSTOM SIGNALS, INC.
HENRY, MARY JANE
LEAGUE OF CALIFORNIA CITIES
LIGHTFOOT PLANNING GROUP
MANAGEMENT RESOURCE ASSOC.
MARILYN'S COFFEE SERVICE
MCCANN PRINTING SERVICE
JOHN MCTIGHE & ASSOC.
MORNINGSTAR MUSICAL PRODUCTIONS
MOORE, PEG
MUNOZ, SAL
NELSON, SHAWN
NICK TAVAGLIONE CONSTRUCTION
ORANGE COUNTY STRIPING SERVICE
PARKS, RON
PEAT MARWICK
PEREA, ROSE
PHILIP L. ANTHONY, INC.
THE PHONE MAN
THE PRESS ENTERPRISE
RAN-TEC
RESERVATION DEPARTMENT-RED LION INN
RIVERSIDE OFFICE SUPPLY
SILVERWOOD DEVELOPMENT, INC.
SIR SPEEDY PRINTING SERVICE
SOUTHERN CALIF. TELEPHONE CO.
TOWNE CENTER STATIONERS
VARGAS, GEORGE & MARGARET
CAFR REPORT
PRINTING LITERATURE
PUBLIC HEARING NOTICES
MILEAGE REIMBURSEMENT
INK CARTRIDGE FOR CASHIER
LODGING IN LIEU OF MILES
SURVIVAL KIT
FAX MACHINE AND PARTS
AUDIO & VIS. FOR MEETINGS
STREET SWEEPING
PRIORITY PACKAGES
PARKS LIGHTING PROJECTS
REMOVAL SERVICES
REMOVE KEY FROM DOOR
PHONE BILL
RENTAL EQUIPMENT
PERSONNEL STAFF SUPPORT
RADAR GUNS
MILEAGE REIMBURSEMENT
REGISTRATION FEES
LANDUSE INVENTORY
PROFESSIONAL SERVICES
COFFEE SERVICE
PRINTING NEWSLETTER
FEE TRANSFER & GANN LIMIT
CHRISTMAS ENTERTAINMENT
TRAVEL REIMBURSEMENT
MILEAGE & TRAVEL
MEALS AND TRAVEL REIMBURS
REFUND FOR OVERCHARGE
WORE DONE ON RANCHO CALIF
TRAVEL,REGISTR,MILES REIM
AUDIT OF GEN.PURP.FINAN.S
MILEAGE REIMBURSEMENT
SPHERE OF INFLUENCE
ADDING PHONE LINE
CLASSIFIED & PUB.NTC
RUBBER STAMP FOR CASHIER
REGISTRATION FEES
OFFICE SUPPLIES
REFUND OF OVERCHARGE
INSPEC. NTCS & CASH REC.
CELLULAR PHONE BILL
DESK, HUTCH, PRINTER STND
REFUND OF OVERCHARGE
$79.95
$3,955.07
$64.52
$15.00
$350.00
$55.00
$99.95
$27.75
$73.09
$46.16
$149.78
$5,711.13
$918.32
$900.00
$142.25
$75.00
$276.00
$32.00
7,502.66
$482.32
$1,062.50
$3,404.25
$29.50
$465.00
$16,507.85
$3,400.00
$19.00
$507.06
$940.50
$300.00
$457.86
$392.36
$91.71
$3,025.00
$1,685.00
$542.88
$5,000.00
$29.30
$1,448.75
$51.00
$386.67
$14.95
$165.36
$1,910.41
$1,589.53
$435.62
$128.62
$544.25
$42.40
DATE CHECK NO.
11-27-90 6104
11-27-90 6105
11-27-90 6106
11-8-90
LIST OF DEMANDS 11-27-90
VENDOR
WALL STREET JOURNAL
WILLDAN ASSOCIATES
WINDSOR PARTNERS
PAYROLL
TOTAL PAYROLL & LIST OF DEMANDS
I~~eby cert.'~.t~~e fT i
go ng
Prepared by Alicia Thorsborne
is true and correct.
DESCRIPTION AMOUNT
SUBSCRIPTION FEES $129.00
B&S,ENG,PLNG,4 JULY-SEPT.S434,038.27
DEC.RENT-NOV.CAM $13,173.39
$29,369.74
$542,243.68
ITEM NO.
4
ORDINANCE NO. 90-22
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, AMENDING
THE OFFICIAL ZONING MAP OF SAID CITY IN
THE CHANGE OF ZONE APPLICATION
CONTAINED IN DEVELOPMENT PERMIT NO. 5611,
CHANGING THE ZONE FROM R-R (RURAL
RESIDENTIAL) TO R-1 (SINGLE FAMILY
RESIDENTIAL) ON PROPERTY LOCATED ON THE
NORTHEAST CORNER OF SERAPHINA ROAD AND
RITA WAY.
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Public hearings have been held before the Planning Commission and City Council
of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the
State of California, and the City Code of the City of Temecula. The application land use district
as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use
map for the City of Temecula as adopted by the City and as may be amended hereafter from
time to rime by the City Council of the City of Temecula, and the City of Temecula Official
Zoning Map is amended by placing in affect the zone or zones as described in Change of Zone
No. 5611 and in the above rifle, and as shown on zoning map attached hereto and incorporated
therein.
SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk
of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted
in at least three public places in the City.
SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its
adoption.
PASSED, APPROVED AND ADOFrED this 271h day of November, 1990.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 90-22 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 13th day of November, 1990 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day
of November, 1990 by the following vote, to wit;
AYES:
C OUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, Deputy City Clerk
APPROVAL
CITY ATTORI~FEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Planning Department
November 13, 1990
Change of Zone No. 5611
Vesting Tentative Tract Map No. 2500z~
PREPARED BY:
Mark Rheades
R ECOMMEN DAT I ON:
Adopt Negative Declaration
Adopt Ordinance No. 90- Approving Change of
Zone No. 5611
Adopt Resolution No. 90- Approving Vesting
Tentative Tract Map No. 25004
APPLICATION INFORMATION
APPLICANT:
Brent Dix
REPRESENTATIVE:
C-M Engineering
PROPOSAL:
Vesting Tentative Tract No. 2500~ to subdivide
approximately 59.0 acres into 135 single family lots,
and Change of Zone from R-R to R-1.
LOCAT I ON:
Northeast corner of Seraphina Road and Rita Way.
EXISTING ZONING:
R-R I Rural Residential)
SURROUNDING ZONING:
North:
South:
East:
West:
SP ( Specific Plan )
R-R I Rural Residential )
R-R-2 1/2, A-A-10
R-R, SP { Rural Residential,
Specific Plan )
PROPOSED ZONING:
R-1 ( One-Family Dwellings)
EXISTING LAND USE:
Vacant
STAFF R PT\VTM2500z~ 1
SURROUNDING LAND USES:
PROJECT STATISTICS:
PROJECT DESCRIPTION:
BACKGROUND:
North: Vacant
South: Vacant
East: Single Family
West: Vacant
Number of Acres:
Minimum Proposed Lot Size:
IVtinimum Permitted Lot Size:
Proposed Density:
SWAP Density:
~2.~
7,200 sq. ft.
7,200 sq.ft.
2.3 units/acre gross
2-~ units/acre
Zone Chanqe
Change of Zone No. 5611 is a proposal to change the
zoning of the subject 59 acres from R-R (Rural
Residential ), which requires a one-acre minimum lot
size, to R-1 (One-Fami|y Residential), which
permits a 7,200 square foot minimum lot size. The
proposed density of 2.3 DU/AC is consistent with
the 2-~ DU/AC SWAP designation.
Tentative Tract
Vesting Tentative Tract Map No. 2500~ proposes to
subdivide the subject 59 acres into 135 single family
residential lots end four (q) remainder parcels.
The proposed lot sizes range from 7,200 square feet
to 17,825 square feet, with an average lot size of
approximately 8,800 square feet. This proposal is
consistent with Change of Zone No. 5611.
Change'of Zone No. 5611 and Vesting Tentative
Tract Map No. 2500zi were first taken to Planning
Commission on September 17, 1990. The item was
continued because of the Commission concerns with
slopes, design guidelines, and park space.
On October 15, 1990, the Planning Commission
considered the applicant~s proposal and approved
Change Zone No. 5611 and Vesting Tentative Tract
Map No. 2500~ by a vote of 3-1.
The Commission~s concerns relative to design
guidelines were mitigated by the applicant updating
the submitted guidelines. Slope concerns were
addressed by a slope cross section analysis
submitted by the applicant. The park space issue
was mitigated by the applicant's offer of dedication
of proposed lots 137, 138, 139, and lqO. This totals
approximately 18 acres. The applicant will still be
required to pay Quimby Act fees because of the
proposed park space's limited usefulness (MWD,
STAFFRPT\VTM2500~ 2
5CE easement area).
The final issue raised by the commission concerned
airport impact. The project has b::n conditioned so
that if it is determined that the project within an
airport impact area, potential property owners will
be notified.
STAFF RECOMMENDATION:
The Planning Department Staff recommends that the
City Council:
ADOPT the Negative Declaration for Change
of Zone No. 5611 and Vesting Tentative Tract
Map No. 2500~;
ADOPT Ordinance No. 90- approving
Change of Zone No. 5611, based on the
analysis and findings contained in the Staff
Report; and
ADOPT Resolution No. 90- approving
Vesting Tentative Tract Map No. 2500q.
based on the analysis and findings contained
in the Staff Report and subject to the
attached Conditions of Approval.
MR:ks
Attachments:
o
Exhibit
Ordinance
Resolution
Conditions of Approval
Planning Commission Staff Reports
{ September 17 and October 15, 1990 )
Planning Commission Minutes
I September 17 and October 15, 1990 )
STAFF R PT\ VTM2500~ 3
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.: VTTM 2500q
The following fees were reviewed by 5taft relative to their applicability to this
project.
Fee
Habitat Conservation Plan
I K-Rat)
Parks and Recreation
I Quimby )
Public Facility
( Traffic Mitigation )
Public Facility
~ Traffic Signal Mitigation )
Public Facility
(Library)
Fire Protection
Flood Control
IADP)
Condition of Approval
Condition No. 23
Condition No. 2~
Condition No. 57
Condition No. ~
Condition No. 21 .a.
Condition No. 12
Condition No. 11
PLANNING\MLI3
~ ' ii ::ill{ill:
ITEM NO. 5
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Engineering Department
November 27, 1990
Substitution of Bonds For Construction of Storm Drains in
Tract No. 23371-1 and No. 23371-2
PREPARED BY:
Robert R ighetti
RECOMMENDATION:
That the City Council accept bonds for streets and
drainage, water system, sewer system, and subdivision
monuments for Tract Nos. 23371-1 and 23371-2 as
substitutes for bonds previously submitted to the
Riverside County Board of Supervisors on March 19, 1990
and to direct the City Clerk to so advise the Clerk of the
Board of supervisors of said substitution.
DISCUSSION:
As a Condition of Approval for the subject tracts (Tract
Nos. 23371-1 and 23371-2), the City Council approved the
Final Tract Maps on March 27, 1990, and the Board of
Supervisors executed the agreements and accepted the
faithful performance and materials and labor bonds.
The developer requests that, due to a change in surety,
a new set of bonds be substituted for the bonds accepted
by the Board of Supervisors.
A similar substitution of bonds for storm drain
construction in Tract 23371 was approved by the City
Council on November 13, 1990.
STAFFRPT\TR23371.-1 1
The bonds on file were furnished by Insurance Company of The West:
Cateqory
Streets & Drainage
Water System
Sewer System
Survey Monumentation
Cate,qory
Streets & Drainage
Water System
Sewer System
Survey Monumentation
TRACT NO. 23371-1
Bond Number
115 17 72
115 17 72
115 17 72
115 17 71
Faithful
Performance
Amount
$995,000.00
343,500.00
119,000.00
$ 21,000.00
TRACT NO. 23371-2
Bond Number
Faithful
Performance
Amount
Material 8
Labor
$497,500.00
171,750.00
59,500.00
Material &
Labor
115 17 79 $180,000.00 $ 90,000.00
115 17 79 47,000.00 23,500.00
115 17 79 35,500.00 17,750.00
115 17 80 $19,900.00
The bonds offered in substitution are furnished by Allied Mutual Insurance Company:
TRACT 23371-1
Cateqory
Streets 8 Drainage
Water System
Sewer System
Survey Monumentation
Bond Number
Bd 7900 534981
Bd 7900 534981
Bd 7900 534981
Bd 7900 534982
Faithful
Performance
Amount
$995,000.00
343,500.00
119,000.00
$ 21,000.00
Material
Labor
$497,500.00
171,750.00
59,500.00
STAFFRPT\TR2 3 3 7 1. - 1 2
Cateqory
Streets & Drainage
Water System
Sewer System
Survey Monumentation
TRACT 23371-1
Bond Number
Bd 7900 534980
Bd 7900 534980
Bd 7900 534980
Bd 7900 534983
Faithful
Performance
Amount
$180,000.00
47,000.00
35,500.00
$ 19,900.00
Material &
Labor
$ 90,000.00
23,500.00
17,750.00
FISCAL IMPACT:
Not determined.
SUMMARY:
Staff recommends that the City Council ACCEPT the substituted bonds
for streets and drainage improvements, water and sewer systems, and
subdivision monumentation in Tract Nos. 23371-1 and 23371-2; and
DIRECT the City Clerk to advise the Clerk of the Board of Supervisors
of said substitution of bonds.
RR:ks
Attachment:
Location Map
STAFFRPT\TR2 3 3 7 1. - 1 3
le IllhlellCl, I
i':e
Io la- D,ele
c
i"
VICINITY
N.T.S.
MAP
The Bu ie Corporation
' ~2~. .'.E:E' ~L~',~2 2~' .~
-2 *£ _'2,5'
5'-', C ESC :-:. ::P~, ':. ~2'Z'
;")~ -;8'
October 26, 1990
Mr. A1 Crisp
Engineering Dept.
CITY OF TEMECULA
43180 Business Park Drive
Temecula, CA 92390
REPLACING BONDS FOR TRACTS 23371-1
AND 23371-2
Dear Ai:
I am enclosing to you four original bonds which are to
replace bonds currently being held in the City Clerk's
Office. These new bonds are for the same amounts, areas and
descriptions of work as those they are to replace; we have
simply changed bonding companies. The previous bonds were
issued through Insurance Company of the West (ICW) and these
new bonds have been issued through Allied Mutual Insurance
Company (Allied). A chart is attached showing this
replacement transaction for your reference.
Please place this request before the City Council on the
November 13 meeting.
If you need any further information, please contact me
at our San Diego office at (619) 487-3050. Thank you.
Sincerely,
Carol Ford
Project Coordinator
/cf
enclosures: 4 original bonds
1 reference chart
cc:
June Greek, City Clerk (w/enclosures)
Tim Serlett, City Engineering Dept. (w/o enclosures)
Jim Resney, The Buie Corp. (w/o enclosures)
TEMEKU COUNTRY CLUB
NEW BONDS
REPLACES THESE BONDS
Tract 23371-1
#7900 534982, Monument Bond
for $21,000 issued by Allied
#7900 534981, Faithful Performance
Bond for $1,457,500 issued by Allied
#7900 534981, Material & Labor Bond
for $728,750 issued by Allied
Tract 23371-1
#115 17 71, Monument Bond
for $21,000 issued by ICW
#115 17 72, Faithful Performance
Bond for $1,457,500 issued by ICW
#115 17 72, Material & Labor Bond
for $728,750 issued by ICW
Tract 23371-2
#7900 534983, Monument Bond
for $19,900 issued by Allied
#7900 534980, Faithful Performance
Bond for $262,500 issued by Allied
#7900 534980, Material & Labor Bond
for $131,250 issued by Allied
Tract 23371-2
#115 17 80, Monument Bond
for $19,900 issued by ICW
#115 17 79, Faithful Performance
Bond for $262,500 issued by ICW
#115-17 79, Material & Labor Bond
for $131,250 issued by ICW
SUBDIVISION MONUMENT
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
(Government Code 66496)
BONDING COMPANY ALLIEDMutual Insurance Contk3ny
ADDRESS
CITY
BOND
TRACT/PARCEL MAP NO. 23371-1
BOND NO. Bd 7900 534982
P.O. Box 1820
LaMesa, CA 92044
PRINCIPAL Margarita Village Development Co.
ADDRESS
CITY
KNOW ALL MEN BY THESE PRESENTS:
BjieF~C~lifon-LiaLtd. (a ltd. pert.) &DL~_F~Califc~Lbd.
That (a ltd. lzk3rt.) a joint~tt~cl3aIv)~L~-ita~ll~.D~]qmB~tCo~a~y , Subdivider, as
Principal, and ALLZED Mutual Insurance Comsanv , a CorDoration, as
Surety, are hereby jointly and severally bound to pay to the County of Riverside the sum
of ?wenty one ~"nousand and no/lO0 $ 21,000.00
The condition of this obligation is that whereas the Subdivider, as a condition of the
filing of the final subdivision map of (Tract/Parcel Map} 23371-1 , entered into
an agreement with said County to set Survey Monuments and Tie Points in said tract and
furnish Tie Notes therefor and to pay the engineer or surveyor performinq the work, in
full, within 30 days after completion.
NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the
original term thereof or of any extension of said term that may be granted by the County
of Riverside, with or without notice to the Surety, this obligation shall be void, otherw'
it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses-and fees, including
reasonable attorney's fees, incurred by County in successfully enforcing such obligation,
all to be taxes as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no chanqe, extension of time, alteration
or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby Waive notice of any such change, extension of time, alterat
or addition to the terms of the agreement or to the work or to the specifications.
Dated: October 19, 1990
NAME OF PRINCIPAL: .ELde ~ Califorrda Lbsl. (a lbsl. l~rt.) & It=-ca~ Ra~c~o C~liforrda L~. (a
lizt. D-tort. ) a joint ~nture olin M~ta Vi 1 lal~'_ D~t ComenV
/
AUTHORIZED SIGNATURECS): ~: T~," ~,%; %a , d.~,~. Ca~.~). Ug..°, Ca~i~8~,i ~ e~ pa~t,~sh~p
/ Vice President~
~ Assist~A~
Secretary Title
(IF CORPORATIO , AFFIX SEAL)
AUTHORIZED SIGNATURE:
Title
Keith E. Cl~nts
(IF CORPORATION, AFFIX SEAL)
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
5~TATE OF CALIFORNIA )
ss.
County of )
On this day of
a notary public, personally appeared
in the year __
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
· before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) PARTNERSHIP
On this day of in the year __, before me
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) CORPORATION
On this day of in the year ~, before me ,
a notary public, personally appeared ,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as [] president, I"] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witneas my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss-
County of San Di ego ) CORPORATION
On this 19th day of October in the year 199____9_0, before me Sher='y' Hoffman
a notary public, personally appeared Kei th R. Cl~T~nts
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it.
Witness. m_y_ha~n_d _an~d_o~fic_ia~l s~e~al pn t_he_d_ay~ and year above written.
HERRY HOFFMAN '
8d ~4 H-87) ~
NOTARY PUBUC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
~t~R~ C. HANSON
Notan/Public-California
SAN D~EGO COUNTY
~ Cernn'L~i~ F. xp~e~
June24. 1994
NOTARY PUBLIC
Power of Attorney
KNOXV ALL MEN BY THESE PRESENTS 'Fhal ALLIED Mutt,al Insurance Company, a corporation organized
under tile laws or the State or Iowa, with its principal office in the City of Des Moines, Iowa, hereinaftcr called 'Company',
does hereby make, constitute and appoint KEII'It F.. CLE~IENTS STEVEN w. DOBSON
Si!ERRY HOFF~IAN ELIZABETH il. WOOD MICIIAEL w. TliO~'IAS
LA MESA, CA
each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute
in its behalf any and all bonds and tradertakings and other obligatory instruments of similar nature (except bonds guaran-
teeing the payment of principal and interest of notes, mortgage bonds and morlgages) in penalties not exceeding the sum of
( S 4,000,000.00 )
and to bind tile Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmed.
This Power or Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors or the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 2, Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued
by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by
Attorney(s)-In-Fact appointed by the President, or b.v a Vice President.'
'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
'l'his Power or Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power or Attorney is allached is and shall continue to be a valid and binding obligation of the
Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President.'
'Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a
Vice President, or Attorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the
Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to b{ executed by the Secretary, or an Assistant
Secretary, as hereinabove in Section :~, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the
person authorized to sign such instrument may afTix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall
be ~ effective and binding as the original seal.'
'Section e. A facsimile signature or the President, or of a Vice President, affixed to any bond, undertaking, or obligatory instrument
of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President. as herein
in Sections 2 and 3 provided, or ~ fatstrade signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4
provided, shall be effective and binding upon the Corporation with'the same force and effect as the' original signatures of any such officers.'
'Section 7. A facsimile signature of a former officer shtdl be of the same validity as that of an e:~isting officer, when affixed to any
policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section I, 2, 3 and 4 provided.'
IN WITNESS WHEREOF. tile Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed ~is O3 day of ,=.{~UGUST 1990
#~.T;-.:;~;~ ALLIED MUTUAL INSURANCE COMPANY
STATE OF IO~VA ~:::.S..~?J By: ~mCx~lm ' President
COUNTY OF POLK ss q~'!,:i..'~:l ~"~
On this 03 day of AUGUST ,~'~'90, before e personally came John E. Evans, to me known, who, being by me duly sworn,
pursuant to authority given by the Board of Directors of said corporation and thai he has sig ed his name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed or said corporation. 2~Zf~or~v
S. A. Denning
· "':, S.A. DENNING Notary Public in a
uY COuu,SS,ON
CERTIFICATE
!. the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa. do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 4,
5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of AItorney are still in force.
have subscribed my narne and affixed the seal or the compan
this 19th day of October 19 90 ' °~"'"".
This Power of Attorney expires ~'~.";"'t.i ' Secretary
007Z6 08103193
Bd I (06-89) O0
Insurance
BOND RIDER NO.
To be attached to and form a part of Bond No. Bd 7900 534982 dated
the 19th day of October. 1990 issued by ALLIED Mutual Insurance Company,
Des Moines, Iowa, as Surety in favor of The County of Riverside as
Obligee, and with ~uie Rancho Caltforni~ Ltd. (a ltd. part.) & Nevada
Rancho California Ltd. {a ltd. part.) a Joint venture dba Margarita
Village Development Company as Principal.
Now therefore, it is hereby agreed by the Principal and the Surety
that the bond be amended as follows:
The name of the Obligee is amended from:
to:
County of Riverside
City of Temecula
Provided, however, that the said bond shall be subject to all its
agreements, limitations and conditions except as herein expressly
modified.
This rider shall become effective as of the 19th day of October, 1990.
Signed, sealed and dated this 22nd day of October, 1990.
Bd 20 ( 7-78 ) 00
Buie Rancho California Ltd. &
Nevada Rancho California Ltd. a
~//~ UR CE COMPANY
STATE OF CALIFORNIA )
SS.
County of )
On this day o(
a notary public, personally appeared
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
in the year __
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
, before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) PARTNERSHIP
On this day of in the year __.,before me
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf ot the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) CORPORATION
On this day of in the year __.,before me
a notary public, personally appeared ,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as I"l president, ~ secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above wdlien.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA )
SS.
County of San D'iego )
On this 22rid day of Octobe_r
a notary public. personally appeared
CERTIFICATE OF ACKNOWLEDGEMENT
CORPORATION
1990 Shez. 2.'y' Hoffman
in the year __, before me
Keith E. C1 ~me. nts
personally known tO me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named. and
acknowledged to me thai the corporation executed it.
Witne.s~O}-v h~nd_az:~ ~nfficiaL ~=1 Dn-.~"mazt..~',,'L! ear above wdtten.
SHERRY HOFFMAN ~ -
F ,
~N DIEGO ~U ~ ' ~ ~
~, ...... My ~t~ E=p Au8 28, I~Z )
294 (1-87) ~
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
Vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
~ C. HANSON
Notory Publlc-Collromla
SAN DIEC-:-~ COUNTY
IVn/Con"tnL~on Expke.,s
,June 24. 1994
NOTARY PUBLIC
Power of Attorney
KNO\V ALL MEN BY TIIESE I~RESEN'FS That ALI. IED Mutual Insurance Company, a corporation organized
under the laws of the State of Iowa, witIt iLs principal office in the City of Des Mojncs. Iowa, hereinal~.er called 'Company'.
does hereby make, constitute and appoint KEITII E. CLEMEN'rS STEVEN W. DOBSON
~IIERRY HOFF~IAN ELIZABETli H. WOOD MICIIAEL XV. TIIO~IAS
LA MESA, CA
each in his individual capacity, ~ true and l~vFul AttorneT-In-Fact with full power and ~uthority to sign, seal, and execute
in i~ behalf any and all bonds and under~kings and o~er obligatory instrumenB of similar nature (except bonds guaran-
teein~ U~e payment oE principal and interest or notes, mortgaSe bonds and mortgages) in penalties not exceedins the sum of
( S 4,000,000.00 )
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by ~e duly authorized
officers of the Company; and al[ ac~ of said Attorney pursuant to ~e au~ority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by au~ority of the following By-Laws duly adopted by the
Board or Directors of ~e Company.
ARTICLE IX - EXECUTION OF CONTRA~S
'Section 2. Bonds, undertakings, and other obligatory in{truments of ~imjlar nature. other than policies and endorsements, issued
by the Corporauon shall be validly executed and binding on the Corporation when signed by the President, or a Vice President. or by
Attorney(s)-In-Fact appointed by the President, or by a Vice President.'
'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other ~rsons. as
Attorney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments or similar
nature, other than policies and endorsements with full power to bind the Corporation by their ~ignature and execution or any such instru-
ment. The appointment or ~uch Attorney(s)-ln-Fact shall ~ accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
1'his Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, i~ authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a va[jd and binding obligation of the
Corporation, according to its terms, when executed by Attorney(s)-In-Fact appoint~ by the President or a Vice President.'
'Section 5. It shall not ~ necessary to the valid execution and binding effect or the Corporation of any bond, undertaking. or
obligatory instrument of similar nature, other than poiicje~ and endorsements, signed on ~half of the Corporation by the President, or a
Vi~ President. or Attorney(s)-ln-Fact appointed by the President. or a Vice President. or any Power of Attorney executed on behalf of the
Corporation appointing Attorney(s)-In-Fact to act For the Cor~ration, or of any certificate to ~ executed by the Secretary, or an Assistant
Secretary, as heroinabove in Section 2.3, and 4 of this Article provided, that the corporate seal ~ affixed to any such instrument but the
~rson authorized to sign such instrument may affix the Forporate seal, and a facsimile corporate seal affixed to any such instrument shall
~ as effective and binding a~ the original seal.'
'Section ~. A facsimile signature of the President. or of a Vice President, a~xed to any bond, undertaking, or obligatory instrument
of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein
in Sections 2 and ] provided. or a facsimile signature of the Secretary, or of an Assistant Secretary to any ~rtificate as herein
provided, shall ~ effective and binding upon the Corporation with the same for~ and effect as the original.signatures of any such officers.'
'Section 7. A facsimile signature of a former officer shall ~ of the same validity a~ that or an existing officer, when affixed to any
policy or endorsement, any bond or undertaking. any Power of Artorgy or ~rtificate, as herein in Section I, 2, ] and 4 provided.'
IN WITNESS WIIEREOF, ~e Company has caused ~ese presenB to be signed by its President and iB corporate seal to
be hereunto a~xed Ufis 03 day of .~UGUST 1990
~.:;:;.~.~ ALLIED MUTUAL INSU~NCE COMPANY
~::' '~
- - - ~ . ~ ' ' ' , ,' a v
pursuant to authority given by the Board of Directors of said corporation and that he hB si8 ed hi~ name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of sa~ corporation.
5. A. Denning
$":'~ S.A. DENNING No~ry Public in ,a
: ~; MY COMMISSION EXPIRES
~' 4- ~ 3-92 CE RTI F I CAT E
I, the undersigned, Secretary of A LLI E D Mutual [nsurance Company, a corporation organized under the laws of ffie
State of Iowa, do hereby certify that tl~e foregoing Power of Attorney is still in force, and furtl~er cer~ry that Section 2,
5, 6 and 7 of Article IX of the By-Laws of U~e Company set forth in said Power of Attorney are still in force.
have subscribed my name and a~xed II~e seal of ~e compan
,19 90
this 22nd day or ~to~r
This Power of Attorney expire~ ~;~Z;.;3'~i Secretary
007Z6 08/03/93
Od I (06-89) 00
F A I T H F U L P E R F O R M A N C E B O N D
County of Riverside, State of California
(Government Code Section 66499.1)
FOR: Streets & Drainage
Water System
Sewer System
995,000.00
343,500.00
119,000.00
Tract No. 23371-1
Parcel Map No.
Bond No. Bd 7900 534981
Premium $10,203.00
Surety ALLIED Mutual Insurance C.crmpany Principal ~argarita Village Develo.L~Tent Co.
Address P.O. Box 1820 '- Address
City La Mesa, CA City
Zip Code 92044 Zip Code
WHEREAS, The County of Riverside, State of California, and
Buie Rancho c~liform~, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a
ltd- oart. ) a ~oint venture dba Marcarita Vi!lace Development Company
(hereinafter designated as "principal") have entered into, or are
about to enter into the attached agreement(s) whereby principal
agrees to install and complete the above-designated public
improvements, relating to (Tract/Parcel) Map Number 23371-1 ,
which agreement(s) is/are hereby referred to and made a part hereof;
and,
WHEREAS, said principal is required under the terms of said
agreement(s) to furnish bond(s) for the faithful performance of said
agreement(s);
NOW, THEREFORE, we the principal, and AiLiEDMutualInsurance
Oompan. y , as surety, are held and firmly bound
unto ~qe County of Riverside, in the penal sum of OneMillion ~urHundred Fift-
SevenThousand Five Hundred and no/100 Dollars ($1.457,500.00 )
lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these
presents.
The condition of ~lis obligation is such that if the above
bonded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as
therein provided, on his or their part, to be kept and performed at
the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and
save harmless ~he County of Riverside, its officers, agents and
employees, as therein stipulated, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to
the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by County in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its
obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of
the agreement or to the work or to the specifications. Surety
further stipulates an< agrees that the provisions of Section 2845 of
the Civil Code are not'a condition precedent to Surety's obligations
hereunder and are hereby waived by Surety.
When the work covered by the agreement is complete, the County
of Riverside will accept the work and thereupon the amount of the
obligation of this bond is reduced by 90% with the remaining 10%
held as security for the one-year maintenance period provided for in
the agreement(s).
IN WITNESS WHEREOF, this instrument has been duly executed by
the principal and surety above named on October 19 , 19 90 .
NAME OF PRINCIPAL: Buie Rancho California Ltd. (a ltd. part. ) & Nevada Rancho
~f~=aa L~i. (a 1~..=e~.) a joint ~mnme a~_ ~j~i~V~Ze~_ Sea!u~.L~LL ~.
AUTHORIZED SIGNATU~ (S): By The "u(~ ~nr~ra~nn, a ~l {~nrn{a CnrDnr~(nn. ~n~ral Partner
.,-' ~Ttle Vice
Title Assistant Secretary
( IF CORPORATION, AFFIX SEAL ) ,.
President
bIA~iE OF SURETY: Nr.~ ~it~At~
AUTHORIZED SiG~IATURE:
Title
Faith E. Clements (IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY- iN- FACT.
2
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
SS,
County of )
On this day of
a notary public. personally appeared
in me year
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
, before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) PARTNERSHIP
On this day of in the year ~, be~'ore me ,
a notary pubtic, personally appeared
personatly known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
merit, on behatf ol' the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF AC;'(NOWLEDGEMENT
ss.
County of ) CORPORATION
On this day of in the year ,, before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis ot satisfactory evidence, to be the person who executed the within
instrument as Q president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my i~and and official seal on the day and year above wntten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of San D~-eGo ) CORPORATION
On this ]-gth day of October' in the year ~990 before me
a nota~ pui~lic, personally appeared ~,e~ th ~. C;[6xrc~nt'~
personally known to me, Or proved to me on the basis ot satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it.
Witness my hand and official seal on the day and year above wntten.
'
,,,,,,,.,,,
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
Vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RA/qCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGAR!TA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
OFRCIAL S~,AL
MARIA C. HANSON
Notary Pul3gc-Ccitotrtla
~N ~ C~
~24. 1~
NOTARY PUBLIC
Power of Attorney
KNOXV ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized
under the laws of the State of iowa. with its principal oilice in the City of Des Moines, Iowa. heroinafter called 'Company'.
does hereby make. constitute and appoint KEITtt E. CLEME,NTS STEvE.N w. DOBSON'
~HERRY HOFFMAN ELIZABETH H. WOOD ~IICHAEL W. THOMAS
LA MESA, CA
each in his individual capacity, its true and la~l'ul Attorney-In-Fact with full power and authority to sign, seal. and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teeins the payment of principal and interest of notes. mortgage bonds and mortgages) in penalties not exceeding the sum of
( S 4,000,000.0n )
and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company: and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature. other than policies and endorsements, issued
by the Corporauon shall be validly executed and bindrag on the Corporation when s~gned by the President, or a Vice President, or by
Attorney(s)-ln-Fact appointed by the President, or by a Vice President.'
'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or o~her persons, as
Attorney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment. The appomtment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President. or a Vice Pres-
ident.
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duty adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OP CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking. or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligauon of the
Corporation, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President.'
'Section 5. It shall not be necessary to the valid execut,on and binding effect of the Corporation of any bond. undertakingS, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporauon by the President. or a
V~ce President, or Attorney(s)-In-gact appointed by the President, or a Vice President. or any Power of Attorney executed on behalf of the
Corporation appointing Attorney(s)-in-Fact to act for the Corporation. or of any certificate to be executed by the Secretary, or an Assistan~
Secretary, as heroinabove in Secuon l, 3, and 4 of this Article provided, that the corporate seal be ~t'mxed ~o :my such instrument but the
person authorized to sign such rostrumeat may affix the corporate seal, and a facsim,le corporate seal affixed to ~ny such instrument shall
be as efrecuve and bidinS as the original seal.'
'Secuon 6. A facsimile signature of the President, or of a Vice President, affixed to any bond. undertaking, or obligatory instrument
of sirrtilar nature, other than policies and endorsements, or to a Power of Attorney s~gned by such President, or a Vice President. as heroin
in Sectins I and .t provided, or a facsimile signature of the Secretary, or of an Assistant Secret~'y to any certif'tcate ~ heroin in Section
provided, shall be eF~'ective and binding upon the Corporation with'the same force and effect ns the origin~.l signatures of any such ot'tlcers."
'Section 7. A Facsimile signature of a former officer shall be of the same validit), as that of an existing officer, when affixed to a~y
policy or endorsement, any bond or undertaking. any Power of Attorney or certificate, ~ herera in Sectran l, 2.3 and ,t provided.'
IN WITNESS WHEREOF. Ute Company has caused these presents to be signed by its President and iLS corporate seal to
be hereunLo affixed this 03 day of $,~UGUST 1990
#~;~::.)~ ALLIED'MUTUAL INSURANCE COMPANY
t~;"
On this 03 day of AUGUST ,'I~'90 , before personally came John E. Evans, to me known. who, being by me duly sworn,
pursuant to authority given by the Board of Directors of said corporation and that he has gig ed his n~me thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of said corporation. ~d'F~or~v
S. A. Penning
-"'1':- S.A. PENNING Notarv Public in d
a
i ~ ~ MY COMMISSION EXPIRES '
,e-, ,~-13-g2 CERTIFICATE
I, tee undersigned, Sccretary of ALLIED Mutual insurance Company, a corporation organized under the laws of the
State of Iowa. do hereby certify that the foregoing Power of Attorney is still in Force, and further certify that Section 2.3,
5, 6 and 7 of Article IX of the By-Laws of U~e Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal ofthe company
this lgth. day of October ~~
This Power of Attorney expires
Secretar}',~,~
001'16 08/0~)/93
Bd I (06-~9) 00
MATERIAL AND LABOR BOND
County of Riverside
State of California
(Covernment Code Section 66499.1)
FOR:
Streets & Drainage $497,500.00
Water System $171,750.00
Sewer System $ 59,500.00
Tract No. 23371-1
Parcel Map. No.
Bond ~]o. Bd7900 534981
Premium INCLUDED
Surety ALLIED ~Mutua! Ins.urance Cc~p~any Principal Margarita Village Development Co.
Address P.O. Box 1820 Address
City La ~Esa, CA 92044 City
WHEREAS, the County of Riverside, State of California, and'
Buie Rancho California, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a
ltd. oart. ) a ~oint venture dba Mar~arita V~ !]a~e Deve!o~n~nt Company ,
(heroinafter designated as "principal") ~ave entered into, or are about
to enter into, the attached agreement(s) whereby principal agrees to
install and complete the above designated public improvements relating to
(Tract/Parcel) Map No. 23371-1 , which agreement(s) is/are hereby
referred to and made a part hereof; and,
WHEREAS, under th& terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient
pa.vment bond with the County of Riverside to secure the claims to which
reference is made in Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety,
are held firmly bound unto the County of Riverside and all contractors,
subcontractors, laborers, material persons and other persons employed in
the performance of the aforesaid agreement and referred to in the
aforesaid Civil Code in the sum of Seven Hundred Twenty Eight Thousand Seven
Hundred Fifty and no/100 Dollars ($728,750.00 ) for materials
furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said
surety will pay the same in an amount not exceeding t~he amount
hereina~ove set forth, and also in case suit is brought upon this bond,
will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by
County in successfully enforcing such obligation, to be awarded and fixed
by the court, and to be taxes as costs and to be included in the judgment
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure
to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code, so as to give a right of action
to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this
obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
The surety hereby stipulated and agrees that no change, extension of
time, alteration or addition to the terms of the agreement or the
specifications accompanying the same shall in any manner affect its
obligation on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition. Surety further stipulates and
agrees that the provisions of Section 2845 of the Civil Code are not a
condition precedent to the surety's obligations hereunder and are hereby
waived by surety.
II: WITNESS WHEREOF, this instrument has been duly executed by the
principal and surety above named, on October 19 , 19.90 .
NAME OF PRINCIPAL: Baie~hoC~l~Fel-aaLtd. (a l~.c~rt.)
AUTHORIZED SIGNATURE(S):
NAME OF SURETY:
AUTHORIZED SIGNATURE:
j,~, Title Vice Presiden
, ) ' Title Assistant
Secretary
(IF CORPbRATION, AFFIX SEAL)
ALLIED Mu~U in~ v
ITS ~~~>-I~
Keith E. Clerents
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURE OF PRINCIPAL
AND ATTORNEY-IN-FACT.
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
County of )
On this day of
a notary public, personairy appeared
in the year
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
before me
t
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed iL
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County ot ) PARTNERSHIP
On this day of in the year before me
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALtFORNIA) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) CORPORATION
On this day of in the year , before me ,
a notary public, personally appeared ,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
ins~'ument as E::] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Withaas my hand and officio] seal on the day and year above wntten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
Count'/of San Dj-ego ) CORPORATION
On this 19th day of October' in the yem' 1990 before me Sh~ Ho~Lcma.n
a notary public, personally appeared [<e';-th E. C:lemen~'~
personally known to me, or proved tQ me on the basis of satisfactory evidence, to be the person who executed the within
instnjmen~ as a~omey-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named. and
acknowledged to me that the corporation executed iL
Withess my hand and official seal on the day and year above written.
( · ~ QI=FIC, JAL SEAL
L
~' ,
(,. PRINCIPAL OFFtC~ tN
l SAN DtF, GO CO~INT~
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
Vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
OFFiCiAL Sr-AL '
MARIA C. HANSON '
Notary puD',ic-Cc~rtomia
SAN DIEGO COUNTY '
JLr~ 24, 1994 ,
NOTARY PUBLIC
Power of Attorney
KNO\V ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized
under the laws of the State of iowa, with its principal office in the City of Des N'loines. iowa. heroinafter called 'Company'.
does hereby make. constitute and appoint KEITH E. CLE.%IENTS STEVE:N w. DOBSON
SHERRY HOFF;MAN ELIZABETH H. WOOD MICHAEL W. THO),tAS
LA MESA, CA
each in his individual capacity. its true and lawful Attorney-ln-Fact with full power and authority to sign. seal. and execute
in its behalf any and all bonds and undertakings and other obligato~' instruments of similar nature (except bonds gunran-
teeing the payment of principal and interest of notes. mortgage bonds and mortgage~) in penalties not exceeding the sum of
( S 4,000,000.00 )
and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
~rmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 2. Bonds. undertakings, and other obligatory instruments of similar nature, other than policies and endorsements. issued
by the Corporation shall be validb' executed and binding on the Corporation when signed by the President, or a Vice President, or by
Attorney(s)-In-Fact appointed by the President. or by a Vice President.'
'Section 3. The President, or a Vice President. shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds. undertakings, and other obligatory instruments of similar
nature. other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment, The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporation. according to its terms, when executed by Attorney(s}-In-Fact appointed by the President or a Vice President,'
'Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond. undertaking. or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporauon by the President, or a
Vice President, or Attorney(s)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the
Corporation appoinung Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Asslstant
Secretary, as heroinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the
person authorized to sign such instrument may ,~x the corporate seal, and a facsimile corporate seal afthod to any such instrument shall
be as effective and binding as the original seaL'
'Section 6. A facsimile signature of the President, or of a vice President, affixed to any bond, undertaking, or obligatory instrument
of sirmiar nature, other than policies and endorsemenu, or to a Power of Attorney signed by such President, or a Vice President. as heroin
in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or or an Assistant Secretary to any certificate as herein m Section
provided, shall be effective and binding upon the Corporation wrath'the same force and effect as the original signatures of any such officers.'
'Section 7. A Facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any
policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in Section I, 2, 3 and a, provided.'
IN WITNESS WHEREOF. the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day or ,,~.UGL:ST 1990
~T:..:~::>.%ALLIED MUTUAL INSURANCE CO,.XIPANY
r.-:'
STATE OF IO~VA ~'.,S:L.A~.:.j':1 By: ~a~Ft~ ' President
COUNTY OF POLK ss
On this 03 day of AUGUST ,~'~'90 , before personally came John E. Evans, to me known, who. being by me duly sworn,
pursuant to authority given by the Board of Directors of said corporation and that he has ~,~d~F~or~v
s~g ed his name thereto pursuant to iike author-
ity, and acknowledged the same to be the act and deed of said corporation.
S. A. Donning
,-"',':, S.A. DENNING Notary Public in a
~/=~ ~, uY co~lss~o~ express
z..~-.
,,~ ,, -~-13-92 CE RTI F I CAT E
[. the undersigned, Secretary of A LLI E D Mutual insurance Company, a corporation organized under the laws of the
State of iowa, do hereby certify that the foregoing Power &Attorney is still in force, and further certi~' that Section 2, 3.
5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, I have subscribed mv name and affixed the seal of the company
, 19 90 ' ~'~-'.~."-~')w
this 19th day of October .,,.~ ....... } ~
This Power of Attorney expires '(~=:r..:;"'i; 'Secretary
00726 08/03/93
Bd I (06-89) O0
BOND RIDER NO.
To be attached to and form a part of Bond No. Bd 7900 534981 dated
the 19th day of October, 1990 issued by ALLIED Mutual Insurance Companl
Des Moines, Iowa, as Surety in favor of The County of Riverside as
Obligee, and with Buie Rancho California Ltd. (a ltd. part.) & Nevada
Rancho California Ltd. (a ltd. part.) a joint venture dba Margarita
Village Development Company as Principal.
Now therefore, it is hereby agreed by the Principal and the Surety
that the bond be amended as follows:
The name of the Obligee is amended from:
to:
County of Riverside
City of Temecula
Provided, however, that the said bond shall be subject to all its
agreements, limitations and conditions except as herein expressly
modified.
This rider shall become effective as of the 19t'h day of October, 1990.
Signed, sealed and dated this 22nd day of October, 1990.
Bd 20 (7-78) 00
Buie Rancho California Ltd. &
Nevada Rancho California Ltd. a
Development p
The ;uie Cor~o~n,,a,~a~orn'ia ~eral Partner
ALLI~. UTU i!~ ~J CE COMPANY
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
Count,/of )
On this day of
a notary pui31ic. personally appeared
in the year
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
, before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he. she, or they executed it.
Witness my hand and official seal on the day and year above wri~en.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) PARTNERSHIP
On this day of in the year __.,before me ,
a notary public. personally appeared
personally known to me, or proved to me on the basis or satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year a~bove written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) CORPORATION
On this day of in the year before me ,
a notary public. personally appeared ,
personaUy known to me. or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as [] president, L"I secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above written.
(SF_AL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of San. DieGO ) CORPORATION
On this 22rid day of 0ctobe_r in the year 1990 , before me S'P. eccy HOE:~zTa.P.
a notary public. personally appeared t<ej. thE:. (::'lF~tTPnt.~
personally known to me, or proved to me on the basis ot satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on bel'talf of ALLIED MUTUAL INSURANCE COMPANY, the corporal:ion therein named. and
ac~<nowledged to me that the corporation executed it.
Witness mv hand and official seal on the day and year above whiten.
~"-.-~',.-,.e,_,-,,',~- OFFICIAL 5F.j~L
~ ~ SHERRY HOFFMAN
t, ,_-_' :'_": t'°- ":_'_":
294 (1-87} 04
L,
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
vice President and Sheryl A. Mercado
, #
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
~ OFRCtAL SEAL
MA~LA C. HANSON
Not~'y PuDIic-Callfomk3
June24.
NOTARY PUBLIC
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS That ALLIED .Mutual Insurance Company, a corporation organized
under the laws of the State of Iowa, with its principal office in the City of Des Mohtes, Iowa, heroinafter called 'Company',
does hereby make, constitute nnd appoint KEITH E- CLEME>,'TS STEVEN %v, DOBSON
~IIERRY HOFF,%IAN ELIZABETH H, WOOD MICIIAEL W, TIIO~IAS
LA MESA, CA
each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal. and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teeing the payment of principal and interest or notcs, mortgage bonds and mortgages) in penalties not exceeding the sum
( s 4,0o0,0n0.0o )
and to bind the Company thereby, as Fully and to the same extent as if such instruments were siSned by the duly authorized
officers of the Company: and all acts of said Attorney pursuant to ~xe authority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ART!CLE IX - EXECUTION OF CONTRACTS
'section 2. Bonds, undertakings, and other obligatory instruments oF similar nature. other than policies and endorsements. issued
by the Corporauon shall be validly executed and binding on the Corporation when signed by the President, or a Vice President. or by
Attorney(s)-ln-Fact appointed by the President, or by a Vice President.'
'Section 3. The President, or a Vice President, sha)t have the power to appoint ~.gents of the Corporation, or other persons, as
Attorney(s}-In-Fact to act on behalf of the Corporauon in the execution of' bonds, undertakings. and other obiigatory instruments of similar
nature, other than policies and endorsements with Full power to bind the Corporation by their signature ~nd execution of any such instru-
ment The appomtment of such Attorncy(s)-In-Fact shall be accomplished by Powers of Attorney s,gned by the President, or a Vice Pres-
ident.
This Power of Attorney is siSned and sealed by facsimile under and by the Following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section ,1. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that ~ny bond. undertaking, or obligatory instrument of simi)ar nature, other
than policies and endorsements, to which this Power of Attorney ks attached is and shall conunue to be a valid and binding obiigauon of the
Corporation. according to its terms, when executed by Attorney(s)-ln-Fact appomted by the President or a Vice President.'
'Section 5. It shail not be neclssary to the valid execution and binding efToct of the Corporation of any bond, undertaking. or
obligatory instrument of s,milar nature, other than policies and endorsements, signed on behaiF of the Corporation by the President. or a
Vice President. or Auorney(s)-In-Fact appointed by the President. or · Vice President. or any Power of Attorney executed on behalf of the
Corporation appomting Attorney(s)-i n-f:act to act For the Corporauon. or of any certificate to be executed by the Secretary, or an Assistant
Secretary, ~ heroinabove in Section !. 3. and ~. of this Article provided, that ~he corporate seal be affixed to any such instrument but the
person authorized to s~gn such rostrumout may affix the corporate seal. and a facsimile corporate se~l affixed to any such instrument shati
be as efToctave and bindmg as the original seal.'
'Section 6. A facs~m,le s~gnature of the President, or of a Vice President. atT~xed to any bond. undertaking. or obligatory instrument
of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President. or a Vice President. as herera
in Sections 2 and 3 provided. or a facsimile signature of the Secretary, or of an Assistant Secretary to any certiPlcate a~ herera in SecUon
provided. shall be effecuve and binding upon the Corporation with the same Force and effect as the original signatures of any such officers.'
'Section 7. A facsimde signature of a Former of'ricer shall be of the same vnJidity as that of in existrag officer. when afTixed to
policy or endorsement. any bond or undertaking. any Power of Attorney or certificate, as heroin in Section 1. 2, I and 4. provided.'
IN WITNESS WHEREOF. the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day or .~UGUST 1990
· #.~.~.'.~;;:).~ ALLIED MUTUAL INSUI'b\NCE COMPANY
~n-:'
COUNTY OF POLK ss ~::;~'/ '
On this 03 day of AUGUST , 1~'90 , before ~. personally came John E. Evans, to me known, who, being bv me duly sworn.
pursuant to authority given by the Bo~d of Directors of said corporation and that he has sig ed his name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of said corporation. L~dcf~or~
- S.A. Penning
,-*T:. S.A. PENNING Notary Public in d
a
~ .~_ ~, uv COuu~SSmON eXmRES
:,.'f~,,' 4-13-92 CERTIFICATE
l, the undersigned, Secretary of AL LIED Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa, do hereby certify that the Foregoing Power of Attorney is still in force, and Further certify that Section
5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in Force.
IN TESTINIONY WHEREOF, I have subscribed my name and altixed the seal of the company
, 19 90 ~"'~"")~ ~/,~x~X,b~
this 22rid day oF October ~
This Powe~ of Attorney explres ~ Secretary
00716 08/03/93
Bd I (06-8g) 00
SUBDIVISION MONUMENT
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
(Government Code 66496)
BONDING COMpANY ALLIEDMutual Insurance C.c~y
ADDRESS
CITY
BOND
TRACT/PARCEL MAP NO. 23371-2
BOND NO. Bd7900 534983
P.O. Box 1820
La Mesa, CA 92044
PRINCIPAL Margarita Village Development Co.
ADDRESS
CITY
KNOW ALL MEN BY THESE PRESENTS:
BH~I~-xJ~oC~l~f~Lb:l. (a Ii3d. p srt.) &Nz~v'Prl~I~a~rzJ~C~l~Ltd.
That (a ltd-paz~c.)a joLqt~tu~ec~Mazq~taVLl_IaqsEt-~e_lu~,~C~ , Subdivider, as
Principal, and ~SIED ~tual Ins~ce C~v , a Corooration, as
Surety, are hereby jointly and severally bound to pay to the County of Riverside the sum
of N~eteen ~ous~d Nine H~ed and nm/lO0 $19,900.00
The condition of this obligation is that whereas the Subdivider, as a condition of the
filing of the final subdivision map of (Tract/Parcel Map) 23371-2 , entered into
an agreement with said County to set Survey Monuments and Tie Points in said tract and
furnish Tie Notes therefor and to pay the engineer or surveyor performinq the work, in
full, within 30 days after completion.
NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the
original term thereof or of any extension of said term that may be granted by the County
of Riverside, with or without notice to the Surety, this obligation shall be void, othep~is
it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses.and fees, including
reasonable attorney's fees, incurred by County in successfully enforcing such obligation,
all to be taxes as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no chanqe, extension of time, alteration
or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alterati
or addition to the terms of the agreement or to the work or to the specifications.
Dated: October 19, 1990
NAME OF PRINCIPAL: .B. da t~ Ca~ Ltd. (a ltd. p=~L.) & ~ Ra~ C~l~F~ Lb:l. (a
ltd..~. ) a joint Etuz~ ct~J~z~-it~ Vill~c~_ I:::L-~tD~,~L ~
~~~ T i t I e
(IF CORPO~IO~ AFFIX SEAL) ,
~tu ns v
N~E OF SURETY: ~LID u~ ~n~_ N~~ __
A~HORIZED SIGNATURE:
Title
Keith E. Cl~nts
(IF CORPORATION, AFFIX SEAL)
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
as.
County of )
On this day of
a notary public. personally appeared
in the year
CERTIFICATE OF ACKNOWLEOGEMENT
INOIVIOUALS
. before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument. and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) PARTNERSHIP
On this day of in the year ~, before me ,
a notary public. personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me thai the partnership executed it.
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) CORPORATION
On this day of in the year , before me ,
a notary public. personally appeared ,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as [] president, ~ secretary, on behalf ot the corporation therein natned and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year aloove whiten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
County ot Sen D~.eG_o ) CORPORATION
On this I-BIb day of Octobez:' in the year ].990, before me
a notary public. personally appeared Ke'i 'ch ~..
personally known to me, or proved to me on the basis of satisfactory evidence, tQ be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named. and
acknowledged to me that the corporation executed it.
Withes-str-;~'~"'~-~-A-"'~-;'*" =~'~-"" ~^ ~t.I/~ y~,ar above whiten.
,f ~ OFFICIAl, ~ ~
, SHERRY HOFFMAN ,
NOTARY PgELIC- CALIr-,.O~N~A
, SAN O~,EGO C0~NTY ~
, Mf Ci~tfmg~n Irx~ AMI. 28. Ill2 i
8d 294 fi-87) O4
NOTARY PUBIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 9.~.,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE COP~PORATION, the corporation. that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MA/~GARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
° c-California
NOTARY PUBLIC
Power of Attorney
KNO~,V ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporauon organized
under the la~vs or the State or Iowa, with its principal ofllce in the City of Des z",'loines, Iowa. heroinafter called 'Company',
does hereby make, constitute and appoint KEITH E. CLE~IENTS STEvEN w. DOBSO?,,'
:~HERRY HOFFMAN ELIZABETH H. WOOD MICHAEL W. THO.MAS
LA MESA, CA
each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign. seal. and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teeing the payment of principal and interest of notes. mortgage bonds and mortgages) in penalties not exceeding the sum of
( S 4,000,000.00 )
and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized
of Iicers of the Company: and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firme&
This Po~ver of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsemenu, issued
by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by
Attorney(s)-In-Fact appointed by the President, or by a Vzce President.'
'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s}-In-Fact to act on behaIF of the Corporation in the execution of bonds, undertakings. and other obIigatory instruments of similar
nature, other than policies and endorsements wrath full power to bind the Corporation by their signature and execution of an)' such instru-
ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
This Power oFAttorney is signed and sealed by facsimile under and by the following By-Laws duty adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking. or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporation. according to its terms, when executed by Attorney(s}-ln-Fact appointed by the President or a Vice President.'
'Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond. undertaking, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporauon by the President, or a
Vice President, or Attorney(s)-In-Fact appointed by the President. or a Vice President. or any Power of Attorney executed on behalf of the
Corporauon appointing Attorney(s)-in-Fact to act For the Corporation, or of any certificate to be executed by the Secretary, or an Assist=hi
Secretary, ~ heroinabove in Secuon 2, 3, and 4 of this Arucle provided, that the corporate seal be alrflxed to an}' such instrument but the
person authorized to sign such instrument may affix the corporate seal, and a facsirmle torpors, to seal aflixed to any such instrument shall
be aS effective and binding as the original seal.'
'Section 6. A Facsimile signature of the President. or of a Vice President, afir~xed to any bond, undertaking, or obligatory instrument
of similar nature, other than policies and endorsemenu, or to a Power of Attorney signed by such President. or a Vice President. as herein
in Sections 2 and 3 provided, or a facstrmle signature of the Secretary, or of an Assistant Secretata, to any certificate as heroin m Section
provided, shall be effective and binding upon the Corporation with'the same force and effect as the original signatures of any such officers.'
'Secuon 7. A facsimile signature of a former officer shall be of the same validity as that of an existing o~licer, when affixed to any
policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in Section 1, 2, 3 and 4 provided.
IN WITNESS WHEREOF. the Company has caused these presents to be s. igned by its President and its corporate seal to
be hereunto affixed this 03 day of ,.~UGUST 1990
,~T;'.;;;;')~ ALLIED MUTUAL INSURANCE COMPANY
STATE OF IOWA $:~,S.,:E~A~,..:-:~* By: '~af~: ~//1.~_' President
COUNTY OF POLK ss ~'~;r;~l
On this 03 day of AUGUST , 1~'90 , before e personally c.irne John E. Evans, to me known, who, being by me duty s~vorn,
pursuant to authority given by the Board of Directors of said corporation and that he has gig ed his nazne thereto pursu~nt to like author-
ity, and acknowledged the same to be the act and deed of said corporation. 2F~or~v
S. A. Dennin8
,-":'-', S.A. DENNING Notary Public in ta a
~ ,~ ~ MY COMMISSION EXPIRES
z..a-. 4-t3-92
,~o, CERTIFICATE
I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa. do hereby certify that the foregoing Power oFAttorney is still in force, and further certify that Section 2,
~, 6 and 7 oFArdcle IX of the By-Laws ofthe Company set forth in said Power of Attorney are still in Force.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal ofthe company
this 19th day of October
00716 08/03/93
Bd 1 (o~-sg) oo
BOND RIDER NO.
1
TO be attached to and form a part of Bond No. Bd 7900 534983 dated
the 19thday of October, 1990 issued by ALLIED Mutual Insurance Company
Des Moines, Iowa, as Surety in favor of The County of Riverside as
Obligee, and with ~uie Rancho California Ltd. (~ ltd. part.) a Nevada
Rancho California Ltd. (a ltd. Dart.) a joint venture dba Margarita
Village Development Company as Principal.
Now therefore, it is hereby agreed by the Principal and the Surety
that the bond be amended as follows:
The name of the Obligee is amended from:
to:
County of Riverside
City of Temecula
Provided, however, that the said bond shall be subject to all its
agreements, limitations and conditions except as herein expressly
modified.
This rider shall become effective as of the 19thday of October, 1990.
Signed, sealed and dated this 22nd day of October, 1990.
Bd 20 (7-78) 00
Buie Rancho California Ltd. &
Nevada Rancho California Ltd. a
it. venture dba...~a~lif]arita Village
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss,
County of )
On this day of
a notary public, personally appeared
in the year
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
, before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed iL
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS,
County of ) PARTNERSHIP
On this day of in the year __,before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the clay and year above written.
(SE~I') NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
County of ) CORPORATION
On this day of in the year , before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the 13erson who executed the within
instrument as [] president, EQ secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above wdtten,
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of San Diego ) CORPORATION
On this 22rid day of October in the year 1990 , before me Sherry'
a notary public, personally apl~eared Keith E. C]~rents
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named. and
acknowledged to me tha{ the corporation executed it
Witness rn, y_b..aJ3cLa..r~.iQ.ffiqL~ ~.e..eJ ~er'Lt~e,~.~Lay~ Ct r above
ed 294 (1-87) 04
wntten.
~"<~'~_O_..h._,~ ]~qF~C.~,/~OTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
Vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
~of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
C OFFICIAL SEAL
1' ~ MARIA C, HANSC
Notcsy FUollc-C~c-- :.
~ DIEC~:D COUi
~ ~ Cornm~an Ex~i:c:
NOTARY PUBLIC
Power of Attorney
KNO\V ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized
under tile [awe of the State of Iowa, with its principal office in the City of Des Moines, Iowa. heroinafter called 'Company',
does hereby make. constitute and appoint KEITH E. CLEMENTS STEVEN W. DOBSON
~[{ERRY HOFF~IAN ELIZABETH H. WOOD ,MICHAEL W. THO~IAS
LA MESA, CA
each in his individual capacRy, its true and lawful Attorney-ln-Fact with full power and authority to sign. seal. and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teeing the payment of principal and interest of notes. mortgage bonds and mortgages) in penalties not exceeding the sum of
( S 4,000,000.00 )
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmeal.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ART!CLE IX - EXECUTION OF CONTRACTS
'Section 2. Bonds, undertakings. and other obligatory instruments of similar nature, other than policies and endorsements, issued
by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice Preszdcnt, or by
Attorney(el-In-Fact appointed by the President, or by a Vice President'
'Section 3. The President, or a Vice President, shail have the power to appoint agents of the Corporation, or other persons, as
Attorney(el-In-Fact to act on behalf of the Corporanon in the execuuon of bonds, undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment The appointment of such Attorney{el-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pros-
ident.
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that ~y such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undercaking. or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall conurine to be a valid and binding obligation of the
Corporation, according to its terms, when executed by Attorne.v(s)-[n-Fact appointed by the President or a Vice President'
'Section 5. it shall not be necessary to the valid execuuon and binding effect of the Corporation of any bond, undertaking, or
obligatory instrument of similar nature, other than poiicses and endorsements, signed on behalf of the Corporanon by the President, or a
Vice President, or Attorney(el-In-Fact appointed by the President or a Vice President, or any Po~ver of Attorney executed on behalf of the
Corporation appointing Attorney(el-In-Fact to act for the Corporation, or of any cerU~cate to be executed by the Secretary, or an Assistant
Secretary, as herelnabove in Section 2.3. and 4 or this Article' provided, that the corporate seal be ~f'bxed to any such instrument but the
person authorized to s~gn such instrument may affix the corporate seal~ and a facsimile corporate seal affixed to any such instrument shall
be a.s effecuve and binding as the original seaL'
'Section 6. A facsimile signature of the Pre~dent, or of a Vice President, afiqxed to any bond, undertaking, or obligatory instrument
of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herera
in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as heroin in Seenon
provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such o~cers.'
'Section 7. A facsimile signature of a former ofiqcer shall be of the same validity as that of an existing officer, when affixed to any
policy or endorsement. any bond or undertaking, any Po~ver of Attorney or cerUficate, as herera in Section I, 2, 3 and 4 provided.'
IN WITNESS \\; I-{EREOF, the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day of ,.~,}UGUST 1990
,~:.:;:;.)~ ALLIED MLq'UAL iNSURANCE COMPANY
r-..' ";~l
COUNTY' OF POLK ss ~;;~";Z;
On this 03 day of AUGUST , ~'90 , before personally came John F_ Evans, to me known, who, being bv me duly sworn,
pursuant to authority given by the Board of Directors of said corporation and that he h~ stg cd his name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of sand corporation.
5. A. Donning ·
-"'V- S.A. DENNING Notary Public in
..~,~.
,e-, 4-13-92 CERTIFICATE
[. the undersigned, Secretary of ALLIED ,Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3,
5, 6 and 7 of Article IX of the By-La~vs of the Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seat of the company
this 22rid day of Oclzobez' ,':-~ ......"?~} ~.. ~d.=~
, 19 90
This Poer of Attorney expires ~:~:"'~ Secretary
007Z6 08103193
Bd I (06-89) 00
FAITHFUL PERFORMANCE BOND
County of Riverside, State of California
(Government Code Section 66499.1)
FOR: Streets & Drainage
Water System
Sewer System
180,000.00
47,000.00
35,500.00
Tract No. 23371-2
Parcel Map No.
Bond No. Bd7900 534980
Premium $1,838.00
Surety ~!.LIED Mutual Insurance C_cmpany Principal Margarita Village Development Co.
Address P.O. Box 1820 Address
City La Mesa, CA City
Zip Code 92044 Zip Code
WHEREAS, The County of Riverside, State of California, and
Buie Rancho California, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a
ltd. Dart. ) a ~oint venture dba Maraarita Villaae Develoement CamPany
(hereinafter designated as "principal") have entered into, or are
about to enter into the attached agreement(s) whereby principal
agrees to install and complete the above-designated public
improvements, relating to (Tract/Parcel) Map Number 23371-2 ,
which agreement(s) is/are hereby referred to and made a part hereof;
and,
WHEREAS, said principal is required under the terms of said
agreement(s) to furnish bond(s) for the faithful performance of said
agreement ( s );
NOW, THEREFORE, we the principal, and ALLIED Mutual Insurance
Company , as surety, are held and firmly bound
unto the Count of Riverside, in the penal sum of Two Hundred Sixty Two
Thousand Five Hunted & no/100 Dollars ($262,500.00 )
lawful money of ~he United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these
presents.
The condition of t/lis obligation is such that if the above
bonded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as
therein provided, on his or their part, to be kept and performed at
the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and
save harmless the County of Riverside, its officers, agents and
employees, as therein stipulated, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to
the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by County in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its
obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of
the agreement or to the work or to the specifications. Surety
further stipulates an~ agrees that the provisions of Section 2845 of
the Civil Code are not a condition precedent to Surety's obligations
hereunder and are hereby waived by Surety.
~en the work covered by the agreement is complete, the County
of Riverside will accept the work and thereupon the amount of the
obligation of this bond is reduced by 90% with the remaining 10%
held as security for the one-year maintenance period provided for in
the agreement(s).
IN WITNESS WHEREOF, this instrument has been duly executed by
the principal and surety above named on October 19 , 19 90 .
NAME OF PRINCIPAL: Buie Rancho California Ltd. (a ltd. part. ) & Nevada Rancho
~li6znia L~. (a 1~. pert.) a joint~rmure'a~ M~'m~lla? ~e~l~ ~.
By: 8uie-Rancho California, Ltd., a California limitM Mrtnership
AUTHORIZED SIGNATU~(S): ~e
By T~ Buie Cormration, a California cot ration, General Partner
-/
/
.. .. President
' ' ' ~ Title Assistant Secretary
_iiF CORP ~TION AFFIX SEAL)
NAME OF SUETY: ~.~ )~~ '
AUTHORIZED SIGNATURE: _
t ct Title
~ith E. Clents (IF CORPO~TION, AFFIX SEAL){
ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND
ATTORNEY- IN- FACT.
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
SS.
Count,/of )
On this day of
a notary public, personally appeared
in the year
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
., before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
Ss.
County of ) PARTNERSHIP
On this day of in the year __.,before me
a notary public. personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
$S.
County of ) CORPORATION
On this day at in the year .. before me ,
a notary public, personally appeared
personajly known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
insn'ument as Q president, Q secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above wdtten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
Count,/of Sa.n D'iego ) CORPORATION
On this 19th day of October in the year 1990 , before me Sherry' Hof~ma_fl.
a notary public, personally appeared Kei th ~. Clernent,~
personally known to me, or proved to me on the basis of sal~sfactory evidence, to be the person who executed the within
instrument as attorney-in-tact on t3ehalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and
acknowledged to me that the corporation executed it.
Witness my hand and official seal on the day and year above whiten.
L. ~ OFFICIAL SEAL ~ ~~~/.~~
BLIC - CALIFORNIA ~
PRINCIPAL C/:FtCE IN ~
, SAN OIE[GO COUNI'f ~
~ My C~mmt..'.~8~ E~D. Aul 28. }992 ~
B<3 294 (1-67,~ ~_- ................... ,
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
OFRCLAL SEAL
MAr~LA C. HANSON
Notc,~, Putol~c-Ctwifornia
SAN DIEGO COUNTY
My Cm ExDIres
June 24. 1q94
NOTARY PUBLIC
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized
under tile laws of the State or Iowa, with its principal office in the City of Des Moines, Iowa. heroinafter called °Company',
does hereby make. constitute and appoint XEITH E. CLE.'%IENTS STEVEN w. DOBSON'
SI-{ERRY HOFF.'XlAN ELIZABETH H. WOOD MICHAEL W. THO.%IAS
LA MESA, CA
each in his individual capacity. its true and la~vfu[ Attorney-ln-Fact with full power and authority to sign, seal, and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaraq-
teeing the payment or principal and interest or notes, mortgage bonds and mortgages) in penalties not exceeding the sum of
( S 4,0o0,0o0.0n )
and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued
by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by
Attorney(s)-In-Fact appointed by the President, or by a Vice President.'
'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s)-In-Fact to act on behalf of the Corporauon in the execution of bonds. undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by the:r signature and execution of any such instru-
ment The appointment of such Attorney(s)-ln-Fact shall be accomplished by Powers or Attorney signed by the President, or a Vice Pres-
ident
This Po~ver of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and bmding on the Corporauon; and to certify that any bond. undertaking, or obligatory rostrumeat of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporauon, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President'
'Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation or any bond, undertaking, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporauon by the President, or
Vice President, or Attorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the
Corporauon appointing Attorney(s)-ln-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Ass,slant
Secretary, as heroinabove in Sect,on 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the
person authorized to sign such instrument may affix the corporate seal, and a face:mile corporate seal affixed to any such instrument shall
be as effective and bedlag as the original seal.'
'Sect:on 6. A facsimile signature of the President. or of a Vice President, affuxed to any bond. undertaking. or obligatory instrument
of similar nature, other than policies and endorsemenu, or to a Power of Attorney s~gned by such President, or a Vice President. as heroin
in Sections 2 and 3 provided, or a facsu'nile s~gnature of the Secretary, or of an Assistant Secretary to any ceru~cate as heroin in Sect,on
provided. shall be effective and binding upon the Corporation with'the same force and effect as the original signatures of any such o~cers.'
'Section 7. A facszmile signature of a former o/ricer shall be of the same validity as that of an exasUng officer. when affixed to any
policy or endorsement, any bond or undertaking. any Power of Attorney or certificate. as heroin in Section 1, 2, 3 and 4 provided.'
IN WITNESS WHEREOF. the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day of =~UGUST 1990
~.~;.;;.,% ALLIED MUTUAL INSURANCE COMPANY
d Z:" ":.~)
STATE OF IO~VA ~;~.S....E.~.,.j;'~ By: ~Ctx~ ' President
COUNTY OF POLK ss
On this 03 ay of AUGUST ,I~'90, before personally came John E. Evans, to me known, who. being by me duly sworn,
pursuant to authority given by the Board of D,rectors of said corporation and that he has s~g ed his name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of said corporation.
S. A. Denning
,-"',':, S.A. DENNING Notary Public in a
i ~ ~, ~Y CeuutSS,ON ~X~,.~S
":"'~' 4-13-92
,,-, CERTIFICATE
1, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the
State of Iowa. do hereby certify' that tile foregoing Power of Attorney is still in force. and Further certify' fitat Section 2, 3.
5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company
this 19th day of October ,19 90 .....
This Power of Attorney expires ~'~:;:'~j,; ~ Sccrctary
00726 08/03~93
Bd I (06-89) 00
MATERIAL AND LABOR BOND
County of Riverside
State of California
(Covernmen= Code Section 66499.1)
FOR:
Streets & Drainage $90.000.00
Water System $23,500.00
Sewer System $17,750.00
Tract No. 23371-2
Parcel Map. No.
Bond No. Bd 7900 534980
Premium INCLUDED
Surety ALLIED Mutual Insurance Company Principal Margarita Village Development Co.
Address P.O. Box 1820 Address
City La Masa, CA 92044 City
WHEREAS, the County of Riverside, State of California, and'
Buie Rancho California, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a
ltd. oart. ) a joint venture dba M~rg~rit~ Vi]]~ e Develo~rent Company ,
(hereinafter designated as "principal")~ave entered into, or are about
to enter into, the attached agreement(s) whereby principal agrees to
install and complete t~he above designated public improvements relating to
(Tract/Parcel) Map No. 23371-2 , which agreement(s) is/are hereby
referred to and made a part hereof; and,
WHEREAS, under th& terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient
payment bond with the County of Riverside to secure the claims to which
reference is made in Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety,
are held firmly bound unto the County of Riverside and all contractors,
subcontractors,'laborers, material persons and other persons employed in
the performance of the aforesaid agreement and referred to in the
aforesaid Civil Code in the sum of One Hundred ThirtyOneThousandTwoHundred
Fiftyand no/100 Dollars ($131,250.00 ) for materials
furnished or labor thereon of any kind, or for amounts due under the
Unemployment insurance Act with respect to such work or labor, that said
surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond,
will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by
County in successfully enforcing such obligation, to be awarded and fixed
by the court, and to be taxes as costs and to be included in the judgment
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure
to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code, so as to give a right of action
to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this
obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
The surety hereby stipulated and agrees that no change, extension of
time, alteration or addition to the terms of the agreement or the
specifications accompanying the same shall in any manner affect its
obligation on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition. Surety further stipulates and
agrees that the provisions of Section 2845 of the Civil Code are not a
condition precedent to the surety's obligations hereunder and are hereby
waived by surety.
I~] WITNESS WHEREOF, this instrument has been duly executed by the
principal and surety above named, on October l9 , 1990 ·
NAME OF PRINCIPAL: Baie~mbo~]~fo~daL~.(a iN. pert.)&~F~boC~LifonD/a
Ltd. (a ltd. part.) a joint ~mn~e doa M~ta Vil la?~. Ds~51uJ,~lL ~
By: 8uie-Rancho California, Ltd., a California limit~ ~rtnership
AUTHORIZED SIGNATU~(S): By The Suie ~r~ration, a California cor~ration, General Partner
NAME OF SURETY:
AUTHORIZED SIGNATURE:
/~. ..f" Title Vice
· / t ' Title
President
( F CORPORATION,
ALLIED Muj~2
ITS
Keith E. Clements
Assistant
Secretary
AFFIX SEAL)
Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURE OF PRINCIPAL
~qD ATTORNEY-IN-FACT.
2
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
SS.
County of )
On this day of
a notary public, personally appeared
in the year __
CERTIFICATE OF ACKNOWLEDGEMENT
INDIVIDUALS
, before me
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above wntten.
(SEAL)
NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) PARTNERSHIP
On this day of in the year ~., before me ,
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf ot the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL)
NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
County of ) CORPORATION
On this day of in the year __, before me
a notary public, personally apOeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person wl~o executed the within
instrument as F"i president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above written.
(SEAL)
NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS,
County of San DieGo ) CORPORATION
1990 She. L:y' Hoffman
Om this 19th day o~ October im the year before me
a notary pul31ic, personally appeared Kei th F:..
personally known to me. or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as attorney-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY. the corporation therein named. and
acknowledged to me that the corporation executed it.
Witness my hand and official seal on the d~_..~.,.y.E~d ,(ear above whiten.
4 SHERRY HOFFMAN
{_ NOT RNIA
~ ~N DIEGO C~N~
( h ~,~ E=D.
8d 2~ (I-8~ 04
NOTARY PUBUC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Rober~ A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
vice President, and Sheryl A. Mercado ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
OFRCtAL SF, AL '
MARIA C. HANSON '
Notc~ry Pulmllc-C~ifornta '
SAN DIEGO COUNTY '
My Cornn-isskm F,x~'e,s ',
J~. 24° ,~ .
NOTARY PUBLIC
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized
under the [a~vs of the State or Iowa. with its principal offce in the City of Des Moines. Iowa. heroinafter called 'Company',
does hereby make. constitute and appoint KEITH E. CLE.MENTS STE%'EN w. DOBSON
~HERRY HOFFMAN ELIZABETH H. WOOD MICHAEL W. THO,'~IAS
LA .,~IESA, CA
each in his individual capacity, its true and la~vful Attorney-ln-Fact with full power and authority to sign. seal. and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teelag the payment of principal and interest of notes. mortgage bonds and mortgages) in penalties not exceeding the sum of
( S 4,000,000.00 )
and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized
offcore of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By.-Laws duly adopted by the
Board of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature. other than policies and endorsements. issued
by the Corporation shall be validly executed and binding on the Corporation when sxgned by the President, or a Vice President, or by
Attorney(el-In-Fact appointed by the President, or by a Vice President.'
'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation. or other persons, as
Attorney(el-In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar
nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru-
ment. The appoinLment of such Attorney(el-in-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other
than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid ~nd binding obligation of the
Corporauon, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President.'
'Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond. undertaklng, or
obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a
Vice President. or Attorney(el-In-Fact appointed by the President. or a Vice President. or any Power of Attorney executed on behalf of the
Corporation appointing Attorney(s)-ln-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant
Secretary, as heremabove in Section 2. 3, and 4 of this Article provided. that the corporate seal be affixed to any such instrument but the
person authorized to sign such instrument may afTix the corporate seal, and a facsimile corporate seal affbted to any such instrument shall
be ~s effective and binding as the original seaL'
'Section 6. A Faceitalic signature of the President, or of a Vice PresidenL atT~xed to any bond, undertaking, or obligatory instrument
of simil~ nature, other than policies and endorsemenu, or to a Power of Attorney signed by such President, or a Vice PresidenL ~s herera
in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certfficste
provided, shall be effective and binding upon the Corporation with'the same force and effect as the original signatures of any such oMcers.'
'Secuon 7. A Facsimile signature of a Former oMcer shall be of the same validity as that of an existing o~cer, when at'Exed to any
policy or endorscment, any bond or underta.kmg, any Power of Attorney or certificate, as herein in Secuon I, 2, 3 and 4 provided.'
IN WITNESS \VHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto a~xed Lhis 03 day of t~UGUST 1990
,.T.~i:":'~ ALLIED MUTUAL INSURANCE COMPANY
· ~3" ";'~
STATE OF IO~,VA ~:~F_g.._..:''':a~ By: ~~ ~X~"iJ~,4~' President
COUNq'Y OF POLK ss ~':.:7~'.~
On this 03 day of AUGUST .~V90 , before !~rsonally came John F_ Evans, to me known, who, being by me duly sworn,
pursuant to authority given by the Board of Directors of said corporation and that he has slg cd his name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of said corporauon. 2~f~or~v
S. A. Denning
.,":':- S.A. DENNING Notary Public in a
~ ~ ~, uv couu,sslo~
z..,~- ,s.-13-92 CERTIFICATE
I. the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the
State of iowa. do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Sect.ion 2, 3, 4,
5, 6 and 7 of Article [X of the By-Laws of the Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, [
have subscribed mv name and affixed thee seal of the cornpan
this 19th day of October
This Power of Attorne,' expir,s '~:~:::"'~; Secretary
00726 08/03/93
gd I (06-89) 00
Insurance
BOND RIDER NO.
1
To be attached to and form a part of Bond No. Bd 7900 534980 dated
the 19th day of October. 1990 issued by ALLIED Mutual Insurance Company,
Des Moines, Iowa, as Surety in favor of The County of Riverside as
Obligee, and with Buie Rancho California Ltd. (a ltd. part.) & Nevada
Rancho California Ltd. (a ltd. part.) a joint venture dba Marcarita
Village Development Company as Principal.
Now therefore, it is hereby agreed by the Principal and the Surety
that the bond be amended as follows:
The name of the Obligee is amended from: County of Riverside
to: City of Temecula
Provided, however, that the said bond shall be subject to all its
agreements, limitations and conditions except as herein expressly
modified.
This rider shall become effective as of the 19th day of October. 1990.
Signed, sealed and dated this 22nd day of October, 1990.
Bd 20 (7-78) 00
Buie Rancho California Ltd. &
Nevada Rancho California Ltd. a
it. venture dba Margarita Village
Develo ment Com~~ Partner
The Buie ~orporation, a Ca f rn' corp., General
' .~_~ ' S~'.~~ COMpANyBy: / /
.. ~
STATE OF CALIFORNIA
CERTIFICATES OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss. CERTIFICATE OF ACKNOWLEDGEMENT
County of ) INDIVIDUALS
On this day of in the year before me
a notary public, personally appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are)
subscribed to this instrument, and acknowledged that he, she, or they executed it.
Witness my hand and official seal on the day and year above writ'ten.
(SEAL) NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
ss.
CounW of ) PARTNERSHIP
On this day of in the year __., before me
a notary public, personatly appeared
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru-
ment, on behalf of the partnership and acknowledged to me that the partnership executed it.
Witness my hand and official seal on the day and year above written.
(SEAL)
NOTARY PUBLIC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
CounW of ) CORPORATION
On this day of in the year before me ,
a notary public, personally appeared ,
personally known to me. or proved to me on the basis of satisfactory evidence. to be the person who executed the within
instrument as ~ president. [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo-
ration executed it.
Witness my hand and official seal on the day and year above written.
(SEAL)
NOTARY PUBUC
STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT
SS.
Count,/of SaD Dj, eco ) CORPORATION
On this 22rid day of October in the year 199__0, before me 5'hq HoE:~'~an.
a notary public, personally appeared Keith E. C1F, rr~.nts
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as a~omey-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named. and
acknowledged to me that the corporation executed it.
Witness my hand and official seal on the day__ ~ year above wdtten.
, .-_, ,., - _ _- __._ _ _
i SHERRY HOFFMAN ,
p~thiC'-PAL ~FFICE IN
, SAN OlEGO COUNTY 't ·
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 23rd day of October , 19 90,
before me, Maria C. Hanson , a Notary
Public in and for said state, personally appeared
Robert A. Wyatt , personally known to me.(or
proved to me on the basis of satisfactory evidence) to be the
Vice President and Sheryl A. Mercado
,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Assistant Secretary
of THE BUIE CORPORATION, the corporation that executed the
within instrument and known to me to be the persons who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the general partner
of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that
executed the within instrument, said partnership being known
to me to be one of the general partners of MARGARITA VILLAGE
DEVELOPMENT COMPANY, the general partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner, that such
partnership executed the same as such partnership and that
such partnership executed the same.
WITNESS my hand and official seal.
Notcry Puloltc-Califomla
SAN Ol~ COUNTY
Jule2.4. 1994
NOTARY PUBLIC
Power of Attorney
KNO'sV ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized
under the laws of time State of Iowa. with its principal office in the City of Des ,Moines. Iowa. heroinafter called °Company'.
does hereby make. constitute and appoint KEITH E. CLEMENTS STEVEN w. DOBSO,N
~HERRY HOFF~IAN ELIZABETH H. WOOD MICHAEL W. THO~IAS
LA MESA, CA
each in his individual capacity, its true and la~vful Attorney-ln-Fact with full power and authority to sign. seat. and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran-
teeins the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of
( s 4,000,000.00 )
and to bind tl~e Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con-
firmeal.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the
Board of Directors of the Company.
ART!CLE IX - EXECUTION OF CONTRACTS
"Sectxon 2. Bonds. undertakings. and other obligatory instruments of similar nature, other than policies and endorsements, issued
by the Corporauon shall be validly executed and binding on the Corporation when signed by the President. or a Vice President, or by
Attorney(s)-ln-Fact appointed by the President. or by a Vice President."
'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as
Attorney(s)-ln-Fact to act on behalf of the Corporation in the execuuon of bonds, undertakings, and other obligatory instr'.,ments of similar
nature. other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such ins;ru-
men'.. The appointment of such Attorney(s)-ln-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres-
ident.
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE IX - EXECUTION OF CONTRACTS
'Sectton 4. The Secretary. or an Assistant Secretary. is authoriz~ to certify that any such Power of Attorney so signed shall be
validly executed and binding on the Corporation; and to certify that any bond, undertakmg, or obligatory instrument of similar nature. other
than policies and endorsements. to which this Power or Attorney is attached is and shall continue to be a valid and binding obligation of the
Corporation. according to its terms, when executed by Auorney(s)-ln-Fact appointed by the President or a Vice President.'
'Section 5. It shall not be ne~ssary to the valid execution and binding effect or the Corporation of any bond, undertaking. or
obligatory instrument or similar nature, other than policzes and endorsements. signed on behalf of the Corporation by the Prestdent. or
Vice President. or Attorney(s)-ln-Fact appointed by the President, or a Vic~ President. or any Power of Attorney executed on behalf of the
Corporation appo,nting Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant
Secretary, as heremabove in Section 2.3. and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the
person authorized to sign such mstrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall
be as effective and binding as the original seal.'
'$ecuon 6. A he. simile stgnature of the President, or of a Vice President. afftxed to any bond. undertaking, or obligatory instrument
of similar nature. other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, u herein
in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant So:rotary to any certificate as heroin in Section
provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such oftleers.'
'Section 7. A Facsimile signature of a former officer shall be of the same validity as that of an existing officer. when affixed to any
policy or endorsement. any bond or undertaking, any Power of Attorney or certificate, as heroin in Section 1.2, ] and ~. provided.'
IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to
be hereunto affixed this 03 day oF~$.._,~;..~..;;!~GUST . 19f,0 ! :' i e
d # 9 I t
COUNTY OF POLK ss ~L~:':/
pursuant to authority gtven by the Board of Directors of said corporaUon and that he has 2cf~r~~
sis ed his name thereto pursuant to like author-
ity, and acknowledged the same to be the act and deed of said corporation.
S. A. Denning
-"T"- S.A. DENNING Notary Public in ,a
~/:~ ~, MY COMMISSION EXPIRES '
z..,~.
,e-, ~'13'92 CERTIFICATE
I, the undersigned, Secretary of AL L I ED Mutual Insurance Company. a corporation organized under the laws of the
State of Iowa. do hereby certify that the foregoing Power of Attorney is still in force. and further certify that Section 2, 3,
5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed.thee seal of the company
this 22nd day of October /~C,q~
, 19 90 ,~.:;::.~
This Power of Attorn, yexpires ',~:~C; Secretary
00726 08103/93
Bd I (06-89) 00
ITEM NO. 6
TO:
FROM:
DATE:
SUBJECT:
City Council
City Manager
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
A GENDA REPORT
November 27, 1990
Election of Mayor
PREPARED BY: June S. Greek, Deputy City Clerk
RECOMMENDATION:
calendar year 1991.
Conduct election of Mayor to preside until the end of
BACKGROUND: At the first meeting of the Temecula City Council on
December 1, 1989, you elected the Mayor to preside until the end of calendar year
1990. Therefore, the term of the Mayor elected to serve during 1991 would become
effective on January 8, 1991 at your first meeting of the new year.
Attachment: Minutes of December 1, 1989.
TEMECULA CITY COUNCIL MEETING
FRIDAY, DECEMBER 1, 1989, 7:00 P.M.
Temecula Community Center
28816 Pujol Street
Temecula, CA 92390
PRESENT: J. Sal Munoz )
Ron Parks )
Karel Lindemans )
Pat Birdsall )
Peg Moore )
Councilmembers
Frank Aleshire, City Manager
Jerry M. Patterson & Elizabeth L. Hanna, City Attorneys
Gerald Maloney and Nancy Romero, Acting Deputy City Clerks
The meeting was called to order by County Supervisor Kay Ceniceros.
Invocation was given by the Reverend Steve StruiknLan, Pastor, Rancho California
Church.
Presentation of Colors was by the Boy Scout 'i'roop.
Pledge of Allegiance to the Flag was given by Jimmy Moore, Chairman, City
Committee.
National Anthem was sung by Kevin Walsh, accompanied by Margaret Bird.
The Administration of Oaths of Office to Councilmembers was done by Municipal
Court Judge Arjuna (Vic) Saraydarian.
On motion of Councilman Pat Birdsall, seconded by Councilman ]. Sal Munoz and
duly carried by unanimous vote, IT WAS ORDERED that Councilman Ron Parks is
appointed the Mayor to preside until the end of calendar year 1990.
On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and
duly carried by unanimous vote, IT WAS ORDERED that Councilman Karel Lindemans is
appointed the Mayor Pro Tempore to assume the duties of the Mayor in the Mayor's absence
and who will hold this office until the end of calendar year 1990.
At this time the Mayor and Councilmz~nbers made special remarks and introductions.
The following individuals made presentations:
Ron Sullivan, Field Representative for Senator Bergeson, presented a plaque.
Jimmy Moore
John Shulty presented the Mayor with a gavel.
Pat Birdsall presented the Mayor with a gavel.
RESOLUTION NO. 89-1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING THE CITY CLERK
On motion of Councilman Pat Birdsall, seconded by Councilman J. Sal Munoz and duly
carried, IT WAS ORDERED that the above entitled resolution is adopted by the following
vote, to-wit:
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
RESOLUTION NO. 89-2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING AN INTERIM CITY MANAGER
On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and duly
carried, IT WAS ORDERED that the above entitled resolution is adopted by the fillowing
vote, 'to-wit:
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
RESOLUTION NO. 89-3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING A CITY TREASURER
On motion of Councilman J. Sal Munoz, seconded by Councilman Karel Lindemans and
duly carried, IT WAS ORDERED that the above entitled resolution is adopted by the
following vote, to-wit:
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
RESOLUTION NO. 89-4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING THE CITY ATTORNEY
AND ASSISTANT CITY ATTORNEYS
On motion of Councilman Karel Lindemans, seconded by Councilman Pat Birdsall and
duly carried, IT WAS ORDERED that the above entitled resolution is adopted by the
following vote, to-wit:
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
RESOLUTION NO. 89-5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA REQUESTING CONTINUATION
OF SERVICES BY THE COUNTY OF RIVERSIDE
On motion of Councilman Peg Moore, seconded by Councilman Pat Birdsall and duly
carried, IT WAS ORDERED that the above entitled resolution is adopted by the following
vote, to-wit:
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: -None
Absent: None
On motion of Councilman J. Sal Munoz, seconded by Councilman Karel Lindemans and
duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CIIY OF TEMECULA, CALIFORNIA, ADOPTING
THE RIVERSIDE COUNTY CODE AND OTHER
RELEVANT NON-CODIFIED RIVERSIDE COUNTY
ORDINANCES AS CITY ORDINANCES FOR A
PERIOD OF ONE HUNDRED TWENTY DAYS AND
DECLARING THE URGENCY THEREOF
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman Birdsall, seconded by Councilman Moore and duly
carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, SETTING THE
DATE, TIME AND LOCATION OF CITY COUNCIL
MEETINGS AND OTHER OPERATING PROCEDURES
AND DECLARING THE URGENCY THEREOF
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks Lindemans, Birdsall and Moore
Noes: None
Absent: None
On motion of Councilman Peg Moore, seconded by Councilman ]. Sal Munoz and duly
carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, ESTABLISHING
THE OFFICE OF CITY MANAGER AND DESCRIBING
THE DUTIES THEREOF
AND DECLARING THE URGENCY THEREOF
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and duly
camed, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-4
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, APPOINTING
THE CITY COUNCIL AS THE PLANNING AGENCY
Roll Call resulted as follows:
Ayes:' Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman Peg Moore, seconded by Councilman J. Sal Munoz and duly
carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, IMPOSING A SALES
AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD
OF EQUALIZATION AND PROVIDING
PENALTIES FOR VIOLATIONS
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindernans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman J. Sal Munoz, seconded by Councilman Karel Lindemans and
duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-6
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, ESTABLISHING
A SPECIAL GAS TAX STREET IMPROVEMENT FUND
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman Pat Birdsall, seconded by Councilman Peg Moore and duly
carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-7
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA,. CALIFORNIA, TRANSFERRING
ASSESSMENT AND TAX COLLECTION DUTIES TO
THE COUNTY OF RIVERSIDE ASSESSOR AND
TAX COLLECTOR'
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and duly
carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the
following title, is adopted:
ORDINANCE NO. 89-8
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, ADOPTING
A DOCUMENTARY TRANSFER TAX
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindentans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman J. Sal Munoz, seconded by Councilman Pat Birdsall and duly
carried, IT WAS ORDERED that an ordinance bearing the following title, is approved as
introduced:
ORDINANCE NO. 89-10
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, REQUIRING
THAT THE GENERAL MUNICIPAL ELECTIONS
OF THE CITY OF TEMECULA
BE HELD ON THE SAME DAY AS THE
STATEWIDE GENERAL ELECTION
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
RESOLUTION NO. 89-6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DESIGNATING LOCATIONS
FOR POSTING OF ORDINANCES AND/OR
RESOLUTIONS REQUIRED BY LAW TO BE
PUBLISHED OR POSTED
RESOLUTION NO. 89-7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ESTABLISHING AN ADDRESS
FOR THE RECEIPT OF THE UNITED STATES MAIL
RESOLUTION NO. 89-8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ADOPTING THE
FORM OF THE CITY SEAL
RESOLUTION NO. 89-9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA AUTHORIZING
FILING OF DOCUMENTS WITH STATE AND COUNTY
OFFICES AND OFFICERS
RESOLUTION NO. 89-10
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA REQUESTING
THE CALIFORNIA HIGHWAY PATROL TO CONTINUE
TO PROVIDE TRAFFIC ENFORCEMENT WITHIN THE CITY
RESOLUTION NO. 89-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA PROVIDING
FOR ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION
AND OPERATION OF LOCAL SALES AND USE TAXES, AND
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
STATE BOARD OF EQUALIZATION WITH RESPECT THERETO
RESOLUTION NO. 89-12
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AUTHORIZING THE MAYOR AND CITY CLERK
TO PREPARE, EXECUTE AND FILE THE
STATEMENT OF BOUNDARY CREATION REQUIRED
BY SECTION 54900 OF THE GOVERNMENT CODE OF THE STATE
OF CALIFORNIA AND ORDERING THE UTILIZATION OF THE
REGULAR COUNTY ASSESSMENT ROLE
RESOLUTION NO. 89-13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AUTHORIZING THE
CITY MANAGER TO PURCHASE INSURANCE
On motion of Councilman J. Sal Munoz, seconded by Councilman Pat Birdsall and duly
carried, IT WAS ORDERED that the above entitled resolutions are adopted by the following
vote, to-wit:
Roll Call resulted as follows:
Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore
Noes: None
Absent: None
On motion of Councilman Karel Lindentans, seconded by Councilman 1. Sal Munoz
and duly carried by unanimous vote, IT WAS ORDERED that the Council approves the
Letter to the President of United States Pledging Support in the War on Drugs.
The Mayor declared the City Council meeting adjourned to Tuesday, December 12,
1989 at 7:00 p.m. at 28816 Pujol Street, Temecula, and also adjourned to the meeting of the
Temecula Community Services District.
ATTEST:
Ron Parks, Mayor
Frank Aleshire, City Clerk
ITEM NO. 7
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
A GENDA REPORT
City Council
City Manager
November 27, 1990
Election of Mayor Pro Tempore
PREPARED BY: June S. Greek, Deputy City Clerk
RECOMMENDATION: Conduct election of Mayor Pro Tempore to preside until the
end of calendar year 1991.
BACKGROUND: At the first meeting of the Temecula City Council on
December 1, 1989, you elected the Mayor Pro Tem to preside until the end of
calendar year 1990. Therefore, the term of the Mayor Pro Tem elected to serve
during 1991 would become effective on January 8, 1991 at your first meeting of the
new year.
ITEM NO. 8
APPROVAL
C I TY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Planning Department
November 27, 1990
Plot Plan No. 20
PREPARED BY:
Oliver M~j~ca
RECOMMENDATION:
The Planning Department Staff recommends that the City
Council:
ADOPT the Negative Dec|aration for Plot Plan
No. 20; and
ADOPT Resolution No. 90- approv ing Plot
Plan No. 20; based on the analysis and
findings contained in the Staff Report and
subject to the attached Conditions of
Approval.
APPLICATION INFORMATION
APPLICANT:
Medical Design Concepts
REPRESENTATIVE:
Lusardi Construction Company
PROPOSAL:
Construct a 160,561 square foot industrial building
with 128,345 square feet of warehouse, 26,850
square feet of office space and 5,366 square feet of
manufacturing area on 12.09 acres.
LOCATION:
Business Park Drive, north of Rancho California
Road.
EXISTING ZONING:
M-SC - Manufacturing Service Commercial
STAFFRPT\PP20 1
BACKGROUND:
On November 5, 1990, the Plannin9 Commission
considered the applicant's proposal and has
forwarded a recommendation of approval to the City
Council by a vote of 3-0, with two { 2 )
Commissioners absent. The following changes were
made to the Conditions of Approval:
Change Condition No. 1 by changing 161,800
to 160,561; change 130,800 to 128,345;
change 31,000 to 26,850, and add after office
space "and 5,366 square feet of
manufa~turin9 area"
Change Condition No. 10 by changing 298 to
2~6.
STAFF RECOMMENDATION:
The Planning Department Staff recommends that the
City Council:
ADOPT the Negative Declaration for Plot Plan
No. 20; and
ADOPT Resolution No. 90- approving Plot
Plan No. 20; based on the analysis and
findings contai4~ed in the Staff Report and
subject to the attached Conditions of
Approval.
OM: ks
Attachments:
2.
3.
4.
Exhibits
Resolutien
Conditions of Approval
Planning Commission Staff Reports
I Dated November 5, 1990 )
Plaftnin9 Commission Minutes
I Dated November 5, 1990)
STAFFRPT\PP20 2
· o /
~ \,\ ~
LL
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLOT PLAN NO. 20 TO PERMIT
CONSTRUCTION OF A 160,561 SQUARE FOOT
IN DUSTR I AL BUILDING NORTH OF RANCHO CALl FORNIA
ROAD WEST OF BUSINESS PARK DRIVE AND KNOWN AS
ASSESSOR'S PARCEL NO. 921-020-045.
WHEREAS, Medical Design Concepts filed Plot Plan No. 20 in accordance
with the Riverside County Land Use, Zoning, Planning 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 Planning Commission considered said Plot Plan on
November 5, 1990, at which time interested persons had an opportunity to testify
either in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Plot Plan;
WHEREAS, the City Council conducted a public hearing pertaining to
said Plot Plan on November :27, 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. Findinqs. That the Temecula City Council hereby makes
the following findings:
A. Pursuant to Government Code Section 65360, a newly
incorporated city shall adopt a general plan within thirty (30) months
following incorporation. During that 30-month period of time, the city
is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the
general plan, if all of the following requirements are met:
(1) The city is proceeding in a timely fashion with the
preparation of the general plan.
( 2 ) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
STAFFRPT\PP20 1
(a)
There is a reasonable probability that the
land use or action proposed will be consistent
with the general plan proposal being
considered or studied or which will be
studied within a reasonable time.
(b)
There is little or no probability of substantial
detriment to or interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the
plan.
(c)
The proposed use or action complied with all
other applicable requirements of state law and
local ordinances.
B. The Riverside County General Plan, as amended by the
Southwest Area Community Plan, (hereinafter "SWAP") was adopted
prior to the incorporation of Temecula as the General Plan for the
southwest portion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as
its General Plan guidelines while the City is proceeding in a timely
fashion with the preparation of its General Plan.
C. The proposed 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 approvin9 projects and
taking other actions, including the issuance of building
permits, pursuant to this title, each of the following:
(a)
There is reasonable probability that Plot Plan
No. 20 proposed will be consistent with the
general plan proposal being considered or
studied or which will be studied within a
reasonable time.
(b)
There is little or no probability of substantial
detriment to or interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the
plan.
(c)
The proposed use or action complies with all
other applicable requirements of state law and
local ordinances.
STAFFRPT\PP20 2
D. Pursuant to Section 18.30(c), no plot plan may be
approved unless the followin9 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
surroundin9 property. More specifically:
The site is suitable to accommodate the proposed
land use in terms of the size and shape of the lot
configuration, circulation patterns, access, and
intensity of use.
(2)
The project as designed and conditioned will not
adversely affect the public health or welfare.
(3)
The project is compatible with surrounding land
uses. The harmony in scale, bulk, height,
intensity, and coverage creates a compatible
physical relationship with adjoining properties.
(4)
The proposal will not have an adverse effect on
surroundin9 property, because it does not
represent a significant change to the present or
planned land use of the area.
(5)
The project has acceptable access to a dedicated
right-of-way which is open to, and useable by,
vehicular traffic.
(6)
The project as designed and conditioned will not
adversely affect the built or natural environment as
determined in the expanded initial study performed
for this project.
(7)
The design of the project and the type of
improvements are such that they are not in conflict
with easements for access through or use of the
property within the proposed project.
STAFFRPT\PP20 3
F. That said findings are supported by minutes, maps,
exhibits and environmental documents associated with these applications
and herein incorporated by reference.
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 granted.
SECTION 3. Conditions.
That the City of Temecula City Council hereby approves Plot Plan No.
20 for the operation and construction of 160,561 square foot industrial building north
of Rancho California Raod west of Business Park Drive subject to the following
conditions:
A. Exhibit A, attached hereto.
SECTION 4. The City Clerk shall certify the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 27th day of November, 1990.
RONALD J. 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
27th day of November, 1990 by the following vote of the Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
JUNE S. GREEK
DEPUTY CITY CLERK
STAFFRPT\PP20 4
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. 20.
DATED: By
Name
Title
STAFFRPT\PP20 5
CITY OF TEMECULA
PLANNING DEPARTMENT
CONDITIONS OF APPROVAL
Plot Plan No. 20
City Council Approval Date:
Expiration Date:
Planninq Department
The use hereby permitted by this plot plan is for construction of a 160,561
square foot industrial building with 128,345 square feet of warehouse and
26,850 square feet of office space and 5,366 square feet of manufacturing area
on 12.09 acres.
The permittee shall defend, indemnify, and hold harmless the City of
Temecula, its agents, officers, and employees from any claims, 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 Plot Plan
No. 20. The City of Temecula will promptly notify the permittee 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 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 City of Temecula.
This approval shall be used within two (2) years of approval date; otherwise,
it shall become null and void. 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· This approval shall
expire on November 5, 1992.
The development of the premises shall conform substantially with that as
shown on Plot Plan No. 20 marked Exhibit A, or as amended by these
conditions.
In the event the use hereby permitted ceases operation for a period of one ( 1 )
year or more, this approval shall become null and void.
Any outside lighting shall be hooded and directed so as not to shine directly
upon adjoining property or public rights-of-way, and shall comply with
Ordinance No. 655.
The applicant shall comply with the Engineering Department's Conditions of
Approval which are included herein.
STAFFRPT\PP20 1
10.
11.
12.
All landscaped areas shall be planted in accordance with approve~ landscape,
irrigation and shadin9 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. Plantin9 within ten 110) feet of an
entry or exit driveway shall not be permitted to 9row higher than thirty (30)
inches.
Prior to the issuance of grading or buildin9 permits, three 13) copies. of a
Park in9, Landscapin9, I rri9ation, and 5hadLn9 Plans shall be submitted to the
Plannin9 Department of approval. The location, number, genus, species, and
container size of the plants shall be shown. Plans shall meet all requirements
of Ordinance No. 3~8, Section 18.12, and shall be accompanied by the
appropriate filin9 fee.
A minimum of 2~6 parking spaces shall be provided in accordance with Section
18.12, Riverside County Ordinance No. 3~8. 2~6 parking spaces shall be
provided as shown on the Approved Exhibit A. The parking area shall be
surfaced with ( aspbaltic concrete paving to a minimum depth of 3 inches on LI
inches of Class I1 base. ) (Amended per Planning Commission 11/5/90. )
A minimum of 5 handicapped parki4~g spaces shall be provided as shown on
Exhibit A. Each parking space reserved for the handicapped shall be
identified by a permanently affixed raflectori zed 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
if 80 inches from the bottom of the sign to the parking space finished grade,
or centered at a minimum height of 36 inches from the parking space finished
grade, ground, or sidewalk. A sign shall also be posted in a conspicuous
place, at each entrance to the off-street parking facility, not less than 17
inches by 22 inches, clearly and conspicuously stating the following:
"Unauthorized vehicles not displaying distinguishing
placards or license plates issued for physically
handicapped persons may be tuwed away at ownePs
expense. Towed vehicles may be reclaimed at
or by telephone n
I n addition to the above requirements, the surface of each parking place shall
have a surface identification sign duplicatin9 the Symbol of Accessibility in
blue paint of at least 3 square feet in size.
Prior to the issuance of a building permit, the applicant shall obtain clearance
and/or permits from the following agencies:
Engineering Department
Envi tonmental Health
Riverside County Flood Control
Fire Department
Written evidence of compliance shall be presented to the Land Use Division of
the Department of Building and Safety.
STAFFRPT\PP20 2
15.
16.
17.
18.
Prior to the issuance of building permits, the following additional plans shall
be submitted for Planning Department approval:
Landscaping, Irrigation, and Shading Plans.
A Plot Plan application for a Sign Program shall be submitted and approved by
the Planning Director prior to occupancy.
Building elevations shall be in substantial conformance with that shown on
Exhibit B.
Materials used in the construction of all buildings shall be in s~bstantial
conformance with that shown on Exhibit B l Color Etev-dtions).
Roof-mounted equipment shall be shielded from grot/nd view. Screening
material shall be subject to Planning Department approval.
This project is located within a Subsidence Report Zone. Prior to issuanc~ of
any building permit by the Temecula Department of Building and Safety, a
California Licensed Structural Engineer shall certify that the intended
structure or building is safe and structuralty integrated. This certification
shall be based upon, but not limited to, the site specific seismic, geologic and
geotechnicai conditions. Where hazard of subsidence or fissure development
is determined to exist, appropriate mitigation measures must be demonstrated.
19.
All utilities, except electrical lines rated 33kv or greater, shall be installed
underground.
20.
All trash enclosures shall be construe:ted prior to the issuance of occupancy
permits. Each enclosure shall be six feat in height and shall be made with
masonry block and a steel gate which screens the bins from external view.
21.
Landscaping pians shal~ incorporate the use of specknon canopy trees-along
streets and within the loaFking areas.
22.
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 approvad by the Planning Director.
23.
Any oak trees removed with four (~1) inch or larger trunk diameters shal4 be
replaced on a ten (10) to one ( 1 ) basis 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 sha~t comply with the requirements of Riverside County Ordinance No.
655.
25.
Ten (10) Class Ill bicycle ra~ks shall be provided in convenient locations as
approved by the Planning Director to facilitate bicycle access to the project
area.
STAFFRPT\PP20
26.
Prior to the issuance of building permits. performance securities. in amounts
to be determined by the Director of Building and Safety to guarantee the
installation of planrings. 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.
27.
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 heatthy and free of
weeds, disease, or pests. The irrigation system shall be properly constructed
and in good working order.
28.
Prior to the issuance ef grading permits andJ or building permit. the developer
or his successor's interest shall submit a mitigation monitoring, program which
shall describe how compliance with required mitigation mires will be met
and the appropriate monitoring timing of the mitigation. The applicant shall
reimburse the City for all monitoring activity cost.
29.
All of the foregoing conditions shall be complied with prior to occupancy or
any use allowed by this permit.
Riverside County Fire Department
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 Jot recognized fire protection
standards:
30.
31.
The Fire Department is required to set a minimum fire flow for the remodel or
construction of ati commercial buildings using the procedure established in
Ordinance 51&6.
Provide or show there exists a water system capable of clelivering 7500 GPM
for a 3 hour duration at 20 PSi residual operating pressure. which must be
available before any combustible material is placed on the job. site.
32.
A combination of on-site and off-site super fire hydrants, on a looped system
16" x 4" x 2 1/2 x 2 1/2), will be located not less than 25 feet or more than 165
feet from any partion of the building as measured along approved vehicular
travelways. The required fire flow shall be available from any adjacent
hydrantIs) in the system.
33.
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.
STAFFRPT\PP20 ~
34.
36.
37.
38.
39.
40.
41.
43.
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: "1 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 shakl be located to the front, within 50 feet of a hydrant, and a
minimum of 25 feet from the buildingt s) . A statement that the buildingis) will
be automatically fire sprink~red must be included on the title page of the
building plans.
Install a supervised wat. erftow monitoring fire alarm system. Plans must be
submitted to the Fire Department for approval prior to installation, as
required by the Uniform Building Code.
A statement that the bu,itding will be automatically fire sprinklered must
appear on the title page of the building plans.
Install panic hardware and exit signs as per Chapter 33 of the Uniform
Building Code. Low-level Exit Signs, where exit signs are required by
Section 33141 a) .
Certain designated areas wilt be required to be maintained as fire lanes.
Install portable fire extinguishers with-a minimum rating of 2A-10BC. Contact
a certified extinguisher company for proper placement of equipment.
Prior to issumr~ce of building permits, the applicant/developer shall be
responsible to submit a check or money order in the amount of $558.00 to the
Riverside CounAcy Fire Department for plan check f~es.
Prior to the issuance of buildirK) permits, the developer shall deposit with the
Riverside County Fire Department, a check or money order equalin9 the sum
of 25 cents per square foot as mitigation for fire protection impacts. This
amount must be submitted separately from the plan check review fee.
Final conditions will be addressed when building plans are reviewed in the
Building and Safety Office.
STAFFRPT\PP20 , 5
Enqineerinq Department
The following are the Engineerin9 Department Conditions of Approval for this
project, and shall be completed at no cost to any Government Agency. All questions
regarding the true meaning of the conditions shall be referred to the Engineering
Department.
It is understood that the Developer correctly shows ati existing easements, traveled
ways, and drainage courses, and their omission may require the pro~ect to be
resubmitted for further consideration.
PRIOR TO ISSUANCE OF GRADING PERMITS:
The developer shall receive written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control District;
City of Temecula Fire Bureau;
Planning Depar*a~aent;
Engineering Department;
Riverside County Health Department; and
CATV Franchise.
The developer shatt provide ciearance from all applicable agencies and pay all
fees prior to the approval of pians.
The developer shatt sul0mit four 14 ) copies of a soils report to the Enghneering
Department. The report shall address the soils stability and geological
conditions of the site.
48.
The developer shall submit four 14) prints of a comprehensive grading plan
to the Eng'meering Department. The plan shell comply with the Uniform
Building Code and Chapter 70 as may be additionally provided for in these
Conditions of Approval. The plan shall be drawn on 2~"x36" mylar by a
Registered Civil Engineer.
A flood mitigation charge shall be paid. The charge shatl equal the prevailing
Area Drainage Plan fee rate multiplied by the area of new development. The
charge is payable to the Flood Control District prior to issuance of permits.
If the full Area Drainage Plan fee or mitigation charge has already credited to
this property, no new charge needs to be paid.
A grading permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-of-
way.
50.
If grading is to take place between the months of October and April, erosion
control plans will be required. Erosion control plans and notes shall be
submitted and approved by the Engineering Department.
STAFFRPT\PP20 6
51.
The developer shall accept and properly dispose of al| off-site drainage
flowing onto or through the site.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
52.
Prior to issuance of a buitding permit, the developer shall deposit with the
Engineering Department a cash sum as established per acre as mi4~gation for
traffic signal impact.
PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY:
53.
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 mitigatior~ 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 shali 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 Ioenefit to the
project in the amount of such fees) and specifically waives its right to protest
such increase.
Transportation Enqineerinq
PRIOR TO ISSUANCE OF BUILDING PERMITS:
A signing and striping plan shaft be designed by a registered Traffic Engineer
and approved by the City Engineer for Business Park Drive to accommodate
a 250 foot left turn lane, plus transitions, at Rancho California Road.
55.
Prior to designing any of the above plans, contact Transportation Engineering
for the design requirements.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS:
56.
All signing and striping shall be installed per the City requirements and the
approved signing and striping plan.
STAFFRPT\PP20 7
-. Notice of Pubic Hearing,
THE CITY OF TEMECULA
43172 Business Park Drive
Temecula, CA 93290
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the
matter(s) described below.
Case No:
Applicant:
Location:
Proposal:
Environmental
Action:
Plot Plan No. 20
Medical Design Concepts
Business Park Drive, North of Rancho California Road
Construct a 160,561 square foot industrial building with
128,345 square feet of warehouse; 26,850 square feet of office;
and 5,366 square feet of manufacturing space on 12.09 acres
Negative Declaration
Any person may submit written comments to the City Council before the hearing(s) or may.
appear and be heard in support of or opposition to the approval of the project(s) at the time of
hearing. If you challenge any of the projects in court, you may be limited to raising only those-
issues you or someone else raised at the pubic hearing(s) described in this notice, or in written-
correspondences delivered to the City Clerk at, or prior to, the pubic hearing(s). The proposed
project application(s) may be viewed at the public information counter, Temecula Planning
Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM.
Questions concerning the project(s) may be addressed to Oliver Mujica, City of Temecula
Planning Department, (714)694-6400.
PLACE OF HEARING
DATE OF HEARING
TIME OF HEARING
Temecula Community Center
28816 Pujol Street
Temecula
Tuesday, November 27. 1990
7:00 PM
PROJECT SITE
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
November 5, 1990
Case No.: Plot Plan No. 20
Prepared By: Oilvet Mujica
Recommendation: 1. Adopt Negative Declaration
2. Approval
APPLICATION INFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCATION:
EXISTING ZONING:
SURROUNDING ZONING:
PROPOSED ZONING:
EXISTING LAND USE:
SURROUNDING LAND USES:
Medical Design Concepts
Lusardi Construction Company
Construct a 161,800 square foot industrial building
with 130,800 square feet of warehouse and 31,000
square feet of office space on 12.09 acres.
Business Park Drive, north of Rancho California
Road.
M-SC (Manufacturing - Service Commercial)
North:
South:
East:
West:
M-SC ( Manufacturing - Service
Commercial )
M-SC (Manufacturing - Service
Commercial )
M-SC (Manufacturing - Service
Commercial )
M-SC { Manufacturing - Service
Commercial )
Not applicable.
Vacant
North:
South:
East:
West:
Vacant
Industrial Office
I ndustrial Office
Vacant
STAFFRPT\PP20 1
PROJECT STATISTICS:
BACKGROUND:
PROJECT DESCRIPTION:
ANALYSIS:
No. of Buildings:
No. of Acres:
Total Square Footage:
No. of Parking Spaces:
Building Height:
1
12.09
161,800
298
30 Feet
Status
Plot Plan No. 20 was submitted to the City of
Temecula on April 27, 1990.
On June 28, 1990, this project was reviewed by the
Preliminary Development Review Committee (Pre-
DRC) in order to informally evaluate the project and
address any possible concerns, as well as
suggesting possible modifications. The comments
by the Pre-DRC included the following:
Traffic Impacts
Hydrology and Inundation
Grading
Landscaping
Habitat Conservation
Subsequent to the Pre-DRC meeting, Staff met with
the applicant to discuss the required supplemental
material in order to address the Pre-DRC's
concerns.
On October 18, 1990, Plot Plan No. 20 was reviewed
by the Formal Development Review Committee; and,
it was determined that the project, as designed, can
be adequately conditioned to mitigate the DRC's
concerns. The DRC has forwarded a
recommendation of approval subject to conditions.
Plot Plan No. 20 is a proposal to develop the 12.09
acre site with a 161,800 square foot industrial
building. The proposed building contains 130,800
square feet of warehouse and 31,000 square feet of
office space. The proposed development has been
designed in accordance with the standards of the M-
SC { Manufacturing - Service Commercial ) zone.
Traffic Impacts
The Transportation Engineering Staff has reviewed
and accepted the findings and mitigation measures
as specified in the Traffic Impact Analysis prepared
for Plot Plan No. 20; and has determined that the
STAFF R PT\PP2 0 2
proposed project will have a minimal impact to the
existing road system and given the proposed
mitigation measures, there will be no adverse
unmitigable significant traffic impacts resulting
from the development of this proposed project.
Hydrology
The Engineering Staff has reviewed and accepted
the drainage study prepared for Plot Plan No. 20;
and has determined that the proposed mitigation
measures (Conditions of Approval) will provide for
no adverse unmitigable significant hydrology
impacts resulting from the development of this
proposed project.
Gradinq and Landform Alteration
The proposed project will alter an existing, fairly
prominent, natural ridgeline with the construction
of manufactured slopes (2:1 and ~%) which reduce
the ridge by approximately twenty 120' ) feet. The
grading involves approximately 31,035 cubic yards
of excavation and approximately 28,907 cubic yards
of fill.
Erosion Control
All graded slopes are proposed to be planted with
Rosea Ice Plant at 12" on centers or another
approved ground cover. 5lopes over 15~ in vertical
height, in addition to ground cover, will be planted
with approved trees, shrubs, or combination
thereof. Shrubs will be planted at 10' on centers
and trees will be planted at 15~ to 20~ on centers.
All slopes will have permanent irrigation systems.
Habitat Conservation
Per Staff~s request, a Stephents Kangaroo Rat
Survey was prepared for Plot Plan No. 20. The
survey concluded that the project site is outside the
boundaries of the K-Rat study areas and that the
project development will have no direct effect on the
species.
Parking
Two hundred, ninety-eight 1298) parking spaces
are provided along the south and east sides of the
STAFFRPT\PP20 3
GENERAL PLAN AND
SWAP CONSISTENCY:
ENVIRONMENTAL
DETERMINATION:
proposed building, which exceeds the required 255
parking spaces under the Development Code
I Section 18.12 ).
Access
Access into the proposed development from Business
Park Drive is provided by an existing private cul-
de-sac 144 feet wide), which has been determined to
be acceptable by the Traffic Engineering Staff.
Pro}ect Desiqn
The proposed project is a tilt-up concrete
structure, which is contemporary in appearance,
and has been designed to feature painted concrete
panels (white and light grey); medium sandblasted
painted concrete panels I medium grey); and black
tinted glass panels.
After reviewing the applicant's exterior elevations,
Staff has determined that the proposed project
design is compatible with the surrounding
neighborhood.
Landscape
Adequate landscapin9 is planned for the site. A
landscape plan will be submitted and approved prior
to the issuance of building permits.
The proposed project is consistent with the SWAP
Land Use Designation of General Light Industrial,
which includes distribution warehouses and similar
industrial uses. In addition, Staff finds it probable
that this project will be consistent with the new
General Plan when it is adopted.
An Initial Study was performed for this project
which determined that although the proposed
project could have a significant effect on the
environment, no significant impact would result to
the natural or built environment in the City because
the mitigation measures described in the Conditions
of Approval have been added to the project, and a
Negative Declaration has been recommended for
adoption.
STAFFRPT\PP20 4
FINDINGS:
There is a reasonable probability that Plot
Plan No. 20 will be consistent with the City's
future General Plan, which will be completed
in a reasonable time and in accordance with
State law.
There is not a likely probability of
substantial detriment to or interference with
the future General Plan, if the proposed use
is ultimately inconsistent with the plan.
The proposed use or action complies with
State planning and zoning laws.
The site is suitable to accommodate the
proposed land use in terms of the size and
shape of the lot configuration, circulation
patterns, access, and intensity of use.
The project as designed and conditioned will
not adversely affect the public health or
welfare.
The project is compatible with surrounding
land uses. The harmony in scale, bulk,
height, intensity, and coverage creates a
compatible physical relationship with
adjoining properties.
10.
The proposal will not have an adverse effect
on surrounding property, because it does not
represent a significant change to the present
or planned land use of the area.
The project has acceptable access to a
dedicated right-d-way which is open to, and
useable by, vehicular traffic.
The project as designed and conditioned will
not adversely affect the built or natural
environment as determined in the expanded
initial study performed for this project.
The design of the project and the type of
improvements are such that they are not in
conflict with easements for access through or
use of the property within the proposed
project.
STAFFRPT\PP20 5
11.
That said findings are supported by minutes,
maps, exhibits and environmental documents
associated with these applications and herein
incorporated by reference.
STAFF RECOMMENDATION:
The Planning Department Staff recommends that the
Planning Commission:
ADOPT the Negative Declaration for
Plot Plan No. 20; and
ADOPT Resolution No. 90-
approving Plot Plan No. 20; based on
the analysis and findings contained in
the Staff Report and subject to the
attached Conditions of Approval.
OM: ks
Attachments:
1. Resolution
2. Conditions of Approval
3. Environmental Assessment
Exhibits
A. Site Plan
B. Exterior Elevations
5. Large Scale Plans
STAFFRPT\PP20 6
RESOLUTION NO. 90-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLOT PLAN NO. 20 TO
CONSTRUCT A 161,800 SQUARE FOOT INDUSTRIAL
BUILDING LOCATED ON BUSINESS PARK DRIVE AND
KNOWN AS ASSESSOR'S PARCEL NO. 921-020-045.
WHEREAS, Medical Design Concepts filed Plot Plan No. 20 in accordance
with the Riverside County Land Use, Zoning, Planning 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 Planning Commission conducted a public hearing
pertaining to said Plot Plan on November 5, 1990, at which time interested persons
had opportunity to testify either in support or opposition to said Plot Plan; and
WHEREAS, the Planning Commission received a copy of the Staff Report
regarding the Plot Plan;
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:
(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:
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.
STAFFRPT\PP20 1
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, (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
meet the requirements set forth in Section 65360 of the Government
Code, to wit:
(1) The City is proceeding in a timely fashion with a
preparation of the general plan.
{2 ) The Planning Commission finds, in approving projects
and taking other actions, including the issuance of
building permits, pursuant to this title, each of the
following:
(a) There is reasonable probability that Plot Plan
No. 20 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
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.
STAFFRPT\PP20 2
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. 20.
DATED: By
Name
Title
STAFFRPT\PP20 ~
~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
surrounding property.
E. As conditioned pursuant to SECTION 3, the Plot Plan
proposed conforms to the logical development of its proposed site, and
Js compatible with the present and future development of the
surrounding property.
SECTION 2. Environmental Compliance.
An Initial Study prepared for this project indicates that although the
proposed project could have a significant impact on the environment, there will not
be a significant effect in this case because the mitigation measures described in the
Conditions of Approval have been added to the project, and a Negative Declaration,
therefore, is hereby granted.
SECTION 3. Conditions.
That the City of Temecula Planning Commission hereby approves Plot
Plan No. 20 to construct a 161,800 square foot industrial building located on
Business Park Drive and known as Assessor's Parcel No. 921-020-045 subject to the
following conditions:
A. Exhibit A, attached hereto.
SECTION 4. The City Clerk shall certify the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of November, 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 5th day of November, 1990 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
STAFFRPT\PP20 3
CITY OF TEMECULA
PLANNING DEPARTMENT
CONDITIONS OF APPROVAL
Plot Plan No. 20
Planning Commission Approval Date:
Expiration Date:
Planninq Department
The use hereby permitted by this plot plan is for construction of a 161,800
square foot industrial building with 130,800 square feet of warehouse and
31,000 square feet of office space on 12.09 acres.
The permittee shall defend, indemnify, and hold harmless the City of
Temecula, its agents, officers, and employees from any claims, 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 Plot Plan
No. 20. The City of Temecula will promptly notify the permittee 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 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 City of Temecula.
This approval shall be used within two 12 ) years of approval date; otherwise,
it shall become null and void. 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. This approval shall
expire on November 5, 1992.
The development of the premises shall conform substantially with that as
shown on Plot Plan No. 20 marked Exhibit A, or as amended by these
conditions.
In the event the use hereby permitted ceases operation for a period of one ( 1 )
year or more, this approval shall become null and void.
Any outside lighting shall be hooded and directed so as not to shine directly
upon adjoining property or public rights-of-way, and shall comply with
Ordinance No. 655.
The applicant shall comply with the Engineering Department's Conditions of
Approval which are included herein.
STAFFRPT\PP20 1
10.
11.
All landscaped areas shall be planted in accordance with approved landscape,
irrigation and shading plans prior to the issuance of occupancy permits. An
automatic sprinkler system shall be installed and all landscaped areas shall be
maintained in a viable growth condition. Planting within ten (10) feet of an
entry or exit driveway shall not be permitted to grow higher than thirty (30)
inches.
Prior to the issuance of grading or building permits, three (3) copies of a
Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the
Planning Department of 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 the
appropriate filing fee.
A minimum of 298 parking spaces shall be provided in accordance with Section
18.12, Riverside County Ordinance No. 3L18. 298 parking spaces shall be
provided as shown on the Approved Exhibit A. The parking area shall be
surfaced with (asphaitic concrete paving to a minimum depth of 3 inches on ~
inches of Class II base. ) (Decomposed granite compacted to a minimum
thickness of three (3) inches treated with not less than 1/2 gallon per square
yard of penetration coat oil, followed within six months by an app|ication of
1/~ gallon per square yard of seal coat oil. )
A minimum of 5 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 refiectorized 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
if 80 inches from the bottom of the sign to the parking space finished grade,
or centered at a minimum height of 36 inches from the parking space finished
grade, ground, or sidewalk. A sign shall also be posted in a conspicuous
place, at each entrance to the off-street parking facility, not less than 17
inches by 22 inches, 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 telephone "
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.
STAFFRPT\PP20 2
12.
13.
15.
16.
17.
18.
19.
20.
21.
22.
Prior to the issuance of a building permit, the applicant shall obtain clearance
and/or permits from the following agencies:
Engineerin9 Department
Environmental Health
Riverside County Flood Control
Fire Department
Written evidence of compliance shall be presented to the Land Use Division of
the Department of Building and Safety.
Prior to the issuance of building permits, the following additional plans shall
be submitted for Planning Department approval:
Landscaping, Irrigation, and Shading Plans.
A Plot Plan application for a Sign Program shall be submitted and approved by
the Planning Director prior to occupancy.
Building elevations shall be in substantial conformance with that shown on
Exhibit B.
Materials used in the construction of all buildings shall be in substantial
conformance with that shown on Exhibit B (Color Elevations).
Roof-mounted equipment shall be shielded from ground view. Screening
material shall be subject to Planning Department approval.
This project is located within a Subsidence Report Zone. Prior to issuance of
any building permit by the Temecula Department of Building and Safety, a
California Licensed Structural Engineer shall certify that the intended
structure or building is safe and structurally integrated. This certification
shall be based upon, but not limited to, the site specific seismic, geologic and
geotechnical conditions. Where hazard of subsidence or fissure development
is determined to exist, appropriate mitigation measures must be demonstrated.
All utilities, except electrical lines rated 33kv or greater, shall be installed
underground.
All trash enclosures 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 steel gate which screens the bins from external view.
Landscaping plans shall incorporate the use of specimen canopy trees along
streets and within the parking areas.
All 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.
STAFFRPT~PP20 3
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.
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.
25.
Ten I10) Class III bicycle racks shall be provided in convenient locations as
approved by the Planning Director to facilitate bicycle access to the project
area,
26.
Prior to the issuance of building permits, performance securities, in amounts
to be determined by the Director of Building and Safety to guarantee the
installation of planrings, 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.
27.
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.
28.
Prior to the issuance of grading permits and/or building permit, the developer
or his successor's interest shall submit a mitigation monitoring program which
shall describe how compliance with required mitigation measures will be met
and the appropriate monitoring timing of the mitigation. The applicant shall
reimburse the City for all monitoring activity cost.
29.
All of the foregoing conditions shall be complied with prior to occupancy or
any use allowed by this permit.
Riverside County Fire Department
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:
3O.
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 5~6.
31.
Provide or show there exists a water system capable of delivering 7500 ISPM
for a 3 hour duration at 20 PSI residual operating pressure, which must be
available before any combustible material is placed on the job site.
STAFFRPT\PP20 ~
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
A combination of on-site and off-site super fire hydrants, on a looped system
{6" x 4" x 2 1/2 x 2 1/2), 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: "1 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 buildingl s) will
be automatically fire sprinklered must be included on the title page of the
building plans.
Install a supervised waterflow monitoring fire alarm system.
submitted to the Fire Department for approval prior to
required by the Uniform Building Code.
Plans must be
installation, as
A statement that the building will be automatically fire sprinklered must
appear on the title page of the building plans.
Install panic hardware and exit signs as per Chapter 33 of the Uniform
Building Code. Low-level Exit Signs, where exit signs are required by
Section 3314la).
Certain designated areas will be required to be maintained as fire lanes.
Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact
a certified extinguisher company for proper placement of equipment.
Prior to issuance of building permits, the applicantJdeveloper shall be
responsible to submit a check or money order in the amount of $558.00 to the
Riverside County Fire Department for plan check fees.
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 25 cents per square foot as mitigation for fire protection impacts. This
amount must be submitted separately from the plan check review fee.
STAFFRPT\PP20 5
Final conditions will be addressed when building plans are reviewed in the
Building and Safety Office.
En.qineerinq Department
The following are the Engineering Department Conditions of Approval for this
project, and shall be completed at no cost to any Government Agency. All questions
regarding the true meaning of the conditions shall be referred to the Engineering
Department.
It is understood that the Developer correctly shows all existing easements, traveled
ways, and drainage courses, and their omission may require the project to be
resubmitted for further consideration.
PRIOR TO ISSUANCE OF GRADING PERMITS:
~. The developer shall receive written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control District;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department; and
CATV Franchise.
The developer shall provide clearance from all applicable agencies and pay all
fees prior to the approval of plans.
Ll6.
The developer shall submit four (L l) copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological
conditions of the site.
LiT.
The developer shall submit four ILl) prints of a comprehensive grading plan
to the Engineerin9 Department. The plan shall comply with the Uniform
Buildin9 Code and Chapter 70 as may be additionally provided for in these
Conditions of Approval. The plan shall be drawn on 2Ll"x36" mylar by a
Ragistered Civil Engineer.
A flood mitigation charge shall be paid. The charge shall equal the prevailing
Area Drainage Plan fee rate multiplied by the area of new development. The
charge is payable to the Flood Control District prior to issuance of permits.
If the full Area Drainage Plan fee or mitigation charge has already credited to
this property, no new charge needs to be paid.
A 9radin9 permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-d-
way.
STAFFRPT\PP20 6
50.
If grading is to take place between the months of October and April, erosion
control plans will be required. Erosion control plans and notes shall be
submitted and approved by the Engineering Department.
51.
The developer shall accept and properly dispose of all off-site drainage
flowing onto or through the site.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
52.
Prior to issuance of a building permit, the developer shall deposit with the
Engineering Department a cash sum as established per acre as mitigation for
traffic signal impact.
PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY:
53.
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 increa6e.
Transportation Enqineerinq
PRIOR TO ISSUANCE OF BUILDING PERMITS:
A signing and striping plan shall be designed by a registered Traffic Engineer
and approved by the City Engineer for Business Park Drive to accommodate
a 250 foot left turn lane, plus transitions, at Rancho California Road.
55.
Prior to designing any of the above plans, contact Transportation Engineering
for the design requirements.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS:
56.
All signing and striping shall be installed per the City requirements and the
approved signing and striping plan.
STAFFRPT\PP20 7
II
CITY OF TEMECULA
PLANNING DEPARTMENT
INITIAL ENVIRONMENTAL STUDY
Backqround
1. Name of Proponent:
2. Address and Phone
Number of Proponent:
Date of Environmental
Assessment:
Agency Requiring
Assessment:
Name of Proposal,
if applicable:
Location of Proposal:
Environmental Impacts
Medical Desiqn Concepts
~3225 Business Park Drive
Temecula, CA 92390
(71~) 699-4400
October 19, 1990
CITY OF TEMECULA
Plot Plan No. 20
Property next to ~3225
Business Park Drive
( Explanations of all 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?
X
be
Disruptions, displacements, compac-
tion or overcovering of the soil?
X
Substantial change in topography
or ground surface relief features?
X
The destruction, covering or modi-
fication of any unique geologic or
physical features?
X
e®
Any substantial increase in wind or
water erosion of soils, either on
or off site?
X
STAFFRPT\PP20 1
Yes Maybe No
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, mudslides,
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?
Ce
Alteration of air movement,
moisture, or temperature, or any
change in climate, whether locally
or regionally?
Water· Will the proposal result in:
Substantial changes in currents, or
the course or direction of water
movements, in either marine or
fresh waters?
be
Substantial changes in absorption
rates, drainage patterns, or the
rate and amount of surface runoff?
Ce
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 or ground waters?
X
X
X
X
X
X
X
X
X
X
STAFFRPT\PP20 2
Yes Maybe No
Plant
a.
Ce
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?
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:
ae
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?
X
X
X
X
X
X
X
X
X
X
STAFFRPT\PP20 3
Yes Maybe No
10.
11.
12.
13.
Noise. Will the proposal result in:
a. Increases in existing noise levels?
Exposure of people to severe noise
levets?
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:
Substantial increase in the rate of
use of any natural resources?
be
Substantial depletion of any non-
renewable natural resource?
Risk of Upset. Will the proposal
involve:
A risk of an explosion or the release
of hazardous substances (including,
but not limited to, oil, pesticicles,
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. Will the proposal affect
existing housing or create a demand for
additional housing?
Transportation/Circulation. Will the
proposal result in:
Ceneration of substantial additional
vehicular movement?
X
X
X
X
X
X
X
X
X
STAFFRPT\PP20 4
Yes Maybe No
15.
16.
Effects on existing parking facili-
ties, or demand for new parking?
Ce
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?
fe
Increase in traffic hazards to motor
vehicles, b/cyclists 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?
Maintenance of public facilities,
including roads?
f. Other 9overnmental services:
Energy. Will the proposal result in:
Use of substantial amounts of fuel
or energy?
be
Substantial increase in demand
upon existing sources of energy,
or require the development of new
sources of energy?
Utilities. Will the proposal result in
a need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
X
X
X
X
X
X
X
X
X
X
X
X
STAFFRPT\PP20 5
Yes Maybe No
17.
18.
19.
20.
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?
Cultural Resources.
ae
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?
X
X
X
X
X
X
X
X
X
X
X
X
X
STAFFRPT\PP20 6
Yes Maybe No
21.
Mandatory Findings of Significance.
ae
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 CalifoFnia
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? {A pt-oject'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?
X
X
X
X
STAFFRPT\PP20 7
I II Discussion of the Environmental Evaluation
Earth
1.b.
1.C.
1.d.
1.e.
1.f.
1.g.
Air
2.a.
2.b-c.
No. Although the proposed project will result in cut and fill slopes
there will not be changes in the base geologic substructures. The
slopes shall be manufactured and compacted per the Engineer's
requirements and as a result should not result in unstable earth
conditions.
Yes. All development disrupts the soil profile to some degree and
results in soil displacement, compaction and overcovering. Further
analysis will determine if additional mitigations are required.
Yes. Development of the proposed project will require substantial
grading and as a result will alter the existing topography. On the
northwestern portion of the site is a small hill that will have to be
graded.
No. There are no unique geologic or physical features on the site.
Yes. Wind and water erosion potentials will increase during the
construction phase and remain high until disturbed areas are
replanted. The wind erosion impact is considered high and significant
but will be mitigated through minimal grading, retention of natural
vegetation whenever feasible, and use of watering trucks and hydro-
seeding disturbed areas after grading.
No. There is no body of water near the project site which could be
affected by the proposed project.
Yes. The project site is located within a liquefaction and fault hazard
zone area according to the Riverside County General Plan Geologic
Hazard Map. A geologic report for the project should address these
potential issues.
Maybe. Depending upon the amount of traffic generated by the project,
an increase in carbon monoxide and particulate emissions will occur.
This impact is not considered significant since the air emissions from
this project is only an incremental impact to the area's air quality.
No. The proposed project should not create any objectionable odors or
alter the area's climate.
STAFFRPT\PP20 8
Water
3.a,d-e.
3.b-c,g.
3.f.
3.h.
3.i.
Plant Life
4.a-d.
Animal Life
5.a-c.
Noise
6.8.
6.b.
No. The proposed project will not affect any body of water. The
closest body of water to the site is Murrieta Creek which is
approximately one-half mile away.
No. The proposed project will increase the amount of impermeable
surfaces on the site which will reduce the amount of water absorption.
However, the introduction of irrigation to the site will be offset the
water absorption rate. Drainage patterns will continue to flow to the
streets and channels.
No. The proposed project will not interfere with the direction or rate
of flow of ground waters.
No. The proposed project will not affect the public water supply or
system.
No. According to the Riverside County General Plan Flood Hazard Map
the subject site is not within a hazard zone.
No. Although the development of the site will remove any of the plant
species that currently exist on the site, no unique, rare or endangered
species should be affected. New species of plants will be introduced to
the site as part of the landscape requirements for the project. The
addition of the new species is not considered a negative impact. It is
not clear by the plot plan if the existing Eucalyptus trees on the site
will remain. Due to their maturity, as many should be retained as
possible.
The site is not currently used for agricultural purposes.
No. The proposed project is in an area that has been experiencing
urbanization for a number of years. It is anticipated that the only
animal life on or in the vicinity of the site includes squirrels, rabbits,
lizards and other animals common to the area. It is highly unlikely that
an endangered specie habitates the site.
Yes. On-site noise levels will increase temporarily during
construction. Long-term noise impacts will occur due to increased
traffic volumes. This impact is not considered to be significant since
the surrounding land uses are not noise sensitive.
No. Severe noise will not be generated by the proposed project.
STAFFRPT\PP20 9
Liqht and Glare
Maybe. The proposed project is located within the Mt. Palomar
Observatory Street Lighting Policy Area which recommends the use of
low pressure sodium vapor (LPSV) lights to help avoid interference
with the Mr. Palomar telescope known as "skyglow". The use of LPSV
lights will reduce the light and glare produced by the proposed project.
Land Use
No. The Southwest Area Plan designates the subject site for General
Light Industrial.
Natural Resources
9.a-b.
No. The proposed use will not increase the consumption rate of any
natural or non-renewable natural resources.
Risk of Upset
10.a-b.
No. The proposed use will not require the use of any hazardous
substances. During construction it should not be necessary to close
any streets which would interfere with emergency vehicles.
Population
11.
No. The proposed 161,800 square foot industrial building will generate
some jobs but not a significant amount to alter the area~s population.
Housinq
12.
No. The proposed 161,800 square foot industrial building will not
generate a significant number of jobs to create a demand for additional
housing.
Transportation/Circulation
13.a,c.
Maybe. The proposed project will generate additional traffic to and
from the site. However, it is not anticipated that this increase will be
significant. The traffic that is generated by the project may add an
incremental impact to the Rancho California Road/I-15 interchange
which is currently operating at capacity during peak hours. This
potential impact should be evaluated.
1B.b.
Yes. The proposed project will require parking to support the use.
Based on 31,000 square feet of office space and 130,800 square feet of
warehousing, the project will need 255 parking spaces. The proposed
plan illustrates 252 spaces. Seven loading spaces are required to
service the building and are provided.
STAFFRPT~PP20 10
13.d-f.
No. The proposed project will not affect the current circulation of
goods and people. It should not increase traffic hazards to mater
vehicles, bicyclists or pedestrians.
Public Services
14.a,b.e.
Yes. The proposed industrial use will require public services in the
areas of police, fire and maintenance of roads and public facilities.
This impact is not considered significant. The incremental impact
should be evaluated and the appropriate fees assessed. Property taxes
should mitigate the impact and continuing need for services over the
long term.
14.c,d,f.
No. The project should not have a substantial effect on these public
services.
Enerqy
15.a,b.
No. The proposed project will not result in the substantial use or
increase in demand of fuel or energy.
Utilities
16.a-f.
No. The proposed project requires the use of utilities but will not
require substantial alteration to the existing systems.
Human Health
17.a,b.
Maybe. If hazardous substances are stored in the warehouse then that
may create a potential health hazard. If hazardous materials will be
warehoused at the site, a plan for their use and disposal should be
submitted.
Aesthetics
18.
No. The proposed project will not obstruct any scenic vista open to the
public. The elevations of the proposed project are consistent in
architectural materials as the surrounding buildings.
Recreation
19.
No. The subject site is not currently used for recreational uses.
STAFFRPT\PP20 11
Cultural Resources
20.a-d.
No. The subject site has previously been mass graded and it is unlikely
that the project will result in the destruction of a prehistoric or historic
archaeological site. If a site is discovered, an archaeologist or
paleontologist should be called on site to supervise the digging and
determine if the site is significant. The proposed project will not
impact any building of historic significance, affect unique ethnic
cultural values or restrict sacred uses.
Mandatory Findinqs of Siqnificance
21 .a-c.
No. The proposed project will
environment, have long term
considerable cumulative impacts.
not significantly
environmental
affect the natural
impacts or have
21 .d.
Maybe. If the proposed use warehouses hazardous materials, the
project may cause a health hazard to human beings and wildlife. If
hazardous materials are to be warehoused at the project, a plan for
their use and disposal should be developed and approved by the City.
STAFFRPT\PP20 12
ENVIRONMENTAL DETERMINATION
On the basis of this initial evaluation:
~ 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-
ficant effect on 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
an RONMENTAL IMPACT R PORT is
the environment, and ENVI
required.
October 19, 1990
Date Y~OF
For CIT TEMEC6LA
X
STAFFRPT\PP20 13
::
_'11
/,.
PLANNING COMMISSION MINUTES
NOVEMBER 5# 1990
ORGE WALKER, Davidson Communities, 12520 High Bi
D ' e, San Diego, applicant advised the Commissi that
the ea in question went nowhere and provided o4 ing
for th roject. He stated that this area was ar' of an
existing lope on the property line of lots and 68 and
would be u d as a maintenance area only.
that they could fe ce it along the ~ side of the slope.
the applicant Quit-
Claim the easements to owner adjacent to the
area if it was not going used. JOHN CAVANAUGH
advised the Commission were limited to agreeing
or disagreeing with the .
COMMISSIONER
Commission strong[
vacation with
urged him to
Homeowners
lpplicant that the
the idea of
Conforman(
COMMISS
3
: 0
'2
8.' PLOT PLAN NO. 20
moved to approve S stantial
No. 2 for Specific Plan No. 16 seconded by
FAHEY.
COMMISSIONERS: Fahey, Hoagland, C~' iaeff
COMMISSIONERS: None
COMMISSIONERS: Blair, For
8.1
Proposal to construct a 160,561 square foot industrial
building with 128,345 square feet of warehouse, 26,850
square feet of office space and 5,366 square feet of
manufacturing. Project is located north of Rancho
California Road, Business Park Drive.
OLIVER MUJICA provided the staff report on this item.
He stated that Condition No. i should be amended to
reflect the above stated square footages and Condition
No. 10 amended to reflect the total requirement for
parking spaces as 246 with 5 handicapped parking spaces.
PCMIN11/5/90
-5-
NOVEMBER 16, 1990
PLANNING COMMISSION MINUTES NOVEMBER 5# 1990
COMMISSIONER HOAGLANDquestioned the surface requirements
for the parking area in Condition No. 10. GARY THORNHILL
advised the Commission to disregard the interior sentences
beginning with "Decomposed granite".
COMMISSIONER CHINIAEFF opened the public hearing at 7:20
P.M.
CRAIG WULFEMEYER, 43225 Business Park Drive, Temecula,
applicant, advised the Commission that this would be a
distribution building for medical products.
COMMISSIONER HOAGLAND questioned the requirements for
Condition No. 31. GARY THORNHILL stated that this was a
standard condition.
COMMISSIONER HOAGLAND moved to close the public hearing
at 7:25 P.M. and adopt Negative Declaration for Plot Plan
No. 20 and recommend that the City Council adopt
Resolution No. 90-(next] approving Plot Plan No. 20,
seconded by COMMISSIONER FAHEY.
AYES: 3 COMMISSIONERS: Fahey, Hoagland, Chiniaeff
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Blair, Ford
10. CHANGE OF ZONE 5613/VTTM 25082 .
10. PropoSal to change zone from R-R 1/2 to R-1 and e
signle family lots at the northeast cor of Calle
Me and Nicholas Road.
STEVE JI NO provided the sta report on this item.
GARY THORNHILL a ' ed Commission that this was a
difficult case for s to work on. He stated that the
applicant was re ormation from the county
when they beg lication. He advised
the Commis ' 'ect as sub '
would S mltted
PCMIN11/5/90 -6- NOVEMBER 16, 1990
ITEM NO. 9
APPROVAL
CITY ATTORNEY ~
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Planning Department
November 27, 1990
Parcel Map No. 25212/Change of Zone No. 5663
PREPARED BY:
RECOMMENDATION:
Steve Padovan
Planning Department Staff recommends that the City
Council:
1. ADOPT Resolution No. 90 - ; denying Change of
Zone No. 5663 and denying Tentative Parcel Map
No. 25212.
APPLICATION INFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCATION:
EXISTING ZONING:
Durango Development Co.
Durango Development Co.
To divide a 5.02 acre residential parcel into 4
parcels approximately I acre each, and to change
the existing R-R 2.5 zoning to R-R which allows for
half acre lots.
Northeast corner of Nicolas and Liefer Roads.
R-R 2.5 (Rural Residential, 2.5 acre minimum)
STAFF R PT\PM25212 1
SURROUNDING ZONING:
PROPOSED ZONING:
EXISTING LAND USE:
SURROUNDING LAND USES:
PROJECT STATISTICS:
BACKGROUND:
North: R-R 2.5 (Rural Residential,
2.5 acre minimum)
South: R-R 2.5 (Rural Residential,
2.5 acre minimum)
East: R-R 2.5 (Rural Residential,
2.5 acre minimum)
West: R-R 2.5 (Rural Residential,
2.5 acre minimum)
R-R ( Rural Residential)
Low Density Residential
North:
South:
East:
West:
Single Family Residential
Vacant
Single Family Residential
Vacant
No. of Acres:
Proposed Lot
Sizes:
5.02
Parcel 1 - 1.06 acre gross
Parcel 2 - 1.01 acre gross
Parcel 3 - 1.49 acre gross
Parcel 4 - 1.46 acre gross
On November 5, 1990, the application was taken to
the regular scheduled Planning Commission meeting.
The Planning commission held a public hearing on
the item. After closing the public hearing, the
Planning Commission recommended Denial of the
project to the City Council which has the approval
authority on this project by a 3-0 vote.
In cases of subdivisions, the project may not be
approved if the Council makes any of the following
findings:
a)
That the proposed land division is not
consistent with applicable general and
specific plans.
b)
That the design or improvement of the
proposed land division is not consistent with
applicable general and specific plans.
c)
That the site of the proposed land division is
not physically suitable for the type of
development.
STA FFR PT\PM25212 2
d)
That the site of the proposed land division is
not physically suitable for the proposed
density of the development.
e)
That the design of the proposed land division
or proposed improvements are likely to cause
substantial environmental damage or
substantially and unavoidably injure fish or
wildlife or their habitat.
f)
That the design of the proposed land division
or the type of improvements are likely to
cause serious public health problems.
g)
That the design of the proposed land division
or the type of improvements will conflict with
easements, acquired by the public at large,
for access through, or use of, property
within the proposed land division. A land
division may be approved if it is found that
alternate easements for access or for use will
be provided and that they will be
substantially equivalent to ones previously
acquired by the public. This subsection
shall apply only to easements of record or to
easements established by judgment of a court
of competent jurisdiction.
In this case, the Plannin9 Commission recommended
a denial of the application based on the increase in
density to an area that is basically very rural with
2-5 acre lots and unimproved roadways. They
indicated that this area should remain very low
density and that if this project were approved, it
may increase the pressure to further subdivide the
lots in the surrounding area and thus, increase the
density beyond the rural character intended for the
area· The Planning commission's denial was based
on the following changes to the Staff Report:
Change Finding No. 2 for Change of Zone No.
5663 to read "There is a reasonable
probability that the zone change from R-R
2.5 to R-R will not be consistent with the
future General Plan. Further, densities and
uses proposed are not similar to existing
densities and uses in the vicinity of the
project site."
STAFF R PT\PM25212 3
Change Finding No. 3 for Change of Zone No.
5663 to read "There is a reasonable
probability of substantial detriment to, or
interference with, the future and adopted
Ceneral Plan, if the proposed use or action is
ultimately inconsistent with the plan."
Change Finding No. 4 for Change of Zone No.
5663 to read "The proposed change in district
classification is not reasonable and beneficial
at this time as it is not a logical expansion of
residential uses which exist adjacent to, and
in the vicinity of, the project site."
Change Finding No. 5 for Change of Zone No.
5663 to read "The proposed change in district
classification will likely be inconsistent with
the goals, policies and action programs which
will be contained in the General Plan when it
is ultimately adopted. The density and land
use proposed are consistent with the
Southwest Area Plan."
Change Finding No. 2 for Tentative Parcel
Map No. 25212 to read "There is a reasonable
probability that this project will not be
consistent with the future General Plan."
Change Finding No. 3 for Tentative Parcel
Map No. 25212 to read "There is a likely
probability of substantial detriment to, or
interference with, the future adopted General
Plan, if the proposed use is ultimately
inconsistent with the plan."
Change Finding No. 5 for Tentative Parcel
Map No. 25212 to read "The site is not
suitable to accommodate the proposed land
use in terms of the size and shape of the lot
configurations, access, and density. The
project does not conform to the surrounding
area development."
STA FFR PT\PM25212 4
STAFF RECOMMENDATION:
SP:ks
Each of the Planning Commissioner's findings are
contained in the attached Resolution. Accordingly,
Plann in9 Department Staff recommends that the City
Council:
1. ADOPT Resolution No. 90 - ; denyin9
Change of Zone No. 5663 and denyin9
Tentative Parcel Map No. 25212.
Attachments
Resolution
Exhibits
Plannin9 Commission Staff Report dated
November 5, 1990, with all attachments
Plannin9 Commission Minutes
dated November 5, 1990
STA FFR PT\PM25212 5
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING CHANGE OF ZONE NO. 5663 AND
PARCEL MAP' NO. 25212 TO SUBDIVIDE A 5.02 ACRE
RESIDENTIAL PARCEL INTO FOUR PARCELS AT THE
NORTHEAST CORNER OF NICOLAS AND LIEFER ROADS.
WHEREAS, Durango Development filed Change of Zone No. 5663 and
Parcel Map No. 25212 in accordance with the Riverside County Land Use, Zoning,
Planning and Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, said Zone Change and Parcel Map application was processed
in the time and manner prescribed by State and local law;
WHEREAS, the City Council considered said Zone Change and Parcel
Map on November 27, 1990, at which time interested persons had an opportunity to
testify either in support or opposition;
WHEREAS, at the conclusion of the Council hearing, the Council denied
said Zone Change and Parcel Map;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.
the following findings:
Findinqs.
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:
(1) The city is proceeding in a timely fashion with the
preparation of the general plan.
( 2 ) The planning agency finds, in approvin9 projects and
taking other actions, including the issuance of building
permits, each of the following:
(a)
There is a reasonable probability that the
land use or action proposed will be consistent
with the general plan proposal being
considered or studied or which will be
studied within a reasonable time.
STA FFR PT\PM25212 1
(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 appIicable 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 Zone Change and Parcel Map is consistent
with the SWAP. However, the SWAP designation for the property that
is the subject of this prepared Zone Change and Parcel Map
(hereinafter, the "Property") is inconsistent with the future General
Plan, to wit:
(1) The City Council finds, in denying the application
that:
(a)
There is reasonable probability that Zone
Change No. 5663 and Parcel Map No. 25212
proposed will not be consistent with the
general plan proposal being considered or
studied or which will be studied within a
reasonable time. Further, densities and uses
proposed are not similar to existing densities
and uses in the vicinity of the project site.
(b)
There is a 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 change in district classification
will likely be inconsistent with the goals,
policies and action programs which will be
contained in the General Plan when it is
ultimately adopted although the density and
land use proposed are consistent with the
Southwest Area Plan.
STAFFRPT\PM25212 2
D. (1) Pursuant to Section 7.1 of County Ordinance No.
460, no subdivision may be approved if any of the following findings are
made:
a)
That the proposed land division is not
consistent with applicable general and
specific plans.
b)
That the design or improvement of the
proposed land division is not consistent with
applicable general and specific plans.
c)
That the site of the proposed land division is
not physically suitable for the type of
development.
d)
That the site of the proposed land division is
not physically suitable for the proposed
density of the development.
e)
That the design of the proposed land division
or proposed improvements are likely to cause
substantial environmental damage or
substantially and unavoidably injure fish or
wildlife or their habitat.
f)
That the design of the proposed land division
or the type of improvements are likely to
cause serious public health problems.
g)
That the design of the proposed land division
or the type of improvements will conflict with
easements, acquired by the public at large,
for access through, or use of, property
within the proposed land division. A land
division may be approved if it is found that
alternate easements for access or for use will
be provided and that they will be
substantially equivalent to ones previously
acquired by the public. This subsection
shall apply only to easements of record or to
easements established by judgment of a court
of competent jurisdiction.
(2) The Council in denying the proposed Zone Change
and Parcel Map, makes findings (a) and (b) in light of the
inconsistency with the future General Plan. Further, the Council
makes findings (c) and (d), to wit:
ST A FF R PT\PM25212 3
The site is not suitable to accommodate the
proposed land use in terms of the size and
shape of the lot configurations, access, and
density. The project does not conform to the
surrounding area development.
E. The proposed change in zone classification is not
reasonable and beneficial at this time as it is not a logical expansion of
residential uses which exist adjacent to, and in the vicinity of, the
project site.
SECTION 2. Change of Zone No. 5663 and Tentative Parcel Map No.
25212 are denied on the basis of the above findings.
SECTION 3_:_. The City Clerk shall certify the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 27th day of November, 1990.
RONALD J. PARKS
MAYOR
I HEREBY CERTIFY that the forecJoin9 Resolution was duly adopted by
the City Council of the City of Temecula at a regular meeting thereof, held on the
27th day of November, 1990 by the following vote of the Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
JUNE S. GREEK
DEPUTY CITY CLERK
STAFFR PT\PM25212 4
CITY OF TEMECULA
PLANNING DEPARTMENT
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 25212
Council Approval Date:
Expiration Date:
Planninq 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. 25212, 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 H unless modified by the conditions listed below. This approved
tentative parcel map will expire two years after the Plannin9 Commission
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, Riverside county 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.
Street names shall be subject to approval of the City of Temecula.
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 of Temecula.
Legal access as required by Ordinance 460 shall be provided from the parcel
map boundary to a City maintained road.
STAFFRPT\PM25212 1
9.a.
10.
11.
12.
13.
14.
15.
16.
All delinquent property taxes shall be paid prior to recordation of the final
map.
The subdivider shall comply with the environmental health recommendations
outlined in the County Health Department's transmittal dated April 27, 1990,
a copy of which is attached·
The subdivider shall comply with the flood control recommendations outlined
in the Riverside County Flood Control District's letter dated March 28, 1990,
a copy of which is attached· If the land division lies within an adopted flood
control drainage area pursuant to Section 10.25 of Riverside County Land
Division Ordinance 460, appropriate fees for the construction of area drainage
facilities shall be collected by the Road Commissioner prior to recordation of
the final map or waiver of parcel map.
The subdivider shall comply with the County Road Commissioner's
recommendations outlined in the Office of Road Commissioners and County
Surveyor's transmittal dated May 7, 1990.
The subdivider shall comply with the fire improvement recommendations
outlined in the County Fire Department's letter dated March 9, 1990, a copy
of which is attached.
The subdivider shall comply with the recommendations outlined in the Building
and Safety Department: Grading Section's transmittal dated May 7, 1990, a
copy of which is attached.
The subdivider shall comply with the recommendations set forth in the Airport
Land Use Commission letter dated October 24, 1990, a copy of which is
attached·
The subdivider shall comply with the recommendations outlined in the County
Geologist's letter dated March 29, 1990, a copy of which is attached.
Prior to issuance of building permits, applicant shall be required to pay
applicable Quimby fees in accordance with Section 10.35 of Ordinance 460.
Prior to the issuance of a grading permit, the applicant shall comply with the
provisions of Ordinance No. 663 by paying the appropriate fee set forth in
that ordinance. Should Ordinance No. 663 be superseded by the provisions
of a Habitat Conservation Plan prior to the payment of the fee required by
Ordinance No. 663, the applicant shall pay the fee required by the Habitat
Conservation Plan as implemented by County ordinance or resolution.
Lots created by this subdivision shall be in conformance with the development
standards of the R-R zone.
STAFFR PT\PM25212 2
17.
An Environmental Constraints Sheet (ECS) shall be prepared with the final
map to delineate identified environmental concerns and shall be permanently
filed with the office of the City Engineer. Prior to the recordation of the final
map, a copy of the ECS shall be forwarded with copies of the recorded final
map to the Planning Department and the Department of Building and Safety.
The following note(s) shall be placed on the Environmental Constraints Sheet.
"This property is located within thirty (30) miles of Mount Palomar
Observatory· Light and glare may adversely impact operations at the
Observatory. Outdoor lighting shall be from low pressure sodium lamps
that are oriented and shielded to prevent direct illumination above the
horizontal plane passing through the luminare."
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
affectin9 this property are shown on the accompanying Environmental
Constraints Sheet, the original of which is on file at the office of the
City Engineer. These constraints affect all parcels.
18.
Parcel Map No. 25212 cannot be recorded until Change of Zone No. 5663 is
approved and effective·
19.
Prior to the issuance of BUILDING PERMITS the following condition shall be
satisfied:
No building permits shall be issued by the City for any residential
lot/unit within the project boundary until the developer's successor's-
in-interest provides evidence of compliance with public facility
financing measures. A cash sum of one-hundred dollars ($100) per
lot/unit shall be deposited with the City as mitigation for public library
development.
Enqi ~, _eri nq Department
The following are the Engineering Department Conditions of Approval for this
project, and shall be completed at no cost to any Government Agency· All questions
regarding the true meaning of the conditions shall be referred to the Engineering
Department.
It is understood that the Developer correctly shows all existing easements, traveled
ways, and drainage courses, and their omission may require the project to be
resubmitted for further consideration.
20.
The Developer shall comply with the State of California Subdivision Map Act,
and all applicable City Ordinances and Resolutions.
STAFFRPT\PM25212 3
21.
The final map shall be prepared by a licensed land surveyor or registered
Civil Engineer, subject to all the requirements of the State of California
Subdivision Map Act and Ordinance No. 460.
PRIOR TO FINAL MAP APPROVAL:
22. The developer shall receive written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control district;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department; and
CATV Franchise.
23.
Street "A" shall be a private street, not to be maintained by the City, and
shall be constructed 24 feet in width, with an acceptable aggregate base (0.33'
thick) on a 32 foot graded section, with a 38' radius turn-a-round. County
Road Department Condition Nos. 3 and 14 shall be deleted.
24.
Liefer Road shall be improved with 22 feet of half street improvement plus one
12' lane, or bond for the street improvement may be posted per Condition No.
26, within a 33 dedicated right-of-way in accordance with County Standard
No. 103, Section A (44'/66'). County Condition Nos. 5 and 13 shall be
deleted.
25.
All roa'd easements and/or street dedications shall be offered for dedication to
the public and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the
City Engineer.
26.
The subdivider shall construct or post security and an agreement executed
guaranteeing the construction of the following public improvements in
conformance with applicable City standards.
Street improvements, including, but not limited to:
and gutter, drive approaches, signing, striping,
control devices as appropriate.
pavement, curb
and other traffic
b. Domestic water systems.
27. A minimum centerline street grade shall be 0.50 percent.
28.
All driveways shall be located a minimum of two (2) feet from the property
line.
STAFFR PT\PM25212 4
29.
The subdivider shall submit four prints of a comprehensive grading plan to
the Engineering Department. The plan shall comply with the Uniform Building
Code, Chapter 70, and as may be additionally provided for in these Conditions
of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil
Engineer.
30.
The subdivider shall submit four copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological
conditions of the site.
31.
Adequate provisions shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
32.
Prior to final map, the subdivider shall notify the City's CATV Franchises of
the Intent to Develop. Conduit shall be installed to CATV Standards at time
of street improvements.
PRIOR TO ISSUANCE OF GRADING PERMITS:
33.
Prior to any work being performed in public right-of-way, fees shall be paid
and an encroachment permit shall be obtained from the City Engineer's Office,
in addition to any other permits required.
34.
A grading permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-of-
way.
35.
A flood mitigation charge shall be paid. The charge shall equal the prevailing
Area Drainage Plan fee rate multiplied by the area of new development. The
charge is payable to the Flood Control District prior to issuance of permits.
If the full Area Drainage Plan fee or mitigation charge has already credited to
this property, no new charge needs to be paid.
PRIOR TO BUILDING PERMIT:
36.
A precise grading plan shall be submitted to the Engineering Department for
review and approval. The building pad shall be certified by a registered Civil
Engineer for location and elevation, and the Soil Engineer shall issue a Final
Soils Report addressing compaction and site conditions.
37.
The developer shall enter into an agreement with the City stating that the
developer or any future owner of the parcels contained within Parcel Map No.
25212 will not protest any Assessment District formed for the purpose of
constructing the public street improvements for Nicolas Road on the frontage
of this map.
STAFFR PT\PM25212 5
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
38.
Construct full street improvements includin9 but not limited to, curb and
9utter, A.C. pavement, drive approaches, and parkway trees on all interior
public streets.
39.
All street improvements shall be installed to the satisfaction of the City
Engineer.
Asphaltic emulsion (fo9 seal) shall be applied not less than 14 days followin9
placement of the asphalt surfacin9 and shall be applied at a rate of 0.05 9allon
per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and
94 of the State Standard Specifications.
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 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 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 (assumin9 benefit to the
project in the amount of such fees) and specifically waives its right to protest
such increase.
Transportation Engineerinq
PRIOR TO RECORDATION:
42.
A si9nin9 and stripin9 plan shall be designed by a re9istered Traffic Engineer
and approved by the City Engineer for Liefer Road and Street "A", and shall
be included in the street improvement plans,
43.
Prior to designin9 any of the above plans, contact Transportation Engineerin9
for the desi9n requirements.
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS:
A construction area traffic control plan shall be designed by a registered
Traffic Engineer and approved by the City Engineer for any street closure
and detour or other disruption to traffic circulation as required by the City
Engineer.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
All si9nin9 and stripin9 shall be installed per the City requirements and the
approved signin9 and stripin9 plan.
STAFF R PT\PM25212 6
· - Notice of Pubic Heariny
THE CITY OF TEMECULA
43172 Business Park Drive
Temecula, CA 93290
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the
matter(s) described below.
Case No:
Applicant:
Location:
Proposal:
Environmental
Action:
Parcel Map No. 25212/Change of Zone No. 5663
Durango Development Company
Northeast Corner of Nicholas Road and Liefer Road
To subdivide a 5.02 acre lot into four parcels and to change the
existing R-R 2.5 Zoning to R-R.
Negative Declaration
Any person may submit written comments to the City Council before the hearing(s) or may
appear and be heard in support of or opposition to the approval of the project(s) at the time of
hearing. If you challenge any of the projects in court, you may be limited to raising only those-'
issues you or someone else raised at the pubic hearing(s) described in this notice, or in written~.
correspondences delivered to the City Clerk at, or prior to, the pubic hearing(s). The proposed-
project application(s) may be viewed at the public information counter, Temecula Planning
Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM.
Questions concerning the project(s) may be addressed to Steve Padovan, City of Temecula
Planning Department, (714)694-6400.
PLACE OF HEARING
DATE OF HEARING
TIME OF HEARING
Temecula Community Center
28816 Pujol Street
Temecula
Tuesday. November 27. 1990
7:00 PM
LIEFER RD.
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VICINITY MI~P
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LIEFER RI~.
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CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.: ~rc~( /~tctf,
The following fees were reviewed by Staff relative to their applicability to this
project.
Fee
Habitat Conservation Plan
I K-Rat)
Parks and Recreation
I Quimby )
Public Facility
| T raffic Mitigation )
Public Facility
|Traffic Signal Mitigation)
Public Facility
[ Library )
Fire Protection
Flood Control
[ADP)
Condition of Approval
Condition No.
Condition No. [ L~
Condition No.
Condition No.
Condition No.
Condition N0.
Condition No. ~L~
FormslPIng-M9
Case No.:
STAFF REPORT - PLANNINC
CITY OF TEMECULA
PLANNING COMMISSION
November 5, 1990
Parcel Map No. 25212/Change of Zone No. 5663
Prepared By: Steve Padovan
Recommendation: Approval
APPLICATION INFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCAT I ON:
EXISTING ZONING:
SURROUNDING ZONING:
PROPOSED ZONING:
EXISTING LAND USE:
SURROUNDING LAND USES:
Duran9o Development Co.
Durango Development Co.
To divide a 5.02 acre residential parcel into ~
parcels approximately 1 acre each, and to change
the existing R-R 2.5 zoning to R-R which allows for
half acre lots.
Northeast corner of Nicolas and Liefer Roads.
R-R 2.5 {Rural Residential, 2.5 acre minimum)
North: R - R 2.5
South: R - R 2.5
East: R - R 2.5
West: R - R 2.5
{ Rural Residential,
2,5 acre minimum)
( Rural Residential,
2.5 acre minimum)
I Rural Residential,
2.5 acre minimum)
( Rural Residential,
2.5 acre minimum)
R-R I Rural Residential)
Low Density Residential
North:
South:
East:
West:
Single Family Residential
Vacant
Single Family Residential
Vacant
STAFF R PT\PM25212 1
PROJECT STATISTICS:
BACKGROUND:
PROJECT DESCRIPTION:
ANALYSIS:
No. of Acres:
Proposed Lot
Sizes:
5.02
Parcel 1 - 1.06 acre gross
Parcel 2 - 1.01 acre gross
Parcel 3 - 1. ~&9 acre gross
Parcel ~ - 1. ~6 acre gross
The application for Tentative Parcel Map No. 25212
and Change of Zone No. 5663 was originally
submitted to the Riverside County Planning
Department on December 1, 1989. It has
subsequently been through the LDC process in the
county and, upon transfer to the city, has gone
through a pre-development review and a formal
review by city staff and departments. A biological
study indicated that no significant affect on
biological resources will occur due to the
development of the site. The site is located within
the Stephen's Kangaroo Rat Habitat Conservation
Plan and will be subject to mitigation fees.
The project site contains an existing single family
home where the proposed Parcel 1 will be located.
The remainder of the site is basically undisturbed
and consists of gently rolling slopes with a small
drainage swale traversing the site. All roadways
surrounding the property are unimproved with a
decomposed granite surface.
The applicant is proposing to subdivide a 5.02 acre
parcel at the northeastern corner of Nicolas Road
and Lielet Road into ~ parcels: Parcel 1 - 1.06
gross acres; Parcel 2 - 1.01 gross acres; Parcel 3 -
1 .~9 gross acres; Parcel ~ - 1 .~6 gross acres. In
addition, the applicant is requesting a Change of
Zone from Rural Residential - 2.5 acre minimum lot
size to Rural Residential which allows a minimum lot
size of 20,000 square feet. The Change of Zone
request would permit the number and size of lots
proposed.
The proposed parcel map is currently surrounded
by low density residential lots ranging from 2 to 5
acres. This area retains a rural character with
unimproved roads and septic systems. In addition,
several specific plans have been approved to the
north and east of the project area with densities
ranging from 1/2 to 1 dwelling unit per acre. The
applicants are proposing to create ~ one acre lots
which would increase the density to 1 unit per acre
STA FFR PT\PM25212 2
GENERAL PLAN AND
SWAP CONSISTENCY:
ENV I R ONMENTA L
DETERMINATION:
FINDINGS:
from the current I unit per 2.5 acres which is
required by the current zoning. By rezoning to
R-R, the applicant will be permitted to increase the
density to 1 unit per half acre. Staff feels that one
acre lots will not have a significant impact on the
rural character of the immediate surrounding area.
One acre lots are consistent with the low density
residential atmosphere and can support septic
systems which are prevalent in the area.
Circulation
Access to the new lots will be from a new cul-de-sac
which will be fully improved with curb and gutter.
Liefer Road will be improved with half street
improvements. Nicolas Road will be improved with
an asphaltic base and curb and gutter along the
length of the project site prior to issuance of
building permits. This is due to the fact that this
will be a city maintained roadway. No access will be
permitted to the parcels from Nicolas.
The applicant has requested a zone change from
R-R 2.5 to R-R which permits half acre lots. This
proposed zoning will not have a significant effect on
the environment because it continues to promote a
rural atmosphere with low density development. In
addition, several higher density developments are
designated for the areas to the north and east.
Nicolas will be developed as a major arterial with a
110 foot right-d-way to service the future higher
density developments. Furthermore, the parcel has
a designated density of 1-2 DU/AC according to the
Southwest Area Plan and will probably be in
conformance with the future General Plan.
An initial study has been completed for the project
and a Negative Declaration is recommended for the
proposal.
Chanqe of Zone No. 5663
The proposed zone change will not have a
significant adverse effect on the
environment, as determined in the initial
study performed for this project. A Negative
Declaration is recommended for adoption.
STAFF R PT\PM25212 3
There is a reasonable probability that the
zone change from R-R 2.5 to R-R will be
consistent with the future General Plan.
Further, densities and uses proposed are
similar to existing densities and uses in the
vicinity of the project site·
There is not a reasonable probability of
substantial detriment to, or interference
with, the future and adopted General Plan, if
the proposed use or action is ultimately
inconsistent with the plan. The project is not
of significant scope.
The proposed change in district classification
is reasonable and beneficial at this time as it
is a logical expansion of residential uses
which exist adjacent to, and in the vicinity
of, the project site.
The proposed change in district classification
will likely be consistent with the goals,
policies and action programs which will be
contained in the General Plan when it is
ultimately adopted. The density and land use
proposed are consistent with the Southwest
Area Plan·
The site of the. proposed change in district
classification is suitable to accommodate all
the land uses currently permitted in the
proposed zoning district as it is of adequate
size and shape for the proposed residential
use. Possible land use conflicts are not likely
to arise as the project proposes residential
uses similar to those existing in the general
vicinity of the subject site.
Adequate access exists for the proposed
residential land use from Nicolas and Liefer
Roads. Additional internal access and
required road improvements to proposed lots
will be designed and constructed in
conformance with Riverside County
standards.
That said findings are supported by analysis,
minutes, maps, exhibits, and environmental
documents associated with this application
and herein incorporated by reference.
STAFF R PT\PM25212 ~
Tentative Parcel Map No. 25212
The proposed Tract Map will not have a
significant negative impact on the
environment, as determined in the Initial
Study performed for the project. A Negative
Declaration is recommended for adoption.
There is a reasonable probability that this
project will be consistent with the future
General Plan.
There is not a likely probability of
substantial detriment to, or interference
with, the future adopted General Plan, if the
proposed use is ultimately inconsistent with
the plan.
The proposed use complies with State
planning and zoning law. The project
conforms to the proposed zoning for the site
and to Ordinance No. 460, Schedule H.
The site is suitable to accommodate the
proposed land use in terms of the' size and
shape of the lot configurations, access, and
density·
The 'design of the subdivision or the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife or their habitat.
The design of the subdivision is consistent
with the State Map Act in regard to future
passive energy control opportunities.
All lots have acceptable access to existing
and proposed dedicated right-of-ways which
are open to. and are useable by, vehicular
traffic.
The design of the subdivision, the type of
improvements and the resulting street layout
are such that they are not in conflict with
easements for access through or use of the
property within the proposed project.
STAFF R PT\ PM25212 5
10.
11.
The lawful conditions stated in the project's
Conditions of Approval are deemed necessary
to protect the public health, safety and
general welfare.
That said findings are supported by minutes,
maps, exhibits, and environmental documents
associated with these applications and herein
incorporated by reference.
STAFF RECOMMENDATION:
Planning Department Staff recommends that the
Planning Commission:
1. ADOPT Resolution No. 90 - ;
Recommend ADOPT ION of a Ne9ative
Declaration for Change of Zone No. 5663 and
Parcel Map No. 25212;
Recommend APPROVAL of Change of Zone No.
5663 based on the Analysis and Findings
contained in the Staff Report.
Recommend APPROVAL of Parcel Map No.
25212 based on the Analysis and Findings
contained in the Staff Report and subject to
the attached Conditions of Approval.
SP:ks
Attachments
1.
3.
2.
Conditions of Approval
Resolution
Environmental Assessment
Exhibits
STAFF R PT\PM25212 6
CITY OF TEMECULA
PLANNING DEPARTMENT
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 25212
Council Approval Date:
Expiration Date:
Planninq Department
The subdivider shall defend, indemnify, and hold harmless the City of
Temecula, its ager~ts, officers. and employees from a~y claim, acticm, 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. appeat boards or legis|ative body corscernin9 Tentative
Parcel Map No. 25212, 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 harmtess the City of
Temecula.
The tentative parcel. map shall conform-to the requitemerrts. of Ordinance ~60,
Schedule H unless modified by the conditions listed below. This approved
tentative parcel map. wil~ exp'~re two years after the Planning Commission
approval date unless extended as provided by Ordinance.
The final map shall be prepared by a registered civil engineer or licensed tand
surveyor subject to all the requirements of the State of California Subdivision
Map Act, Riverside county Sul0d~vision Ordinance
All road easements shall be offered for dedication to the public and shall
continue in force untill the governing body accepts or abandons such offers.
All dedications shall be free from all encumbrances as approved by the City·
Street names shall be subject to approval of the City of Ternecula.
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 of Temecula.
t
Legal access as required by Ordinance ~60 shall be provided from the parcel
map boundary to a City meintalned road.
STAFF R PT\ PM25212 1
9.3.
10.
11.
12.
13.
15.
16.
All delinquent property taxes shall be paid prior to recordation of the final
map.
The subdivider shall comply with the environmental health recommendations
outlined in the County Health Department's transmittat dated April 27, 1990,
a copy of which is attached.
The subdivider shai4 comply with the flood controt recommendations outlined
in the Riverside County Flood Control DistrictIs letter dated March 28, 1990,
a copy of which is attached. If the land division lies within an adopted flood
control drainage area pursuant to Section 10.25 of Riverside County Land
Division Ordinance ~60, appropriate fees for the construction of areadrainage
facilities shall be collected by tl~. Road Commissioner prior to recordation of
the final map or waiver of parcel map.
The subdivider shall comply with the County Road Commissioner's
recommendations outlined in the Office of Road Commissioners and County
5urveyoPs transra~ttai dated May 7, 1990.
The subdivider shall comply with the fire improvement recommendations
outlined in the County Fire Department's letter dated March 9, 1990, a copy
of which is attached.
The subdivider shall comply with the recommendations outlined in the Building
and Safety Department: Grading Section's transmittal dated May 7, 1990, a
cepy of which is attached.
The subdivider shall compty ~uith the recommendations set forth in the Airport
Land Use Commission letter dated October 2~, 1990, a copy of which is
attached.
The subdivider shai4 comply with the recommendations outlined in the County
Geotegist~s letter dated March 29, 1990, a copy of which is attached.
Prior to issuance of building permits, applicant shall be required to pay
applicable Quimby fees in accordance with Section 10.35 of Ordinance ~60,
Prior to the issuance of a grading pemit, the applicant shall comply with the
provisions of Ordinance No. 663 by paying the appropriate fee set forth in
that ordinance. Should Ordinance No. 663 be superseded by the provisions
of a Habitat Conservation Plan prior to the payment of the fee required by
Ordinance No. 663, the applicant shall pay the fee required by the Habitat
Conservation Plan as implemented by County ordinance or resolution.
Lots created by this subdivision shall be in conformance with the development
standards of the R-R
STAFFRPT\PM25212 2
17.
An Environmental Constraints Sheet (ECS) shall be prepared with the final
map to delineate identified environmental concerns and shall be permanently
flied with the office of the City Engineer. Prior to the recordation of the final
map, a copy of the ECS shall be forwarded with copies of the recorded final
map to the Planning Department and the Department of Building and Safety.
The following note| s ) shal~ be placed on the Environmental Constraints Sheet.
"This property is located within thirty (30) miles of Mount Palomar
Observatory. Light and glare may adversely impact operations at the
Observatory. Outdoor lighting shall be from low pressure sodium lamps
that are oriented and shiel, ied to prever~t 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 accompar~yin9 Environmental
Constraints Sheet, the original of which is on file at the office of the
City Engineer. These constraints affect all parcels.
18.
Parcel Map No. 25212 cannot be recorded until Change of Zone No. 5663 is
approved and effective.
19.
Prior to the issuance of BUILDINC PERMITS the following condition shall be
satisfied:
No building permits shatt be issued by the City for any residential
lot/unit within the proj~:t boundary ur~it the devetoper~s successor's-
in-interest provides evidence of compliance with public facility
financing measures. A cash sum of one-hundred dollars ($100) per
lot/unit shall be deposited with the City as mitigation for public library
development·
En.qineerin.q Department
The following are the Engineering Department Conditions of Approval for this
project, and shall be completed at no cost to any Government Agency. All questions
regarding the true meaning of the conditions shall be referred to the Engineering
Department.
it is understood that the Developer correctly shows all existing easements, traveled
ways, and drainage courses, and their omission may require the project to be
resubmitted for further consideration.
20.
The Developer shall comply wLth the State of California Subdivision Map Act,
and all applicable City Ordinances and Resolutions.
STAFFR PT\PM25212 3
21.
The final map shall be prepared by a licensed land surveyor or registered
Civil Engineer, subject to all the requirements of the State of California
Subdivision Map Act and Ordinance No. 460.
PRIOR TO FINAL MAP APPROVAL:
22. The developer shall receive written clearance from the following agencies:
Rancho C~..i.-,ornia Water District;
Eastern Municipal Water District;
Riverside County Flood Control district;
City of Temecula Fire Bureag;
Planning Department;
Engineering Department;
Riverside County Health Department; and
CATV Franchise.
23.
Street "A" shall be a private street, not to be ma'tntained by the City, and
shall be constructed 24 feet in width, with an acceptable aggregate base (0.33'
thick ) on a 32 foot graded section, with a 381 radius turn-a-round. County
Road Department Condition Nos. 3 and 1~ shall be deleted.
Liefer Road shall be improved with 22 feet of half street improvement plus one
12' lane, or bond for the street improvement may be posted per Condition No.
26, withh~ a 33 dedicated right-of-way in accordance with County Standard
No. 103, Section A (~'/66'). County Condition Nos. 5 and 13 shall be
deleted.
25.
All road easements and/or street dedications shall be offered for dedkation to
the public and shall continue in force until the City accepts or abandons such
offers· All dedications shall be free from all encumbrances as approved by the
City Engineer·
26.
The subdivider shall construct or post security and an agreement executed
guaranteeing the construction of the following public improvements in
conformance with applicable City standards.
Street improvements, inchJding, but not limited to:
and guttar, drive approaches, signing, striping,
control devices as apprepriate.
pavement, curb
and other traffic
b. Domestic water systems.
27. A minimum centerline street grade shall be 0.50 percent.
28.
All driveways sha)| be located a minimum of two (2) feet from the property
line.
STAFF R PT\ PM25212 ~
29.
The subdivider shall submit four prints of a comprehensive grading plan to
the Engineering Department. The plan shall comply with the Uniform Building
Code, Chapter 70, and as may be additionally provided for in these Conditions
of Approval. The plan shall be drawn on 21~" x 36" mylar by a Registered Civil
Engineer.
3O.
The subdivider shall submit four copies of a soils report to the Engineering
Department. The report shall address the soits stability and geological
conditions of the s~te.
31.
Adequate provisions shall be made for acceptance and disposal of surface
drainage entering the property from. adjacent areas.
32.
Prior to final map, the subdivider shall notify the City~s CATV Franchises of
the Intent to Develop. Conduit shall be installed to CATV Standards at tim
of street improvements.
PRIOR TO ISSUANCE OF GRADING PERMITS:
33.
Prior to any work being performed in public right-of-way, fees shall be paid
and an encroachment permit shall be obtained from the City Engineerrs Office,
in addition to any other permits required.
A grading permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-of-
way.
35.
A flood mitigation charge shall be paid. The charge sha~ equal the prevailing
Area Drainage Plan fee rate mu4tiplied by the area of new development. The
charge is payable to the Flood Control District prior to issuance of permits.
If the full Area Drainage Plan fee or mitigation charge has already credited to
this property, no new charge needs to be paid.
PRIOR TO BUILDING PERMI.T:
36.
37.
A precise grading pta~ shall be. submitted to the-Engineering Deftnme~t for
review and approval. The building pad sha|l be certified by a registered Civil
Engineer for location and elevation, and the Soil Engineer shall issue a Final
Soils Report addressing compaction and site conditions.
The developer shall enter into an agreement with the City stating that the
developer or any future owner of the parcels contained within Parcel Map No.
25212 will not protest any Assessment District formed for the purpose of
constructing the public street improvements for Nico|as Road on the frontage
of this map.
STAFF R PT\PM25212 5
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
38.
Construct full street improvements including but not limited to, curb and
9utter, A.C. pavement, drive approaches, and parkway trees on all interior
public streets.
39.
All street improvements shall be installed to the satisfaction of the City
Engineer.
Asphaitic emulsion (fog seal) shall be applied not tess than 1~ 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 Nos. 37, 39, and
9~ of the State Standard Specifications.
Developer shall pay any capital fee for road improvements and pubtic 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 Developar 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.
T ransportation En.qineerinq
PRIOR TO RECORDATION:
A signing and strip'rag plan shall be designed by a registered Traffic Engineer
and approvecl by the City Engineer for Liefer Road arKt Street "A", and shell
be included in the street improvement piaas.
Prior to designing any of the above plans, contact Transportation Engin==ring
for the design requirements.
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS:
A construction area traffic control plan shall be designed by a registered
Traffic Engineer and approved by the City Engineer for any street closure
and detour or other disruption to traffic circulation as required by the City
Engineer.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
All signing and striping shall be installed per the City requirements and the
approved signing and striping plan.
STAFFRPT\PM25212 6
OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR
Ivan F. Tennant
ACTING ROAD COMMISSIONER & COUNTY SURVEYOR
May 7, 1990
COUNTY ADMINISTRATIVE CENTER
MAILING ADDRESS:
P.O. BOX 1090
RIVERSIDE. CALIFORNIA 92502
{714} 275-6880
Riverside County Planning Commission
4080 Lemon Street
Riverside, CA 92501
Ladies and Gentlemen:
Tentative PM 25212 - Amend #2
Schedule H - Team 1 - SMD #9
AP #111-111-111-9
With respect to the conditions of approval for the
referenced tentative land division map, the Transportation
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 Transportation
Planning and Development Review Division Engineer'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
are allowed". The protection shall be as approved by the
Transportation Department.
The landdivider shall accept and properly dispose of all
offsite drainage flowing onto or through the site. In the
event the Transportation Planning and Development Review
Division Engineer permits the use of streets for drainage
purposes, the provisions of Article XI of Ordinance No. 460
COUNTY ADMINISTRATIVE CENTER · 4080 LEMON STREET · RIVERSIDE, CALIFORNIA 92501
Tentative PM 25212 - Amend #2
May 7, 1990
Page 2
10.
11.
12.
13.
14.
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 Transportation Department.
Sufficient right of way along "A" Street shall be dedicated
for public use to provide for a 60 foot full width right of
way.
Sufficient right of way
dedicated for public use
width right of way.
along Nicholas Road shall be
to provide for a 55 foot half
Sufficient right of way
dedicated for public use
width right of way.
along Liefer Road shall be
to provide for a 33 foot half
Corner cutbacks in conformance with County Standard No. 805
shall be shown on the final map and offered for dedication.
Lot access shall be restricted on Nicholas Road and so
noted on the final map.
The landdivider shall provide utility clearance from Rancho
California Water District prior to the recordation of the
final map.
Prior to the recordation of the final map, the developer
shall deposit with the Riverside County Transportation
Department, a cash sum of $150.00 per lot as mitigation for
traffic signal impacts. Parcel 1 will be exempted from
mitigation due to the existing residence.
The maximum centerline gradient and the minimum centerline
radii shall be in conformance with County Standard #114 of
Ordinance 461.
All centerline intersections shall be at 90 o or as approved
by the Transportation Department.
Nicholas Road shall be improved with 24 feet of acceptable
Aggregate Base (0.33' thick) on a 32 foot graded section
within a 110 foot full width dedicated right of way.
Liefer Road shall be improved with 24 feet of acceptable
Aggregate Base (0.33' thick) on a 32 foot graded section
within a 66 foot full width dedicated right of way.
"A" Street shall be improved with 24 feet of acceptable
Aggregate Base (0.33' thick) on a 32 foot graded section
within a 60 foot full width dedicated right of way.
Tentative PM 25212 - Amend #2
~4ay 7, 1990
Page 3
15.
16.
17.
18.
19.
20.
21.
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 Transportation Planning and Development
Review Division Engineer. Completion of road improvements
does not imply acceptance for maintenance by County.
An access road to the nearest road maintained for public
use shall be constructed with a 24 foot graded section
within a minimum 40 foot part width right of way in
accordance with an approved centerline profile as approved
by the Transportation Planning and Development Review
Division Engineer.
A standard cul-de-sac shall be constructed within the
landdivision.
Landdivisions creating cut or fill slopes adjacent to the
streets shall provide erosion control and sight distance
control as approved by the Transportation Department.
A summary vacation of the superseded existing dedication
shall be applied for and processed for concurrent action at
the time of the adoption of the final map. If said excess
or superseded right of way is also County owned land, it
may be necessary to enter into an agreement with the County
for its purchase or exchange.
The landdivider shall install street name sign(s) in
accordance with County Standard No. 816 prior to
recordation of the final map as directed by the
Transportation Planning and Development Review Division
Engineer.
Any landscaping within public road rights of way shall
comply with Transportation Department standards and require
approval by the Transportation Planning and Development
Review Division Engineer and assurance of continuing
maintenance through the establishment of a landscape
maintenance district/maintenance agreement or similar
mechanism as approved by the Transportation Planning and
Development Review Division Engineer. 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.
Tentative PM 25212 - Amend #2
May 7, 1990
Page 4
22.
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.
SinCerelY,
Lawrence A. ~d~rper
Division Engineer
PLANNING & ENGINEERING
46-209 OASIS STREET, SUITE 405
INDIO, CA 92201
(619} 342-8886
RIVERSIDE COUNTY
FIRE DEPARTMENT
IN COOPERATION WITH THE
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
GLEN J. NEWMAN
FIRE CHIEF
3-9-90
CkLII~01IIII4
PLANNING & ENGINEERING
3760 12TH STREET
RIVERSIDE, CA 92501
(714} 787-6606
TO:
PLANNING DEPARTMENT
ATTN: RANDY WILSON
PARCEL MAP 25212 - AMENDED #2
With respect to the conditions of approval for the above referenced land division,
the Fire Department recon~ends the following fire protection measures be provided
in accordance with Riverside County Ordinances and/or recognized fire protection
standards:
HAZARDOUS FIRE AREA
The land division is located in the "Hazardous Fire Area-" of Riverside County as
shown on a map on file with the Clerk of the Board of Supervisors. Any building
constructed on lots createdby this land .division shall comply with the special
construction provisions contained in Riverside County Ordinance 546.
Schedule ."H" fire protection. An approved standard fire hydrant (6"x4"x2½")
shall be located so that no portion of the frontage of any lot is more than
500 feet from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2
hours duration at 20 PSI.
ENVIRONMENTAL CONSTRAINT SHEET
Should the developer choose to defer the ~ire protection requirements, an
Environmental Constraint Sheet shall be filed with the final map containing
the following: "The property is located in the Hazardous Fire Area. Prior
to the issuance of a building permit, the applicant/developer shall provide
written certification from the water company that a fire hydrant exists
within 500 feet of the driveway entrance or that financial arrangements
have been made to provide one.
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.
Subject: PM 25212 Page 2
All questions regarding the meaning of conditions shall be referred to the
Planning and Engineering staff.
RAYMOND H. REGIS
Chief Fire Department Planner
Laura Cabral, Fire Safety Specialist
a~la
KENNETH L. EDWARDS
CHIEF ENGINEER
1995 MARKET STREET
P.O, BOX 1033
TELEPHONE (714) 787-2015
FAX NO. (714) 788-9965
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
RIVERSIDE, CALIFORNIA 92502
Riverside County
P1 anning Department
County Administrative Center
Riverside, California
Attention: Regional Team No.
P1 anner ~4NOV
AMENDED
Area:
We have reviewed this case and have the following comments:
Except for nuisance nature local runoff which may traverse portions of the
property the project is considered free from ordinary storm flood hazard.
However, a storm of unusual magnitude could cause some damage. New construc-
tion should comply with all applicable ordinances.
The topography of the area consists of well defined ridges and natural water-
courses which traverse the property. There is adequate area outside of the
natural watercourses for building sites. The natural watercourses should be
kept free of buildings and obstructions in order to maintain the natural
drainage patterns of the area and to prevent flood damage to new buildings.
A note should be placed on an environmental constraint sheet stating, "All new
buildings shall be floodproofed by elevating the finished floors a minimum of
18 inches above adjacent ground surface. Erosion protection shall be provided
for mobile home supports."
This project is in the ·
drainage plan fees shall be ~ accordance with the applicable r~les and
regulations.
The proposed zoning is consistent with existing flood hazards. Some flood
control facilities or floodproofing may be required to fully develop to the
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
free of ordinary storm flood hazard when improvements ~av/hb~e~r°ject will be
constructed in
accordance with approved plans.
The attached comments apply.
~ ,y /(~li~
9H
N H. KASHUBA
~enior Civil Engineer
March 29, 1990
Leighton and Associates
27715 Jefferson Avenue, Suite 109
Rancho California, CA 92390
ATTENTION: Mark Bergmann
RiVERSiDE COUNt,u
PLANNiN DEPARClTIEnC
· MAR .S.C 1990
RIVERSIDE COUNTY
PLANNING DEPARTMENT
SUBJECT:
Liquefaction Hazard
Project No. 11908500-11
Tentative Parcel Map 25212
A.P.N.: 914-280-012
County Geologic Report No~ 706
Rancho California Area
GENTLEMEN:
We have reviewed your report entitled "Geologic Site Reconnaissance, Tentative
Parcel Map No. 25212, Temecula Area, Riverside County, CA", dated February 7,
1990.
Your report determined that the potential for liquefaction to occur on the site
is very low to nil.
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:jg
CC:
Very truly yours,
RIVERSIDE COUNTY PLANNING DEPARTMENT
J . ' , ' rTctor
,
Durango Development - Tim Crough
Norm Lostbom - Building & Safety {2)
Planning Team 1 - Randy Wilson
4080 LEMON STREET, 9TH FLOOR
RIVERSIDE, CALIFORNIA 92501
(714) 787-6181
79733 COUNTRY CLUB DRIVE, SUITE E
BERMUDA DUNES, CALIFORNIA 92201
(619) 342-8277
COUNTY OF RIVERSIDE
BUILDING AND SAFETY DEPARTMENT
GRADING SECTION
TO:
FROM:
DATE:
RE:
APN #:
May 7, 1990
PM 25212 AMENDMENT # 2
914-280-012
The "Grading Section" has reviewed a conceptual grading plan for this site.
The plan is acceptable. Consequently, the "Grading Section" recommends
approval of this pro3ect if the following conditions are included.
Prior to commencing any further grading in excess of 50 cubic yards, the
applicant shall obtain a grading permit and approval to construct from
the Building and Safety Department.
All grading shall conform to the 1988 Uniform Building Code and
.Ordinance 457.
Prior to issuance of any building permit, the property owner shall
obtain a grading permit and approval to construct from the Building and
Safety Department.
Plant and irrigate fill slopes greater than or equal to 3' and/or cut
slopes greater than or equal to 5' in vertical height with grass or
ground cover. Slopes that exceed 15' in vertical height are to be
provided with shrubs and/or trees per count Ordinance 457, see form 284-
47.
Grading in excess of lb9 cubic yards will require performance security
to be posted with the Building and Safety department.
All drainage facilities shall be designed to accommodate 100 year storm
flows. ,
NOTE: For the final grading plan, please provide th{ applicable information
form Building and Safety Department grading forms: 284-120, 284-21, 284-86,
and 284-46. These forms are available at all Building and Safety Offices.
Thank you.
C,JUNTY OF RIVER.. ,JE
DEPARTMENT OF HEALTH
4065 COUNTY CIRCLE DR. RIVERSIDE:, CA. 92503 (Mailing Address - P.0. Box 7600 92513-7600)
FAX (714) 351-4S2e
Date:
To:
From:
Review Projects:
Applicant:
Environmental or Engineering
Go. Consultants:
Information Provided: March 27, 1990
(date deposit received)
Noise Standards:
Hwy. Prediction Model:
April 27, 1990
Randy Wilson, Planner
Team I
Riverside County Planning Department
CAC
4080 Lemon St., 9th Floor
Riverside, CA 92501
William D. Redden, CIH
Supervising Industrial Hygienist
Division of Special Services
Riverside County Health Department
P.O. Box 7600
Riverside, CA 92513-7600
TT 25212
Steven Doulames
23769 Fire Tribes Trail
Murrieta, CA 92362
Durango Development
41815 Hawthorne St.
Murrieta, CA 92362
Co.
Noise Assessment and Noise Control
Recommendations for Tentative Parcel No. 25212,
County of Riverside by J.J. Van Houten and
Associates, Inc.
1. The interior noise levels in residential
dwellings shall not exceed 45 Ldn.
2. The exterior noise level shall not exceed
65 Ldn.
Using FHWA RD 77-108 Highway Traffic Prediction
Model, the noise consultant shall estimate noise
impacts (Ldn) from the Arterial Hwys. (design
capacity "C" Level of Service).
DEPUTY DIRECTOR OF HEALTH DEPUTY DIRECTOR OF HEALTH E.J. GALLAGHER, M.D., M,P.H., M,A. DEPUTY OLqECTOR OF HEALTH
PERSONAL HEALTH SERVICES ENVIRONMENTAL HEALTH SERVICES DIRECTOR OF HEALTH SI~ECIAL SERVICES
HEALTH CENTERS
BANNING 3055 RAMSEY STREET - Blnn,ng. CA g2220 I ELYTHE 2G3 NORTH BROAOWAY· ~tl~e, CA e~22S · CASA ILANCA ~10 MARGUERITA · R,,e~,oe. CA 92504
CORONA 505 SOUTH BUENA VISTA - Corona, CA 91~?0 J NEM/T 180 NORTH STATE STREET - Hemel. CA e~343 · INOiO 46-20t OASIS STREET - inaio. CA g2201
LAKE ELSINO~E 30~eS FRASER OR. - LIke Etl4nofe. CA e~330 t PALM SPRINGS 3 I I 1 TAHQUITZ-MCCA~LUM · Palm SOrtR0e. CA t22S? t PERR,S 237 NORTH'O' ST. -
E.R. COYNE, M.S.
DEPUTY DIRECTOR OF HEALTH
ADMIN. · SUPPORT SERVICES
Randy Wilson, Continue"'~
Page 2
Acoustical Parameters for County Highways:
ADT design capacity of 24,000 for an Arterial Hwy., (Nicolas) quoted in
"Information Pamphlet for Riverside County Traffic Circulation and Roadway
Improvement Requirements, Revised 5/11/87."
2. Truck, Auto Mix as follows (Riverside County Road Department):
(Overall %) Day % Evening % Night %
Auto 92 69.5 12.9 9.6
Med. truck 3 1.44 .06 1.5
Hvy. truck 3 2.4 .1 2.5
Traffic speed of 40 mph.
The distance from center
of the road to nearest building face in the
project estimated to be 175 feet for parcel 4 and 250 feet for parcel 3.
5. Hard site.
6. 20 dB,A weight attenuation provided by standard residential design with
windows closed.
7. Barrier calculations based on receptor at 10 feet from barrier and a 3
foot elevation.-
8. Interior calculations based on receptor' at 6 foot elevation inside 'the
dwelling, the nearest room to the noise source.
Findings:
The noise consultant provided acceptable assessment of noise
impacts from Nicolas onto the project.
Recommendations:
The following conditions shall be applied to parcels 4 and 3 of the project
based on the infermarion provided by the acoustical consultant.
Prior to issuance of building permits for each parcel, (4 & 3), an
acoustical report shall be submitted and receive approval from Riverside
County Health Department, Division of Special Services. The acoustical
consultant shall design a noise barrier at the rear of these yards, so
that a 200 sq. foot area or greater is not exposed to highway noise greater
than 65 Ldn as projected 10 feet from the barrier at a three foot
elevation. In addition the acoustical consultant shall design
specifications for first and second stories of the dwellings so that a
70 Ldn (as projected at 175 feet from center of Nicolas) will be reduced
to interior level of 45 Ldn.
2. All lot numbers refer to March 8, 1990 amended Map No. 2, Tentative Parcel
Map 25212.
Randy Wilson, Continue
Page 3-
CC:
The applicant shall pay review fees to the Division of Special Services,
Riverside County Health Department, not to exceed the Division's Hourly
Rate.
Steven Doulames
Durango Development
J.J. Van Houten and Assoc.
1260 East Katella Ave.
Anaheim, CA 92805
October 24, 1990
Timothy Crough
Durango Development Co.
41815 Hawthorne Street
Murrieta, CA 92363
File No: FV-90-109
Case: PM 25212
CZ 5663
Dear Mr. Crough,
SUBJECT: RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
On October 18, 1990, the Riverside County Airport Land Use
Commission (ALUC) aDDroved-the above referenced project. The
project was approved subject to the following conditions:
1. An avigation easement shall be granted by the property
.owner to the French Valley Airport.' '
Should you have questions, please contact me at (714) 369-9577.
Very truly yours,
EILEEN DALTON
Development Specialist
ED\
c c: St~lMim~lill~Faqiq an ner
· ',_' "':;i:_'7:~eu 1 a
RESOLUTION NO. 90-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF
CHANGE OF ZONE NO. 5663 AND PARCEL MAP NO. 25212
TO SUBDIVIDE A 5.02 ACRE RESIDENTIAL PARCEL INTO
FOUR PARCELS AT THE NORTHEAST CORNER OF
NICOLAS AND LIEFER ROADS.
WHEREAS, Durango Development filed Change of Zone No. 5663 and
Parcel Map No. 25212 in accordance with the Riverside County Land Use. Zoning,
Planning and Subdivision Ordinances, which the City has adopted by reference;
WHEREAS. said Zone Change and Parcel Map application was processed
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered said Zone Change and
Parcel Map on November 5, 1990, at which time interested persons had an
opportunity to testify either in support or opposition;
WHEREAS. at the conclusion of the Commission hearing, the Commission
recommended approval of said Zone Change and 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:
(1) The city is proceeding in a timely fashion with the
preparation of the general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
~a)
There is a reasonable probability that the
land use or action proposed will be consistent
with the general plan proposal being
considered or studied or which will be
studied within a reasonable time.
STAFF R PT\PM25212 1
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 Zone Change and Parcel Map is consistent
with the SWAP and meets the requirements sat forth in Section 65360 of
the Government Code, to wit:
I1 ) The city is proceeding in a timely fashion with a
preparation of the general plan.
( 2 ) The Planning Commission finds, in approving projects
and taking other actions,-including the issuance of
building permits, pursuant to this title, each of the
following:
(a) There is reasonable probability that Zone
Change No. 5663 and Parcel Map No. 25212
proposed will be consistent with the general
plan proposal being considered or studied or
which will be studied within a reasonable
time.
{b)
There is little or no probability of substantial
detriment to or interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the
plan.
The proposed use or action complies with all
other applicable requirements of state law and
local ordinances.
STA FFR PT\PM25212 2
project will
Declaration,
D. Pursuant to Section 6.5. no Zone Change or 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 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 Zone Change
and Parcel Map proposed is compatible with the health, safety and
welfare of the community.
SECTION 2. Environmental Compliance.
An Initial Study prepared for this project indicates that the proposed
not have a significant impact on the environment, and a Negative
therefore, be granted.
SECTION 3. Conditions.
That the City of Temecula Planning Commission hereby recommends
approval of Zone Change No. 5663 and Parcel Map No. 25212 for the subdivision of
a 5.02 acre parcel into four parcels located at the northeast corner of Nicolas and
Liefer Roads subject to the following conditions:
A. Exhibit A, attached hereto.
PASSED, APPROVED AND ADOPTED this 5th day of November, 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 5th day of November, 1990 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS
NOES:
PLANNING COMMISSIONERS
ABSENT:
PLANNING COMMISSIONERS
STAFF R PT\PM25212 3
APPLICANT'S ACKNOWLEDGMENT
I have read, understand and accept the conditions for approval set forth
herein above in this Resolution of approval for Parcel Map No. 25212.
DATED: By
Name
Title
STAFF R PT\ PM25212 ~
:IEVE:DiDE county
'FLAnn;n DEFA:I nlEn
ENVIRONMENTAL ASSESSMENT FORM:
ENVIRONMENTAL ASSESSMENT (E.A.) NUMBER: ~ {/j" "7' /
PROJECT CASE TYPE(s) AND NUMBERS(s): ~' r/~ ~. :'2 / ~_
APPLICANT'S NAME: /"~ .j / s. r,, ~' ~ ~/~ ,j -~ j 0~ m ~ ~ ~
NAME OF PERSON(s) PREPARING E~.: /'~ ~ ~ ~ ~ ~ /3 ; ~ I. PROJECT INFORMATION
A. DESCRI~ION (include pro~ minimum lot size and u~s as appl~ble):
~-~ ~( ,~u~l~d /A~ ~aA~4~ /~t~ ~1 A~ rcg~j
STANDARD EVALUATION
MODULE NUMBER(s): /
B. TOTAL PROJECT AREA: ACRES
C. ASSESSOR'S PARCEL NO.(s):
-~, O .~ ; or SQUARE FEET
2 -o/'2
D. EXISTINGZONING: '~-/~- ~,J"
E. PROPOSED Z0. NING: /~' ~
F. STREET REFERENCES: ,~J n c Jr h e ~ s/'
l > c(,
IS THE PROPOSAL IN CONFORMANCE?
IS THE PROPOSAL IN CONFORMANCE? __
G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATrACH A LEGAL DESCRIPTION:
H. BFRIEF DESCRIPTION OF THE EXISTING ENVIFIONMENTAL ,SETTING OF THE PFICUECT SITE AND ITS SURFIOUNDINGS
II. COMPREHENSIVE GENERAL PLAN OPEN SPACE AND CONSERVATION DESIGNATION
Check the appropriate option(s) below and proceed accordingly.
FI All or part of the project site is in "Adopted Specific Plans," "REMAP" or "Rancho Villages Community
POlicy Areas". Complete Sections III, IV (B and C only), V and 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
above. Complete Sections III, IV (A, B, and E only), V and VI.
295-70 (New 12/87t I
IIll. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT
A. Indicate the nature of the proposed land use as determined from the descriptions aa 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 Essential Normal-High Risk ~'~Normal-LowR'~sk~
B. Indicate with a yes (Y) or no (N) whether any environmental hazard and/or resource issues may significantly affect or be affected
by the proposal. All referenced figures are contained in the Comprehensive General Plan. For any issue marked yes (Y) write
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
Alquist-Priolo Special Studies or County Fault 12./J
Hazard Zones (Fig. Vl.1 )
NA PS U R (Fig. VI.3)
Liquefaction Potential Zone (Fig. VI.1)
NA S PS U R (Fig. VI.4)
Groundshaking Zone (Fig VI. 1) / /
NA S PS U R (Fig. VI.5)
Slopes (Riv. Co. 800 Scale SIoDe Maps) 15.
Landslide Risk Zone (Riv. Co. 800 Scale
Seismic Maps or On-site In~on) 16. AJ
NA ' S PS U R (Fig. VI.6)
Rockfall Hazard (On-s~te Inspection) 17. '/~J
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 & Blowsend (Fig. VI.1, 22. FJ
Ord. 460, Sec. 14.2 & Ord. 484) 23.
Dam Inundation Area (Fig. VI.7) 24.
Floodplains (Fig. VI.7) 25.
NA U R
(Fig. Vl.8)
Airlx>rt Noise (Fig. 11.18.5, 11.18.11
& V1.12 & 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, V1.11)
Highway Noise (Fig. VI.17 - VI.29)//o~,~._t
NA A B C D (Fig, V1.11)
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
Other
26._~
27.
28.
29.
31.
RESOURCES
Agriculture (Fig. VI.34 - VI.35) 32. L/
In or Near an Agricultural Preserve ~' l/2~J D/2 - "? 33.._.~)/
(Riv. Co. Agricultural Land Conversation 34. Y'
Contract Maps)
Wildlife (Fig. VI.36- VI.37) //- ' ~''~ ''~ 35.._.~
Vegetation (Fig. VI.38 - VI.40)
Mineral Resources (Fig. VI.41 - VI.42) 36.
Energy Resources (Fig. VI.43 - VI.44) 37.
Scenic Highways (Fig. VI.45)
Historic Resources (Fig. VI.32- VI.33)
Archaeological Resources
(Fig. VI.32 - VI.33 & VI.46 - VI.48)
Paleontological 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 - Generally Acceptable
B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged
N. LAND USE DETERMINATION
A. Complete this part unless the project is located in "Adopted Specific Plans", "REMAP" or "Rancho
Villages Community Policy Areas."
1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s):
2. LAND USE PLANNING AREA:
3. SUBAREA, IF ANY:
4. COMMUNITY POLICY AREA, IF ANY:
5. COMMUNITY PLAN, IF ANY:
6. COMMUNITY PLAN DESIGNATION(s), IF ANY:
7. SUMMARY OF POLICIES AFFECTING PROPOSAL:
Be
For all projects, inidcate with a yes (Y) or no (N) whether any public facilities and/or services issues may significantly affect
or be affected by the proposal. All referenced figures are contained in the Comprehensive General Plan. For any issue
marked yes (Y), write data sources, agencies consuited, findings of fact, and mitigation measures under Section V.
PUBUC FACILITIES AND SERVICES
1. ~-) Circulation (Fig. IV. 1 -IV.11. Discuss in 10.
S.c. V Existing, Planned & Required Roads)
2. ~J Bike Trails (Fig. IV. 12 - IV. 13)
3. ~ Water (Agency Letters)
4. J%) Sewer (Agency Letters)
5..},J Fire Services (Fig. IV. 16 - IV.18)
6. }J Shedff Services (Fig IV. 17 - W. 18)
7. ''~' Schools (Fig. IV. 17 - W. 18)
8. J--) Solid Waste (Fig. IV. 17 - IV. 18)
9./%) Parks and Recreation (Fig. IV. 19 - IV.20)
Ecluestdan Trails (Fig. IV. 19 - IV.24/
Riv. Co. 800 Scale Ecluestdan Trail MAIDS)
11./% j Utilities (Fig. IV.25 - IV.26)
12. ~J Ubraries(Fig. IV.17-W. 18)
13./L] Health Services (Fig. IV. 17- IV. 18)
14. f~J Airports (Fig. 11.18.2-11.18.4,
11.18.8 - 11.18.10 & IV.27 - IV.36)
15 ~ Disaster Preparedness
16.. City Sphere of Influence
If all or pad 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. State the relevant land use designation(s):
2. Based on this initial study, is the proposal consistent with the policies and designations of the appropriate document.
and therefore consistent with the Comprehensive General Plan? If not, explain:
IV. LAND USE DETERMINATION (continued)
D. If all or part 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(ies) necessary to support the proposed projed. Also indicate land use type
(i.e. residential, commercial, etc.)
Current land use category(les) for the site based on existing conditions. Also indicate land use type
(i.e. residential, commercial, etc.)
3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain:
4. Community Plan designation(s):
Is the proposed project consistent with the policies and designations of the Community Plan?
If 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 Comprehensive General Plan?
ff not, reference by Section and Issue Number those issues identifying inconsistencies:
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:
Based on this initial study, is the proposal consisent with the 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 DATE ADEQUACY
SECTION/ INFORMATION INFORMATION INFORMATION DETERMINATION
ISSUE NO. REQUIRED REQUESTED 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 concems.
3. State specific mitigation measures, if identifiable without requiring an environmental impact report (E.I.R.)
4. If additional information is required before the environmental assessment can be completed, refer to
Subsection A.
5. If additional sheets are needed to complete this section, check the box at the end of the section and attach
the necessary sheets.
SECTION/
ISSUE NO.
SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES:
295-70 (New 12/87)
V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued)
SECTION/
ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES:
[] See attached pages.
VI. ENVIRONMENTAL IMPACT DETERMINATION:
[] The project will not have a significant effect on the environment and a Negative Declaration may be
prepared.
(or)
[] The project could have a significant effect on the environment; however, there 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: Date:
Prepared by
295-70 (New 12/87)
)/
/ \
t /
////
./
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASENO.:~rc~I /~Anf,
The followin9 fees were reviewed by Staff relative to their applicability to this
project.
Fee
Habitat Conservation Plan
I K-Rat)
Parks and Recreation
( Qu imby )
Public Facility
| Traffic Mitigation )
Public Facility
( Traffic Signal Mitigation)
Public Facility
( Library )
Fire Protection
Flood Control
(ADP)
Condition of Approval
Condition No.
Condition No. I L~
Condition No. L~C)
Condition No.
Condition No.
Condition No. [ 0
Condition No. ~L~
FormslPIn9-M9
P N~ COI~ISSION XINUTES NOVEK~ER ~ 1990
~a X~GLAND moved to continue Item Nos. ~,3,~ and 9 to
the meeting of November ~9, 1990, secondea Ky ~OMMISSIONER FAHEY.
AYES: 3
NOES: 0
A~'r: 2
HEARINGITEMS
COMMT~[IQN~RS:
COMMISSIONERS:
COMMISSIONERS:
~hey, Hoagland, Chiniaeff
None
Blair, Ford
4. PARCEL MAP NO. 25212/CHANGE OF ZONE NO. 5663
Proposal to sub-divide 5.02 acre lot into 4 residential
parcels and to change the existing R-R 2.1/2 to R-R
located at the northeast corner of Nicholas and Liefer
Roads.
OLIVER MUJICA provided the staff report on this item.
DOUG STEWART indicated the following modifications to the
Engineering Department Conditions of Approval Nos. 23 and
24, adding "or bonds for the street improvements may be
posted"; No. 26, delete street light and medians as
required improvements; No. 38, delete street lights and
side walks as required improvements.
COMMISSIONER CHINIAEFF opened the public hearing on this
item at 6:25 P.M.
TIM CROUGH, Durango Development, 41815 Hawthorne Street,
Murrieta, applicant, concurred With the findings in the
staff report; however, objected to the following
Engineering Conditions of Approval: Nos. 23, 24, 26, 29,
30, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, and 45. Mr.
Crough stated that he felt that these conditions were
excessive and the the improvements which are being
required were not consistent with the Subdivision Map Act.
He stated that he felt that the County Road Department
Conditions were more suitable for the area. He stated
that the cost of the improvements would exceed the lot
value. The applicant requested that the Commission
adopt the County Road Department conditions for street
improvements in-lieu of the Engineering Department street
conditions.
PCMINll/5/90 -2- NOVEMBER 16, 1990
PLI~r~IN~ COIO~ISSION MINUTES NOVEHBER 5, 1990
COMMISSIONER FAHEY questioned the proposed density in
relation to the surrounding area and stated that they
applicant should expect to do street improvements due
to the increase in density.
TIM CROUGH stated that he had no negative comments on
the proposed density. He added that they were not
opposing street improvements; however, they did disagree
with the magnitude of the improvements requested by the
Engineering Department.
COMMISSIONER HOAGLAND stated that a dirt road cul-de-sac
was not appropriate and the higher density for this area
was an important issue.
COMMISSIONER CHINIAEFF expressed concern for future
spliting of these lots and asked the applicant if they
would consider a minimum lot size for this area.
TIM CROUGH stated that they feel their proposal is a
suitable buffer.
COMMISSIONER HOAGLAND moved to close the public hearing
at 6:45 PM and adopt Resolution No. 90-[next] denying
adoption of a Negative Declaration for Change of Zone
No. 5663 and Parcel Map No. 25212;. not approve Change of
Zone No. 5663 and not approve Parcel'Map No. 25212,
seconded by COMMISSIONER FAHEY, based on their concerns
of sett'ing a-precedent of the entire area, for smaller
lot sizes. The Commission felt that the improvements
being requested by staff were appropriate for the
proposal.
AYES: 3
NOES: 0
ABSENT: 2
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Fahey, Hoagland, Chiniaeff
None
Blair, Ford
APPEAL NO. 7/PLOT PLAN 11149
Proposal to %pneal County Rosa Cundition No. 8 requiring
street lights on 'un~ r~-~3~ct located on the west side of
Jefferson Ave,,U~, south of Overlna,a Pnad.
STEVE JIANNINO provided the staff report on this item.
PCMIN11/5/90 -3- NOVEMBER 16, 1990
ITEM NO. 10
APPROVAL{~j~
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Planning Department
November 27, 1990
Vesting Tentative Map No. 25082 and
Change of Zone No. 5613
PREPARED BY:
Mark Rhoades
RECOMMENDATION:
Adopt Resolution No. 90- denying Change of Zone No.
5613 and denying Vesting Tentative Tract Map No. 25082.
APPLICATION INFORMATION
APPLICANT:
Pavillion Homes, Inc.
REPRESENTATIVE:
PROPOSAL:
C-M Engineering
Change of Zone from R-R 1/2 to R-l, Vesting
Tentative Tract to create 109 single family lots.
LOCATION:
Southeast corner of Nicolas Road and Calle Medusa.
EXISTING ZONING:
R-R 1/2
(Rural Residential, Half Acre Minimum
Lot Size)
SURROUNDING ZONING:
North: R-R 2 1/2
South: R-T
East: R-R 1/2
West: R-R 2 1/2
(Rural Residential, Two
and One-Half Acre
Minimum Lot Size)
( Mobile Home Subdivision
and Mobile Home Park)
( Rural Residential, Half
Acre Minimum Lot Size)
( Rural Residential, Two
and One-half Acre
Minimum Lot Size)
STAFFR PT\VTM25082 1
PROPOSED ZONING:
PROJECT STATISTICS:
BACKGROUND:
R-1 (Single Family Residential, 7,200 sq.ft.
Minimum Lot Size)
Number of Acres:
Number of Units:
Minimum Proposed Lot Size:
Minimum Permitted Lot Size:
Proposed Density:
35
109
7,200 sq. ft.
7,200 sq.ft.
3.1 Units/Acre Gross
On November 5, 1990, the Planning Commission, at
its regular scheduled meetin9, held a public hearin9
on the above referenced projects. The Commission
forwarded a recommendation of denial to the City
Council by a vote of 3-0 with two (2) Commissioners
absent.
In cases of subdivision, the project may not be
approved if the Council makes any of the following
findings:
a)
That the proposed land division is not
consistent with applicable general and
specific plans.
b)
That the design or improvement of the
proposed land division is not consistent with
applicable general and specific plans.
c)
That the site of the proposed land division is
not physically suitable for the type of
development.
dl
e)
f)
g)
That the site of the proposed land division is
not physically suitable for the proposed
density of the development.
That the design of the proposed land division
or proposed improvements are likely to cause
substantial environmental damage or
substantially and unavoidably injure fish or
wildlife or their habitat.
That the design of the proposed land division
or the type of improvements are likely to
cause serious public health problems.
That the design of the proposed land division
or the type of improvements will conflict with
easements, acquired by the public at large,
for access through, or use of, property
within the proposed land division. A land
division may be approved if it is found that
alternate easements for access or for use will
STAFF R PT\VTM25082 2
STAFF RECOMMENDATION:
MR:ks
Attachments:
be provided and that they will be
substantially equivalent to ones previously
acquired by the public. This subsection
shall apply only to easements of record or to
easements established by judgment of a court
of competent jurisdiction.
In this case, the Commissioners raised concerns
regarding the density of the project and the
precedence set for the area with approval of the
requested zone change. The Commissioners
recommended that the zone change application be
changed with the southern portion of the tract on
the bluff area being zoned R-1 (Single Family
Residential) and the area along Nicolas Road to
remain R-R-l/2 to provide a buffer to the larger
rural lots to the north and east of the project.
The applicant did not wish to pursue the
Commission's recommendation and requested that his
project be forwarded to the City Council for final
action.
As of the writing of this report, the applicant had
not yet mitigated flooding concerns along Santa
Gertrudis Creek· The Riverside County Flood
Control maintains its recommendation of denial for
the proposed vesting tentative map.
Each of the Planning Commission's findings are
covered in the attached Resolution. Accordingly,
the Planning Department Staff recommends that the
City Council:
ADOPT Resolution No. 90- denying
Change of Zone No. 5613 and denying Vesting
Tentative Tract Map No. 25082.
Exhibits
Resolution
Planning Commission Staff Report
dated November 5, 1990
Planning Commission Minutes
dated November 5, 1990
STAFF R PT\VTM25082 3
LOCATION ~r~, ~~-
:'r~ RD
yIr
,.' II
Ii
I1
'
25082
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.:
The following fees were reviewed by Staff relative to their applicability to this
project.
Fee
Habitat Conservation Plan
(K-Rat)
Parks and Recreation
( Quimby )
Public Facility
( Traffic Mitigation)
Public Facility
(Traffic Signal M~tigation)
Public Facility
(Library)
Fire Protection
Flood Control
(ADP)
Condition of Approval
Condition No. 19
Condition No. 20
Condition No.
Condition No. ~3
Condition !'4o. 18. a.
Condition No. 11
Condition No. 58
STAFFRPT\VTM25082
$TER PROPERTI~E,S
SP 213 _,
/ ~
/
/
/
AC_
h
ZONING
.1
_#
'% I
I
I.'
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING CHANGE OF ZONE NO 5613 AND
VESTING TENTATIVE TRACT MAP NO. 25082 TO
SUBDIVIDE A 35 ACRE PARCEL INTO A 109 UNIT SINGLE
FAMILY SUBDIVISION AT THE SOUTHEAST CORNER OF
CALLE MEDUSA AND NICOLAS ROAD.
WHEREAS, C-M Engineerin9 filed Change of Zone No. 5613 and Vestin9
Tentative Tract Map No. 25082 in accordance with the Riverside County Land Use,
Zoning, Planning and Subdivision Ordinances, which the City has adopted by
reference;
WHEREAS, said Change of Zone and Vesting Tentative Tract Map
application was processed in the time and manner prescribed by State and local law;
WHEREAS, the City Council considered said Change of Zone and Vesting
Tentative Tract Map on November 27, 1990, at which time interested persons had an
opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the Council hearing, the Council denied
said Change of Zone and Vesting Tentative Tract Map;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findinqs. That the Temecula City Council hereby makes
the following findings:'
A. Pursuant to Government Code Section 65360, a newly
incorporated city shall adopt a general plan within thirty (30) months
following incorporation. During that 30-month period of time, the city
is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the
general plan, if all of the following requirements are met:
(1} The city is proceeding in a timely fashion with the
preparation of the general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
STAFFRPT\VTM25082 1
(a)
There is a reasonable probability that the
land use or action proposed will be consistent
with the general plan proposal being
considered or studied or which will be
studied within a reasonable time.
(b)
There is not a 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.
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 Zone Change and Vestin9 Tentative Tract
Map is consistent with the SWAP. However, the SWAP designation for
the property that is the subject of this proposed Zone Change and
Vesting Tentative Tract Map ( hereafter the "Property" ) is inconsistent
with the future General Plan, to wit:
(1) The City Council finds, in denying the application
that:
(a)
There is reasonable probability that Change
of Zone No. 5613 and Vesting Tentative Tract
Map No. 25082 proposed will not be consistent
with the general plan proposal which will be
studied within a reasonable time in that the
area along Nicolas Road should remain R-R-
1/2 to provide a buffer to the larger rural
lots to the north and east of the property.
(b)
There is a 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 change in zone classification is
not reasonable and beneficial at this time as it
is a logical expansion of residential uses
which exist adjacent to, and in the vicinity
of, the project site along Nicolas Road.
STA FFR PT\VTM25082 2
D. (1) Pursuant to Section 7.1 of County Ordinance No.
460, and subdivision may be approved if any of the followin9 findings
are made:
a)
That the proposed land division is not
consistent with applicable general and
specific plans.
b)
That the design or improvement of the
proposed land division is not consistent with
applicable general and specific plans.
c)
That the site of the proposed land division is
not physically suitable for the type of
development.
d)
That the site of the proposed land division is
not physically suitable for the proposed
density of the development.
e)
That the design of the proposed land division
or proposed improvements are likely to cause
substantial environmental damage or
substantially and unavoidably injure fish or
wildlife or their habitat.
f)
That the design of the proposed land division
or the type of improvements are likely to
cause serious public health problems,
That the design of the proposed land division
or the type of improvements will conflict with
easements, acquired by the public at large,
for access through, or use of, property
within the proposed land division. A land
division may be approved if it is found that
alternate easements for access or for use will
be provided and that they will be
substantially equivalent to ones previously
acquired by the public. This subsection
shall apply only to easements of record or to
easements established by judgment of a court
of competent jurisdiction.
(2) The Council in denying the proposed Zone Change
and Parcel Map, makes findings (a) and (b) in light of the
inconsistency with the future General Plan. Further, the Council
makes finding (c), (d), and (f), to wit:
STA FFR PT\VTM25082 3
(a)
The site is not suitable to accommodate the
proposed land use in terms of the size and
shape of the lot configurations, access, and
density. The project does not conform to the
surrounding area development along Nicolas
Road
(b)
The site is within the floodway and floodplain
of Santa Certrudis Creek.
SECTION 2__= The City of Temecula City Council hereby denies Change
of Zone No. 5613 and Vesting Tentative Tract Map No. 25082 for the subdivision of
a 35 acre parcel into a 109 unit subdivision located at Calle Medusa and Nicolas Road
based on the above findings.
DENIED AND ADOPTED this 27th day of November, 1990.
RONALD J. 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
27th day of November, 1990 by the following vote of the Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
JUNE S. GREEK
DEPUTY CITY CLERK
STA F F R PT\VTM25082 4
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 25082
Council Approval Date:
Expiration Date:
Planninq Department
The tentative subdivision shall comply with the State of California Subdivision
Map Act and to all the requirements of Ordinance 460, Schedule A, unless
modified by the conditions listed below.
This conditionally approved tentative map will expire two years after the City
Council approval date, unless extended as provided by Ordinance 460,
The final map shall be prepared by a licensed land surveyor subject to all the
requirements of the State of California Subdivision Map Act and Ordinance
460.
e
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.
Any delinquent property taxes shall be paid prior to recordation of the final
map.
Legal access as required by Ordinance 460 shall be provided from the tract
map boundary to a County/City 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 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 they are located within the land
division boundary. All offers of dedication and conveyances shall be
submitted and recorded as directed by the City Engineer.
Subdivision phasing, including any proposed common open space area
improvement phasing, if applicable, shall be subject to Planning Department
approval· Any proposed phasing shall provide for adequate vehicular access
to all lots in each phase, and shall substantially conform to the intent and
purpose of the subdivision approval.
STAFF R PT\VTM25082 1
10.
11.
12.
13.
lq.
15.
16.
The applicant shall comply with the environmental health recommendations
outlined in the County Health Department's transmittal dated September 11,
1990, a copy of which is attached.
The applicant shall comply with the fire improvement recommendations outlined
in the County Fire Department's letter dated February 7, 1990, a copy of
which is attached.
All proposed construction shall comply with the California Institute of
Technology, Palomar Observatory Outdoor Lightin9 Policy, as outlined in the
Southwest Area Plan.
The applicant shall comply with the recommendations outlined in the Rancho
Water District transmittal dated November 20, 1990, a copy of which is
attached·
Lots created by this subdivision shall comply with the following:
Lots created by this subdivision shall be in conformance with the
development standards of the R-1 (Single Family) zone.
be
Graded but undeveloped land shall be maintained in a weed-free
condition and shall be either planted with interim landscaping or
provided with other erosion control measures as approved by the
Director of Building and Safety.
The developer shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems until such time as those operations
are the responsibilities of other parties as approved by the Planning Director.
Prior to the issuance of GRADING PERMITS the following conditions shall be
satisfied:
(1)
Prior to the issuance of grading permits, detailed slope and reverse
frontage area landscaping and irrigation plans shall be submitted for
Planning Department approval for the phase of development in process.
The plans shall be certified by a landscape architect, and shall provide
for the following:
Permanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation.
be
All utility service areas and enclosures shall be screened from
view with landscaping and decorative barriers or baffle
treatments, as approved by the Planning Director, Utilities shall
be placed underground.
Ce
Parkways 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
STAFF R PT\VTM25082 2
17.
18.
specimen trees· Front yards shall be landscaped and street trees
planted.
Wall plans shall be submitted for the project perimeter and along
Nicolas Road, Calle Medusa, and Calle Girasol. Wooden fencing
shall not be allowed on the perimeter of the project. All lots with
slopes leading down from the lot shall be provided with gates in
the wall for maintenance access.
Landscaping plans shall incorporate the use of specimen accent
trees at key visual focal points within the project.
fe
Where 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.
Landscaping plans shall incorporate native and drought tolerant
plants where appropriate.
All existing specimen trees and significant rock outcroppings on
the subject property shall be shown on the project's grading
plans and shall note those to be removed, relocated and/or
retained.
All trees shall be minimum double staked. Weaker and/or slow
growing trees shall be steel staked.
Prior to the issuance of grading permits, a qualified paleontolo9ist shall be
retained by the developer on site during all gradin9 operations for
consultation and comment on the proposed gradin9 with respect to potential
paleontological impacts. Should the paleontologist find the potential is high
for impact to significant resources, a pre-grade meeting between the
paleontologist and the excavation and grading contractor shall be arranged.
When necessary, the paleontologist shall have the authority to temporarily
divert, redirect or halt gradin9 activity to allow recovery of fossils.
Pursuant to the recommendations outlined in the San Bernardino County
Museum letter dated September 14, 1990, attached. This condition shall be
reproduced in its entirety on the Environmental Constraint Sheet of the Final
Map prior to recordation.
Prior to the issuance of BUILDING PERMITS the following conditions shall be
satisfied:
No buildin9 permits shall be issued by the City for any residential
lot/unit within the project boundary until the developer's successor's-
in-interest provides evidence of compliance with public facility
financin9 measures. A cash sum of one-hundred dollars ($100) per
lot/unit shall be deposited with the City as mitigation for public library
development.
STAFF R PT\VTM25082 3
19.
20.
21.
22.
All buildin9 plans for all new structures shall incorporate, all required
elements from the subdivision's approved fire protection plan as
approved by the County Fire Marshal.
Ce
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 the tract requiring
landscapin9 and irrigation to be installed including, but not limited to,
parkway planting, street trees, slope planting, and individual front
yard landscaping.
All dwellings to be constructed within this subdivision shall be designed
and constructed with fire retardant ( Class A ) roofs as approved by the
Fire Marshal.
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.
Roof-mounted equipment shall be shielded from view of surrounding
property.
Building separation between all buildings including fireplaces shall not
be less than ten (10) feet.
h. All street side yard setbacks shall be a minimum of ten (10) feet.
i. All front yards shall be provided with landscaping and automatic
irrigation.
Prior to the issuance of a grading permit, the applicant shall comply with the
provisions of Ordinance No. 663 by paying the appropriate fee set forth in
that ordinance. Should Ordinance No. 663 be superseded by the provisions
of a Habitat Conservation Plan prior to the payment of the fee required by
Ordinance No. 663, the applicant shall pay the fee required by the Habitat
Conservation Plan as implemented by County ordinance or resolution.
Prior to issuance of building permits, prior to recording of final map, or
unless waived to prior to issuance of building permits, applicant shall be
required to pay applicable Quimby Fees in accordance with Section 10.35 of
Ordinance 460.
Prior to the issuance of grading permits, final grading plans shall include the
recommendations outlined in the County Engineering Geologist's letter dated
January 4, 1990, attached.
Prior to the recordation of the final map and issuance of any grading permits,
the applicant shall obtain map approval and submit a letter of acceptance from
the Riverside County Flood Control Department for Vesting Tentative Map No.
25082.
STAFFRPT\VTM25082 4
23.
Prior to recordation of the final map or the issuance of any 9radin9 permits,
the applicant shall submit a cultural resources assessment which includes
mitigation measures for any identified cultural resources, pursuant to the
comments received from the University of California Riverside, Archaeological
Research Unit, dated September 4, 1990, attached.
24.
Prior to issuance of any occupancy permits, the applicant shall submit a letter
of approval from the United States Postal Service reflectin9 a centralized mail
delivery system.
25.
Prior to issuance of grading permits, a precise grading plan will be submitted
and approved which addresses all 2:1 slopes on site. Said plan shall
incorporate contour grading, post and beam construction, or split level
construction wherever feasible. This plan is subject to the approval of the
Plannin9 Director and the City Engineer.
En.clineerin.q Department
The following are the Engineering Department Conditions of Approval for this
project, and shall be completed at no cost to any Government Agency. All questions
regardin9 the true meanin9 of the conditions shall be referred to the Engineerin9
Department,
It is understood that the Developer correctly shows all existing easements, traveled
ways, and drainage courses, and their omission may require the project to be
resubmitted for further consideration.
26.
The Developer shall comply with the State of California Subdivision Map Act,
and all applicable City Ordinances and Resolutions.
27.
The final map shall be prepared by a licensed land surveyor or registered
Civil Engineer, subject to all the requirements of the State of California
Subdivision Map Act and Ordinance No. 460.
PRIOR TO FINAL MAP APPROVAL:
28. The developer shall receive written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control District;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department; and
CATV Franchise.
STAFFRPT\VTM25082 5
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
The following landscaped slopes are required to be annexed into the landscape
maintenance districts:
Lot 31-35
Lot 36-39
Prior to final map, the subdivider shall notify the City's CATV Franchises of
the Intent to Develop. Conduit shall be installed to CATV Standards at time
of street improvements.
In the event road or off-site right-of-way are required to comply with these
conditions, such easements shall be obtained by the developer; or, in the
event the City is required to condemn the easement right-of-way, as provided
in the Subdivision Map Act, the developer shall enter into an agreement with
the City for the acquisition of such easement at the developer's cost pursuant
to Government Code Section 66462.5, which shall be at no cost to the City.
Streets A, C, D, F, and H shall be improved with 40 feet of asphalt concrete
pavement within the dedicated right-of-way in accordance with County
Standard No. 104, A (40/60}.
Streets B, E, and G shall be improved with 40 feet of asphalt concrete
pavement within the dedicated right-of-way in accordance with County
Standard No. 800 Cul-de-sac.
Nicolas Road shall be improved with 43 feet of half street improvements plus
one 12' lane within a 55 foot half street dedicated right-of-way, plus
dedication for an additional 12 foot lane, in accordance with County Standard
No. 100 (86/110).
Calle Medusa Road shall be improved with 22 feet of half street improvements
within a 33 foot half street dedicated right-of-way in accordance with County
Standard No. 103, Section A (44/66).
Calle Girasol shall be improved with 22 feet of half street improvements plus
one 12 foot lane within a 33 foot half street dedicated right-of-way, plus
dedication for an additional 12 foot lane, in accordance with County Standard
No. 103, Section A (44/66).
Vehicular access shall be restricted on Nicolas Road, Calle Medusa, and Calle
Girasol, and so noted on the final map.
Corner property line cut off shall be required for Riverside County Standard
No. 805.
Peggy Lou Lane shall be vacated concurrently with the recordation of TR
25082.
S TA FF R PT\VTM25082 6
4O.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
The subdivider shall construct or post security and an agreement executed
guaranteeing the construction of the following public improvements in
conformance with applicable City standards.
Street improvements, including, but not limited to:
and gutter, sidewalks, drive approaches, street
striping, and traffic control devices as appropriate.
pavement, curb
lights, signing,
b. Storm drain facilities.
c. Landscaping.
d. Sewer and domestic water systems.
The street design and improvement concept of this project shall be coordinated
with adjoining developments.
Street lights shall be provided along streets adjoining the subject site in
accordance with the standards of Ordinance No. 461 and as approved by the
City Engineer.
Prior to recordation of the final map, the developer shall deposit with the
Engineering Department a cash sum as established, per lot, as mitigation
towards traffic signal impacts. Should the developer choose to defer the time
of payment of traffic signal mitigation fee, he may enter into a written
agreement with the City deferring said payment to the time of issuance of a
building permit.
Street names shall be subject to the approval of the City Engineering
Department.
The minimum centerline radii shall be 300 feet or as approved by the City
Engineer.
All street centerline intersections shall be at 90 degrees or as approved by the
City Engineer.
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 City Engineer.
A minimum centerline street grade shall be 0.50 percent.
All driveways shall conform to the applicable County of Riverside standards
and shall be shown on the street improvement plans, in accordance with
County Standard 400 and 401 (curb sidewalk).
All driveways shall be located a minimum of two (2) feet from the property
line.
S TA FF R PT\VTM25082 7
51.
The subdivider shall submit four prints of a comprehensive grading plan to
the Engineering Department. The plan shall comply with the Uniform Building
Code, Chapter 70, and as may be additionally provided for in these Conditions
of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil
Engineer.
52.
The developer shall comply with the requirements of the Riverside County
Flood Control District.
53.
The subdivider shall submit four copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological
conditions of the site.
54.
A hydrology study shall be submitted to and approved by the City Engineer.
All drainage facilities shall be installed as required by the City Engineer.
PRIOR TO ISSUANCE OF GRADING PERMITS:
55.
Prior to any work being performed in public right-of-way, fees shall be paid
and an encroachment permit shall be obtained from the City Engineer's Office,
in addition to any other permits required.
56.
A grading permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-of-
way.
57.
All lot drainage shall be to the street by side yard drainage swales
independent of any other lot.
58.
A flood mitigation charge shall be paid. The charge shall equal the prevailing
Area Drainage Plan fee rate multiplied by the area of new development. The
charge is payable to the Flood Control District prior to issuance of permits.
If the full Area Drainage Plan fee or mitigation charge has already credited to
this property, no new charge needs to be paid.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
59.
A precise grading plan shall be submitted to the Engineering Department for
review and approval. The building pad shall be certified by a registered Civil
Engineer for location and elevation, and the Soil Engineer shall issue a Final
Soils Report addressing compaction and site conditions.
60.
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Standards and accepted grading practices. The
final grading plan shall be in substantial conformance with the approved
grading plan.
STAFFRPT\VTM25082 8
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
61.
Construct full street improvements including but not limited to, curb and
gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and
street lights on all interior public streets.
62.
Existing city roads requiring construction shall remain open to traffic at all
times with adequate detours during construction.
63.
Asphaltic emulsion (fog seal) shall be applied not less than 14 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 Nos. 37, 39, and
94 of the State Standard Specifications.
64.
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.
Transportation En.qineerinq
PRIOR TO RECORDATION:
65.
A signing and striping plan shall be designed by a registered traffic
engineer, and approved by the City Engineer, for Calle Girasol, Calle
Medusa, Nicolas Road, Street "A", and Street "H" and shall be included with
the street improvement plans.
66.
Prior to designing any of the above plans, contact Transportation Engineerin9
for the design criteria.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
67.
All signing and striping shall be installed per the City standards and the
approved signing and striping plan.
STAFFRPT\VTM25082 9
'- Notice of Pubic Hearing
THE CITY OF TEMECULA
43172 Business Park Drive
Temecula, CA 93290
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the
matter(s) described below.
Case No:
Applicant:
Location:
Proposal:
Change of Zone No. 5613/Vesting Tentative Tract Map 25082
Pavilion Homes
Northeast Corner of Calle Medusa and Nicholas Road
Change of Zone from R-R I/2 to R-l, and create 109 single
family lots on 3.5 acres
Environmental
Action: Deny
Any person may submit written comments to the City Council before the hearing(s) or may
appear and be heard in support of or opposition to the approval of the project(s) at the time of
hearing. If you challenge any of the projects in court, you may be limited to raising only those'
issues you or someone else raised at the pubic hearing(s) described in this notice, or in writte~
correspondences delivered to the City Clerk at, or prior to, the pubic hearing(s). The proposed-
project application(s) may be viewed at the public information counter, Temecula Planning
Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM.
Questions concerning the project(s)may be addressed to Mark Rhoades, City of Temecula
Planning Department, (714)694-6400.
PLACE OF HEARING
DATE OF HEARING
TIME OF HEARING
Temecula Community Center
28816 Pujol Street
Temecula
Tuesday. November 27. 1990
7:00 PM
V/6/N/ TY MAP
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
November 5 1990
Case No.: Vesting Tentative Map No. 25082
Change of Zone No. 5613
Prepared By: Mark Rhoades
Recommendation: Denial
APPLICATION INFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCATION:
EXISTING ZONING:
SURROUNDING ZONING:
PROPOSED ZONING:
EXISTING LAND USE:
SURROUNDING LAND USES:
Pavillion Homes, Inc.
C-M Engineering
Change of Zone from R-R 1/2 to R-l, Vesting
Tentative Tract to create 109 single family lots.
Southeast corner of Nicolas Road and Calle Medusa.
R-R 1/2
(Rural Residential, Half Acre Minimum
Lot Size)
North: R'R 2 1/2
South: R-T
East: R-R 1/2
West: R-R 2 1/2
I Rural Residential, Two
and One-Half Acre
Minimum Lot Size)
{ Mobile Home Subdivision
and Mobile Home Park)
I Rural Residential, Half
Acre Minimum Lot Size)
I Rural Residential, Two
and One-half Acre
Minimum Lot Size)
R-1 {Single Family Residential, 7,200 sq.ft.
Minimum Lot Size)
Low Density Single Family/Vacant
North:
South:
East:
West:
Vacant
Single Family (7,200sq.ft. rain. lotsize)
Vacant
Church Under Construction
ST A FF R PT\VTM25082 I
PROJECT STATISTICS:
BACKGROUND:
PROJECT DESCRIPTION:
Number of Acres:
Number of Units:
Minimum Proposed Lot Size:
Minimum Permitted Lot Size:
Proposed Density:
35
109
7,200 sq.ft.
7,200 sq.ft.
3.1 Units/Acre Gross
This project was originally filed at the Riverside
County Planning Department on September 28, 1989.
The file was transferred to the City of Temecula in
April of 1990. Since that time Staff has met with the
applicant on several occasions to discuss flood
concerns, proposed density, and grading. The
proposal was taken to Preliminary Development
Review on September 13, 1990, and Final
Development Review on October 11, 1990.
Zone Chanqe
Change of Zone No. 5613 is a proposal to change the
zone of 35 acres from R-R-l/2 {Rural Residential,
Half Acre Lot Size Minimum), to R-1 {Single Family
Residential, 7,200 Square Foot Lot Size Minimum).
The project is surrounded by R-R-2 1/2 {Rural
Residential, Two and One-Half Acre Lot Size
Minimum) to the north, west and southeast, and R-
T [ Residential-Transition) to the south. Easterly
of the project is existing R-R 1/2 zoning.
The R-T zone to the south is currently developed to
single family residential standards with 7,200
square foot minimum lot sizes. However, separating
the proposed project and existing residential
development is a significant topographic feature in
the form of a substantial natural bluff.
The existing use to the west is a church which is
under construction. To the north is Santa
Gertrudis Creek, vacant land, and some very low
density single family rural residential. The
Commission recently approved Tentative Tract No.
2500Ll which is northwesterly of'this project. Tract
2500L1 is providing buffer zoning between adjacent
high density County Specific Plans and lower
density development to the south and east. Tract
2500L~ is an R-1 tract which will dedicate
approximately 15 acres of open space to the City.
This open space separates Tract 25004 from existing
R-R 2 1/2 zoning to the east. Westerly of proposed
Vesting Tentative Map No. 25082, there are some
STAFFR PT\VTM25082 2
very low density rural residential uses and vacant
open land.
Staff has determined that the proposed zone change
is inconsistent with area development. The project
proposes 3.1 units per gross acre. This density is
inconsistent with the current rural development and
zoning to the north, east, and west. Higher
density zoning does occur to the south however, it
is topographically separated. It is Staff's opinion
that the current zoning of R-R-l/2 on the subject
site provides adequate buffer zoning and is
consistent with the rural nature of the area. It
logically separates the two and one-half acre parcels
to the north, west, and east, and the high density
single family subdivision to the south.
Vestinq Tentative Tract Map
Vesting Tentative Tract Map No. 25082 is an
application to subdivide 35 acres into 109 single
family lots. The density of the proposed project is
dependent on the approval of Change of Zone No.
5613.
Lot Size
The minimum proposed lot size is 7,200 square feet.
The maximum lot size is 36,000 square feet with an
average lot size of just over 9,700 square feet. The
minimum lot size in the proposed R-1 zone is 7,200
square feet. The average lot size of 9,700 square
feet includes a large number of lots containing 2:1
slopes in the rear yard. The slopes on one bank of
lots average approximately 50' in length and 25 feet
in height. If the proposed zone change is not
approved, then the proposed subdivision cannot be
approved, based on zoning compliance. The R-R
1/2 zoning would require new lot sizes of 112 acre
which could reduce the grading on the project site.
Parks
No area is being set aside for open space. The
applicant would be required to pay applicable
Quimby fees in the event that the project was
approved.
STAFFR PT\VTM25082 3
Access
Access will be taken from Calle Girasol, and the
currently impacted Calle Medusa. Direct access
from the tract will not be allowed onto Nicolas Road.
Architecture
Currently, there is not a specific product slated for
construction under this proposal. Design
guidelines were submitted which include some
general criteria for design and landscaping. The
proposed landscape guidelines are minimal in
representation. Final landscaping would require
separate permit if the project were approved. The
guidelines are rather general and do not specifically
address this tract. The guidelines do not provide
details on large graded slopes proposed on some lots
or the method that flood control will be achieved.
Gradinq
Approximately 350,000 cubic yards will be moved on
the 35 acres covered by this proposal. The
proposed grading will create some substantial 2:1
slope areas. The applicant submitted cross sections
revealing that as much as 50 vertical feet of earth
will be removed from some areas.
GENERAL PLAN AND
SWAP CONSISTENCY:
The City of Temecula has elected to use SWAP on an
advisory basis. The SWAP designation for this
project is residential 2-4 dwelling units per acre.
The proposed density is 3.1 units per gross acre
which is consistent with SWAP. Staff's
recommendation for the zoning to remain R-R-l/2
will keep the density at two 12) units per acres.
The existing density of two units per acre is also in
conformance with the current SWAP designation.
Staff is concerned that the proposal may not be in
conformance with the City's future adopted General
Plan. Currently, the area in question exhibits a
very rural and low density residential character. If
the City's future General Plan exhibits a
designation which would preserve that character,
then this project would not be consistent.
STAFFRPT\VTM25082 4
ENVIRONMENTAL
DETERMINATION:
A Preliminary Environmental Assessment was
conducted by Staff. The following areas of
potential impact were reviewed in detail:
Bioloqy
A Biological Study was conducted which identified
no existing Stephen's Kangaroo Rats on site. No
other biological impacts were identified.
C;radinq
The proposed grading plan is currently
unacceptable to the Engineering Department. The
primary issue that the grading plan does not
address adequately is the flooding potential on the
lower portions of the site. A new grading plan will
need to be submitted which adequately addresses
this issue.
Floodinq
Staff has received two memorandums from the
County Flood Control District relating to this
project. The memos were written on April 12 and
October 10 of 1990..and are attached to this report
as exhibits. The Flood Control District has stated
that the applicant, "has not presented a realistic
solution to the flood hazard from Santa Gertrudis
Creek." The design and channelization of the creek
needs to be coordinated with the Engineering
Department, State Fish and Game, United States
Fish and Wildlife, and County Flood Control. As
presented, the project poses serious potential
threats to the public health, safety, and welfare.
In the event findings are made to approve this
project, Conditions of Approval have been included
which require the project to obtain flood control
clearance prior to the issuance of any grading
permits.
Engineering has indicated that regional facilities will
need to be constructed for Santa Gertrudis Creek.
This entails the extension of Assessment District
161, Channel Improvements.
ST A FF R PT\VTM25082 5
A third Flood Control letter (attached) was received
by the Planning Department on October 30, 1990.
The third letter states that the Flood Control
District will not even condition this project until a
"viable flood control construction program" is in
existence. Riverside County Flood Control has also
stated that this project should not be cleared and
recommends denial of the project.
Environmental Conclusion
Staff has concluded that significant environmental
impacts may occur because of the proposed density,
grading, and unmitigated potential flooding impact.
However, if the Commission chooses to make the
findings necessary to approve this project,
Conditions of Approval have been included for the
project to move forward. Mitigation measures for a
mitigated Negative Declaration are conditioned to be
met with additional approvals from County Road
Control and the City Engineer prior to any grading
taking place or the recordat,on of the map or portion
of the map.
FINDINGS:
Chanqe of Zone No. 5613
The proposed zone change may have a
significant adverse effect on the
environment, as determined in the initial
study performed for this project.
a)
See Environmental Concerns section of
this report.
There is a reasonable probability that the
zone change from R-R 2.5 to R-1 will not be
consistent with the future General Plan·
Further, densities and uses proposed are not
similar to existing densities and uses in the
vicinity of the project site.
a) See Zone Change section of this
report.
ST A FF R PT\VTM25082 6
There is a reasonable probability of
substantial detriment to, or interference
with, the future and adopted General Plan, if
the proposed use or action is ultimately
inconsistent with the plan.
a)
See SWAP consistency section of this
report.
The proposed change in district classification
is not reasonable and beneficial at this time as
it is a logical expansion of residential uses
which exist adjacent to, and in the vicinity
of, the project site.
a)
See Zone Change section of this
report.
The site of the proposed change in district
classification is not suitable to accommodate
all the land uses currently permitted in the
proposed zoning district. Possible land use
conflicts are likely to arise as the project
proposes residential uses which are not
similar to those existing in the general
vicinity of the subject site.
a)
See Zone Change, Lot Size, and
Grading sections of this report.
That said findings are supported by analysis,
minutes, maps, exhibits, and environmental
documents associated with this application
and herein incorporated by reference.
Vestinq Tentative Tract No. 25082
There is a reasonable probability that Vesting
Tentative Tract No. 25082 will not be
consistent with the City~s future General
Plan, which will be completed within a
reasonable time in accordance with State Law.
a)
See SWAP Consistency section in this
report.
STAFFRPT\VTM25082 7
There is a likely probability of substantial
detriment to or interference with the future
and adopted Ceneral Plan, if the proposed
use or action is ultimately inconsistent with
the plan.
a)
See SWAP Consistency section in this
report.
The proposed site is unsuitable to
accommodate the proposed land use in terms
of the size and shape of the lot
configurations, circulation patterns, access,
and density.
a)
See Grading, Environmental Concerns,
Change of Zone, Vesting Tentative Map
and Lot Size sections of this report.
The project as designed will adversely affect
the public health or welfare.
a)
See Environmental Concerns section in
this report.
Vesting Tentative Tract No. 25082 is not
compatible with surrounding land uses.
a)
See Change of Zone and General Plan
sections of this report.
The proposal will have an adverse affect on
surrounding property, because it does
represent a significant change to the present
or planned land use of the area.
a)
See Change of Zone and General Plan
sections of this report.
The project as designed and may adversely
affect the built or natural environment as
determined in the Initial Study for this
project.
a)
See Environmental Concerns section in
this report.
STAFF R PT\VTM25082 8
That said findings are supported by minutes,
maps, exhibits, and environmental documents
associated with this application are herein
incorporated by reference.
STAFF RECOMMENDATION:
Planning Department Staff recommends
Planning Commission forward the
recommendation to the City Council:
that the
following
DENIAL of Change of Zone 5613, based on the
analysis and findings contained in the Initial
Study and Staff Report; and,
DENIAL of Vesting Tentative Tract No.
25082, based on the analysis and findings
contained in the Staff Report, subject to the
attached Conditions of Approval·
MR:ks
ST A FF R PT\VTM25082 9
RESOLUTION NO. 90-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING VESTING TENTATIVE
TRACT MAP NO. 25082 TO SUBDIVIDE A 35 ACRE
PARCEL INTO A 109 UNIT SINGLE FAMILY SUBDIVISION
AND CHANGE OF ZONE AT THE SOUTHEAST CORNER OF
CALLE MEDUSA AND NICOLAS ROAD.
WHEREAS, C-M Engineerin9 filed Change of Zone No. 5613 and Vestin9
Tentative Tract Map No. 25082 in accordance with the Riverside County Land Use,
Zonin9, Plannin9 and Subdivision Ordinances, which the City has adopted by
reference;
WHEREAS, said Change of Zone and Vesting Tentative Tract Map
application was processed in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered said Change of Zone and
Vesting Tentative Tract Map on November 5, 1990, at which time interested persons
had an opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
denial of said Change of Zone and Vesting Tentative Tract Map;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTI~ON 1. Findinqs. That the Temecula Planning Commission hereby
makes the following findings:
A. Pursuant to Government Cede Section 65360, a newly
incorporated city shall adopt a general plan within thirty (30) months
following incorporation. During that 30-month period of time, the city
is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the
general plan, if all of the following requirements are met:
(1) The city is proceeding in a timely fashion with the
preparation of the general plan.
( 2 ) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
j STAFF R PT\VTM25082 1
There is a reasonable probability that the
!and use or action proposed will not be
consistent with the general plan proposal
being considered or studied or which will be
studied within a reasonable time.
Ib)
There is a 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.
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 Vesting Tentative Tract Map is consistent
with the SWAP and does not meet the requirements set forth in Section
65360 of the Government Code, to wit:
(1) The city is proceeding in a timely fashion with a
preparation of the general plan.
(2) The Planning CommisSion finds, in approving projects
and taking other actions, including the issuance of
building permits, pursuant to this title, each of the
following:
There is reasonable probability that Vesting
Tentative Tract Map No. 25082 proposed will
not be consistent with the general plan
proposal being considered or studied or
which will be studied within a reasonable
time.
Ib)
There is a 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 does not comply
with all other applicable requirements of state
law and local ordinances.
STAFF R PT\VTM25082 2
D. Pursuant to Section 6.5, no Tentative Tract 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 Tract Map approved shall be subject to
such conditions as shall be necessary to protect the health, safety and
general welfare of the community.
E. The Change of Zone and Vesting Tentative Tract Map will
not promote the health, safety and welfare of the community.
That the City of Temecula Planning Commission hereby
denies Change of Zone No. 5613 and Vesting Tentative Tract Map No.
25082 for the subdivision of a 35 acre parcel into a 109 unit subdivision
located at Calle Medusa and Nicolas Road based on the additional
findings.
A. Exhibit A, attached hereto.
DENIED AND ADOPTED this 5th day of November, 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 5th day of November, 1990 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS
NOES:
PLANNING COMMISSIONERS
ABSENT:
PLANNING COMMISSIONERS
STAFF R PT\VTM25082 3
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 25082
Council Approval Date:
Expiration Date:
Planni
1.
n,q Department
The tentative subdivision shall comply with the State of California Subdivision
Map Act and to all the requirements of Ordinance 460, Schedule A, unless
modified by the conditions listed below.
This conditionally approved tentative map will expire two years after the City
Council approval date, unless extended as provided by Ordinance 460.
The final map shall be prepared by a licensed land surveyor subject to all the
requirements of the State of California Subdivision Map Act and 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.
Any delinquent property taxes shall be paid prior to recordation of the final
map.
Legal access as required by Ordinance 460 shall be provided from the tract
map boundary to a County/City 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 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 they are located within the land
division boundary. All offers of dedication and conveyances shall be
submitted and recorded as directed by the City Engineer.
Subdivision phasing, including any proposed common open space area
improvement phasing, if applicable, shall be subject to Planning Department
approval. Any proposed phasing shall provide for adequate vehicular access
to all lots in each phase, and shall substantially conform to the intent and
purpose of the subdivision approval.
STAFFR PT\VTM25082 1
10.
11.
12.
13.
15.
16.
The applicant shall comply with the environmental health recommendations
outlined in the County Health Department's transmittal dated September 11,
1990, a copy of which is attached.
The applicant shall comply with the fire improvement recommendations outlined
in the County Fire Departmentis letter dated February 7, 1990, a copy of
which is attached·
All proposed construction shall comply with the California Institute of
Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the
Southwest Area Plan·
The applicant shall comply with the recommendations outlined in the Rancho
Water District transmittal dated November 20, 1990, a copy of which is
attached.
Lots created by this subdivision shall comply with the following:
Lots created by this subdivision shall be in conformance with the
development standards of the R-1 {Single Family) zone.
Graded but undeveloped land shall be maintained in a weed-free
condition and shall be either planted with interim landscaping or
provided with other erosion control measures as approved by the
Director of Building and Safety.
The developer shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems until such time as those operations
are the respo. nsibilities of other parties as approVed by the Planning Director.
Prior to the issuance of GRADING PERMITS the following conditions shall be
satisfied:
I1)
Prior to the issuance of grading permits, detailed slope and reverse
frontage area landscaping and irrigation plans shall be submitted for
Planning Department approval for the phase of development in process.
The plans shall be certified by a landscape architect, and shall provide
for the following:
Permanent automatic irrigation syaterns shall be installed on all
landscaped areas requiring irrigation.
All utility service areas and enclosures shall be screened from
view with landscaping and decorative barriers or baffle
treatments, as approved by the Planning Director. Utilities shall
be placed underground.
Parkways 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
STAFF R PT~VTM25082 2
17.
18.
specimen trees· Front yards shall be landscaped and street trees
planted.
Wall plans shall be submitted for the project perimeter and along
Nicolas Road, Calle Medusa. and Calle Girasol. Wooden fencing
shall not be allowed on the perimeter of the project· All lots with
slopes leading down from the lot shall be provided with gates in
the wall for maintenance access.
Landscaping plans shall incorporate the use of specimen accent
trees at key visual focal points within the project.
Where 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.
Landscaping plans shall incorporate native and drought tolerant
plants where appropriate.
All existing specimen tress and significant rock outcroppings on
the subject property shall be shown on the project's grading
plans and shall note those to be removed, relocated and/or
retained.
All trees shall be minimum double staked· Weaker and/or slow
growing trees shall be steel staked.
Prior to the issuance of grading permits, a qualified paleontologist shall be
retained by the developer on site during all grading operations for
consultation and comment on the proposed grading with-respect to potential
paleontological impacts. Should the paleontologist find the potential is high
for impact to significant resources, a pre-grade meeting between the
paleontologist and the excavation and grading contractor shall be arranged.
When necessary, the paleontologist shall have the authority to temporarily
divert, redirect or halt grading activity to allow recovery of fossils.
Pursuant to the recommendations outlined in the San Bernard/no County
Museum letter dated September 14, 1990, attached. This condition shall be
reproduced in its entirety on the Environmental Constraint Sheet of the Final
Map prior to recordat/on.
Prior to the issuance of BUILDING PERMITS the following conditions shall be
satisfied:
No building permits shall be issued by the City for any residential
lot/unit within the project boundary until the developer's successor's-
in-interest provides evidence of compliance with public facility
financing measures. A cash sum of one-hundred dollars 15100) per
lot/unit shall be deposited with the City as mitigation for public library
development.
STAFF R PT\VTM25082 3
19.
20.
21.
22.
All building plans for all new structures shall incorporate, all required
elements from the subdivision's approved fire protection plan as
approved by the County Fire Marshal.
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 the tract requiring
landscaping and irrigation to be installed including, but not limited to,
parkway planting, street trees, slope planting, and individual front
yard landscapLng.
All dwellings to be constructed within this subdivision shall be designed
and constructed with fire retardant { Class A ) roofs as approved by the
Fire Marshal·
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·
Roof-mounted equipment shall be shielded from view of surrounding
property.
Building separation between all buildings including fireplaces shall not
be less than ten 110) feet.
h. All street side yard setbacks shall be a minimum of ten ~10) feet.
i. All front yards shall be provided with landscaping and automatic
irrigation·
Prior to the issuance of a grading permit, the applicant shall comply with the
provisions of Ordinance No. 663 by paying the appropriate fee set forth in
that ordinance. Should Ordinance No. 663 be superseded by the provisions
of a Habitat Conservation Plan prior to the payment of the fee required by
Ordinance No. 663, the applicant shall pay the fee required by the Habitat
Conservation Plan as implemented by County ordinance or resolution.
Prior to issuance of building permits, prior to recording of final map, or
unless waived to prior to issuance of building permits, applicant shall be
required to pay applicable Quimby Fees in accordance with Section 10.35 of
Ordinance 460.
Prior to the issuance of grading permits, final grading plans shall include the
recommendations outlined in the County Engineering Geologist's letter dated
January LI, 1990, attached.
Prior to the recordation of the final map and issuance of any grading permits,
the applicant shall obtain map approval and submit a letter of acceptance from
the Riverside County Flood Control Department for Vesting Tentative Map No.
25082.
STAFF R PT\VTM25082 4
23.
Prior to recordation of the final map or the issuance of any grading permits,
the applicant shall submit a cultural resources assessment which includes
mitigation measures for any identified cultural resources, pursuant to the
comments received from the University of California Riverside, Archaeological
Research Unit, dated September ~, 1990, attached.
Prior to issuance of any occupancy permits, the applicant shall submit a letter
of approval from the United States Postal Service reflecting a centralized mail
delivery system.
25.
Prior to issuance of grading permits, a precise grading plan will be submitted
and approved which addresses all 2:1 slopes on site. Said plan shall
incorporate contour grading, post and beam construction, or split level
construction wherever feasible. This plan is subject to the approval of the
Planning Director and the City Engineer.
Enqineerinq Department
The following are the Engineering Department Conditions of Approval for this
project, and shall be completed at no cost to any Government Agency. All questions
regarding the true meaning of the conditions shall be referred to the Engineering
Department.
It is understood that the Developer correctly shows all existing easements, traveled
ways, and drainage courses, and their omission may require the project to be
resubmitted for further consideration.
26.
The Developer shall comply with the State of California Subdivision Map Act,
and all applicable City Ordinances and Resolutions.
27.
The final map shall be prepared by a licensed land surveyor or registered
Civil Engineer, subject to all the requirements of the State of California
Subdivision Map Act and Ordinance No. ~60.
PRIOR TO FINAL MAP APPROVAL:
28. The developer shall receive written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control District;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department; and
CATV Franchise.
ST A FF R PT\VTM25082 5
29.
30.
31.
32.
35.
36.
37.
38.
39.
The following landscaped slopes are required to be annexed into the landscape
maintenance districts:
Lot 31-35
Lot 36 -39
Prior to final map, the subdivider shall notify the City~s CATV Franchises of
the Intent to Develop. Conduit shall be installed to CATV Standards at time
of street improvemerits.
In the event road or off-site right-of-way are required to comply with these
conditions, such easements shall be obtained by the developer; or, in the
event the City is required to condemn the easement right-d-way, as provided
in the Subdivision Map Act, the developer shall enter into an agreement with
the City for the acquisition of such easement at the developer's cost pursuant
to Covernment Code Section 66462.5, which shall be at no cost to the City.
Streets A, C, D, F, and H shall be improved with q4:) feet of asphalt concrete
pavement within the dedicated right-of-way in accordance with County
Standard No. 104, A 140/60).
Streets B, E, and G shall be improved with 40 feet of asphalt concrete
pavement within the dedicated right-d-way in accordance with County
Standard No. 800 Cul-de-sac.
Nicolas Road shall be improved with 43 feet'of half street improvements plus
one 12' lane within a 55 foot half street dedicated right-d-way, plus
dedication for an additional 12 foot lane, in accordance with County Standard
No. 100 [86/110).
Calle Medusa Road shall be improved with 22 'feet of half street improvements
within a 33 foot half street dedicated right-d-way in accordance with County
Standard No. 103, Section A 1~/66).
Calle Girasol shall be improved with 22 feet of half street improvements plus
one 12 foot lane within a 33 foot half street dedicated right-of-way, plus
dedication for an additional 12 foot lane, in accordance with County Standard
No. 103, Section A
Vehicular access shall be restricted on Nicolas Road, Calle Medusa, and Calle
Girasol, and so noted on the final map.
Corner property line cut off shall be required for Riverside County Standard
No. 805.
Peggy Lou Lane shall be vacated concurrently with the recordation of TR
25082.
STAFF R PT\VTM25082 6
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
The subdivider shall construct or post security and an agreement executed
guaranteeing the construction of the following public improvements in
conformance with applicable City standards.
Street improvements, including, but not limited to:
and gutter, sidewalks, drive approaches, street
striping, and traffic control devices as appropriate.
pavement, curb
lights, signing,
b. Storm drain facilities.
c. Landscaping.
d. Sewer and domestic water systems.
The street design and improvement concept of this project shall be coordinated
with adjoining developments.
Street lights shall be provided along streets adjoining the subject site in
accordance with the standards of Ordinance No. 461 and as approved by the
City Engineer.
Prior to recordat{on of the final map, the developer shall deposit with the
Engineering Department a cash sum as established, per lot, as mitigation
towards traffic signal impacts. Should the developer choose to defer the time
of payment of traffic signal mitigation fee, he may enter into a written
agreement with the City deferring said payment to the time of issuance of a
building permit.
Street names shall be subject to the approval of the City Engineering
Department.
The minimum centerline radii shall be 300 feet or as approved by the City
Engineer.
All street centerline intersections shall be at 90 degrees or as approved by the
City Engineer.
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 City Engineer.
A minimum centerline street grade shall be 0.50 percent.
All driveways shall conform to the applicable County of Riverside standards
and shall be shown on the street improvement plans, in accordance with
County Standard 400 and 401 {curb sidewalk).
All driveways shall be located a minimum of two ~2) feet from the property
line.
STAFF R PT\VTM25082 7
51.
The subdivider shall submit four prints of a comprehensive grading plan to
the Engineering Department. The plan shall comply with the Uniform Building
Code, Chapter 70, and as may be additionally provided for in these Conditions
of Approval. The plan shall be drawn on 2~" x 36" mylar by a Registered Civil
Engineer.
52.
The developer shall comply with the requirements of the Riverside County
Flood Control District.
53.
The subdivider shall submit four copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological
conditions of the site.
A hydrology study shall be submitted to and approved by the City Engineer.
All drainage facilities shall be installed as required by the City Engineer.
PRIOR TO ISSUANCE OF GRADINC PERMITS:
55.
Prior to any work being performed in public right-d-way, fees shall be paid
and an encroachment permit shall be obtained from the City Engineer's Office,
in addition to any other permits required.
56.
A grading permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-of-
way.
57.
All lot drainage shall be to the street by side yard drainage swales
independent of any other lot.
58.
A flood mitigation charge shall be paid. The charge shall equal the prevailing
Area Drainage Plan fee rate multiplied by the area of new development. The
charge is payable to the Flood Control District prior to issuance of permits.
If the full Area Drainage Plan fee or mitigation charge has already credited to
this property, no new charge needs to be paid.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
59.
A precise grading plan shall be submitted to the Engineering Department for
review and approval. The building pad shall be certified by a registered Civil
Engineer for location and elevation, and the Soil Engineer shall issue a Final
Soils Report addressing compaction and site conditions.
60.
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Standards and accepted grading practices. The
final grading plan shall be in substantial conformance with the approved
grading plan.
STAFF R PT\VTM25082 8
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
61.
Construct full street improvements including but not limited to, curb and
gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and
street lights on all interior public streets.
62.
Existing city roads requiring construction shall remain open to traffic at all
times with adequate detours during construction.
63.
Asphaltic emulsion {fog seal) shall be applied not less than 1L~ 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 Nos. 37, 39, and
9~ of the State Standard Specifications.
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/Nogative 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 Agr=:.-nent
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.
Transportation Enqineerinq
PRIOR TO RECORDATION:
65.
A signing and striping plan shall be designed by a registered traffic
engineer, and approved by the City Engineer, for Caile Girasol, Calle
Medusa, Nicolas Road, Street "A", and Street "H" and shall be included with
the street improvement plans.
66.
Prior to designing any of the above plans, contact Transportation Engineering
for the design criteria.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
67.
All signing and striping shall be installed per the City standards and the
approved signing and striping plan.
STAFFRPT\VTM25082 9
-C. '., . " COUNTY OF RIVERSIDE
DEPARTMENT OF HEALTH
/ 4065 COUNTY CIRCLE 0R, RIVERSIDE, CA. 92503 (Metlena Alldress - P.O. Boa 7600 9251:5-7600)
rAC,',, ~' (lid) 35r]-4579
September 11. 1990
CITY OF TEMECULA
43180 Buszness Park Drive. Suite 200
Temecula, CA 92390
ATTN: Mark Rhoades
RE: VESTING TENTATIVE TRACT MAP NO. 25002: PARCELS 1. 2
AND 3 OF P.M. N0. 6228, P.M.B. 17/21. PAI~CEL 20[r P.M. NO.
19278, P.M.B. 126/41-42 AND A PORT]ON OF PEGGY L0U LANE TO
BE VACATED. PAOWRCEL MAPS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA
(109 lOTS)
Dear Gentlemen:
The Department of F'ubllc
Map No. 25082 and reco~nmenci that:
A water svstezn shall be ]ll";t.'iJ Ir.rl ;Ir:r:r,r,l:ll,I t,r,
plans and specxfzcatzon as al~lJl'rJvc, d JJV tJl~, w;~l. or
company and the Health DeDartz,,c.;~t. Permanent
prints of the plans of the water system ~hal]
be submitted In trlDll,:at.e. wit. I, a Inl~illnUm ~calo
not lods than one lncl~ e,~a J.. ,]lJ{j ( L,,'.L . a]ol,a wltJl
the orlqinal drawlna to the County Surveyor. '
The prints shall show the ]~lternal D1De diameter,
loc&Lion of valves all,lJ fll',, J~v,Jl:ll,1%: I~]p,.
.!oxnt specifications. and t!~e s~ze el the n~a~n
at the .1unction of the new system to the
existina system. The plans shall comply mn all
respects with Dlv. 5. Part 1. ClsaDter 7 of the
California Health and SaI'etv Code. Califor~ma
Aclminlstratlve Code. Title ~2. Chapter 1~. and General
Order No. 103 of the Fublic IIt~lmt. me~ Comm~xon of thin
State of CAllfornl:l. wl~o~, al,l,! s,::~l,I,.. '!'1~,, i,I;~ ,;I,al I
be sianed by a reaxstered el,,311~,'~e~ ~cl wat.~r comDalaV
w~th the followlna cert~f~cation: "] certify that the
desian of the water svsten, in Tract MaD He. 25813
In accordance with the wat.,~r '; v '; t ,:.., ,',:{I,a~,~ 1,311 DJalaS
the Ranthe California Water L1lstrlct a~d t.l~at tl~e
water service. storaae and dxstrlbut. lon svstem w~il be
adequate to Provide water sotrico to ~,.~ch Tract.
City of Temecula
Paoe Two
ATTN: Mark Rheades
Septo:,~bor 11. 199U
TIlls certification does :lot coll%t. ltut, e a c~,J~lrantee
that it will supply water to such Tract mad at any
specific quantities. flows or Pressures for fire
protection or .~nv other D,.[e[.~.,~o" ]'ljls c~rtlf~cat. lor~
sh~ll be sipned by ~ respo~glble off:clal of the water
company. Tb~.._~l~.~__~us~__be_ subm 1 t.~ed__ ~..o ..~,he .cqqn~y_
S.MEy_fy~.[L.q_~r_[.~_CR_3p__re.yle~z at least.two ~zeeks.p[ior
tO.__the....ceque.s.t. f.o~..the recorrlaf :on of the final map.
This-subdivision has a statement from Rancho California
Water District aclr~elncl to servr~ r|oln,,';t. lc wat. r,r t.o eacli ni~,J
every lot in the subdivision on ,.Ion, a~d prOvld~rJ
s~tisfactory financial ~rranaements are completed with the
subdivider. It will be nec-~qarv for f~;,n~,c~al nrranc;om~t~
This subdivision ls within the Eastl_~rn Municipal Water
District and shall be connected to the ~ewer~ of the
District. TIle sewer system sl~all I~ l~,-,t. al loci ;~,:c~dl],,~ to
plans ~nd specifications as aPprOvOd bV tl~e D~strlct.. tl~e
· Count~ Surveyor and the Health Department. Permanent prlnt~
of the plans of the sewer system shall be submitted in
triplicate, along with the or:pin.l] dra~r~, to tl,e County
surveyor. The prints sh~ll show the ~nternal pipe diameter,
loc~tion of m~nholes, complete profiles, pipe ~nd .Joint
specifications and the size of the sewers ~t the ~unctlon
the new system to the exlstln~ system. A single pl~t
indicating location of sewer lines and water lines shal] be
~ portlon of the sewaoe plans and water lines shall be
portion of the sewage plan~ ~nd prof~ ~-~. 7'!an I,!~n~
with the followinQ cert~fic~[~o~: "] ,:e~ t~lv ~.1~:~. tl',e
desl~n of the sewer system in Tract M~D No. 251~2
~ccord~nce with the sewer system p:<Da~aq~on p]an~ of the
E~stern Municipal W~ter Dxstr~ct a~,.! t.l,~t tl,e ~t.~ d:sDo~l
system xs ~dequ~te at this time to treat the anticxp~ted
w~stes from the proposed tract
,/
City of Temecula
Paae 3
ATTN: Mark Rhoades
September 11. 1990
T_.hR__P.!...a.n~__m..~Ls...~.._b.e...._s._.ubm_i.tt. ed...t0._ the Coura ty. $,.i rveVo r ~ s Of f ice
.t.Q._.r...e_.y.i_e..w....._a..t._l.e.a_s_t._...t~.o_..W.eeks pr a or to t. he request .for the
.r_e__c..o_n.d.._a__t_i_O_D. o f t h e f 1 n a_!__m a p_,_
It will be necessary for financial arranoement~ to be
completely finallzed Prior to recordatlon of the final maD.
8i cerelV.
rtinez, Envim Ma tonmental
!{ealt.!~ SnnC~allst IV
SM:dr
RIVERSIDE COUNTY
FIRE DEPARTMENT
IN COOPERATION WITH THE
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
GLEN J. NEWMAN
FIRE CHIEF
2-7-90
T, kLIFO RIiA
~ ~%~t !~iOTEC~iO Ilk
PLANNING & ENGINEERING
46-209 OASIS STREET, SUITE 405
INDIO, CA 92201
(619} 34Z-8886
TO: PLANNING DEPARTMENT
PLANNING & ENGINEERING
3760 12TH STREET
RIVERSIDE, CA 92501
(714) 787-6606
ATTN: RANDY WILSON
TRACT 25082 - AMENDED #3
With respect to the conditions of approval for the above referenced land division,
the Fire Department recommends the following fire protection measures be provided
in accordance with Riverside County Ordinances and/or recognized fire protection
standards:
FIRE PROTECTION
Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2{") 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 1000 GPM 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 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.
HAZARDOUS FIRE AREA
The land division is located in the "Hazardous Fire Area" of Riverside County
as shown on a map on file with the Clerk of the Board of Supervisors. Any
building constructed on lots created by this land division shall comply with
the special construction provisions contained in Riverside County Ordinance
546.
RE: TR 25082
Page 2
All buildings shall be constructed with fire retardant roofing material as
described in section 3203 of the Uniform Building Code. Any wood shingles
or shakes shall have a Class "B" rating and shall be approved by the Fire
Department prior to installation.
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 may enter into a written agreement with the County deferring
.said payment to the time of issuance of a building permit.
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
Laura Cabral, Fire Safety Specialist
ml
Water
Board of Directors:
James A. Darby
President
Jeffrey L. Minklet
St. Vice President
Ralph Dai|y
Doug Kulberg
Jon A. Lundin
T. C. Rowe
Richard D. Steffey
Officers:
John F. Hennigar
General Manager
Phillip L Forbes
Director of Finance-
Treasurer
Thomas R. McAliester
Director of Operations
& Maintenance
Edward P. Lemons
Director of Engineenng
Linda M. Fregoso
District Secretary
McCormick & Kidman
Legal Counsel
November 20, 1989
Riverside County Planning Department
4080 Lemon Street, 9th Floor
Riverside, California 92501-3657
Subject: Water Availability
Reference: Vesting Tract No. 25082
Change of Zone 5613
Gentlemen:
Please be advised that the above-referenced property is located
within the boundaries of Rancho California Water District. Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner.
Water availability would be contingent upon the property owner
.signing an Agency Agreement which assigns water management rights,
if any, to RCWD.
If you have any questions, please contact Senga Doherty at (714)
676-4101.
Very truly yours,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon
Engineering Manager
F012/jkm297f
cc: Senga Doherty
R A N C H O C ALI F O R N IA W A T E R D I S T R I C 'l'
I RECEIVED SEP
SAN BERNARDINO GOUNTY MUSEUM
, Ormnge Tree LIne * Redlands, CA 92374 · (714) 798-8570 · 422-1610
September 12, 1990
COUNTY OF SAN BERNARDINO
GENERAL SERVICES AGENCY
Mark Rhoades, Planner
Temecula Planning Department
43180 Business Park Drive
Temecula, CA 92390
re:
VESTING TENTATIVE TRACT4C-,99~_. CZ 56!3, PAVILION HOMES
The project is located on the very fossiliferous Pauba Formation. Excavation associated with
development will impact nonrenewable paleontologic resources.
The developer must retain a qualified vertebrate paleontologist to develop a site-specific
program to mitigate impacts to paleontologic 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; and (4) a report of fmdings with complete specimen inventory.
Sincerely,
Dr. Allan D. Griesemer
Museums Director
ADG:RER/jr
INTER-DEPARTMENTAL LETTER
COUNTY OF
january 4, 1990
RIVERSIDE
TO:
FROM:
RE:
Randy Wilson - Team I .--
Steven A. Kupferman - Engineering Geologist ~-/~
Tentative Tract No. 25082
Slope Stability Report No. 175
The following report has been reviewed relative to slope stability at the
subject site:
"Geotechnical Report For A Proposed 116 Single - Family Home Subdivision Within
The 35 Acre Parcel Described As Tentative Tract No. 25082," by South Coast
Geologic Services, dated October 20, 1989, and response to County review, dated
December 13, 1989, also by South Coast Geologic Services.
This report determined that:
Cut and fill slopes are planned at a gradient of 2:1 (horizontal: vertical}
or less. Maximum slope heights on the order of 70 and 15 feet are proposed
for cut and fill slopes, respectively.
2. No adverse geologic conditions are expected to be encountered with the
proposed cut slopes.
3. Adequate factors of safety were calculated for proposed cut and fill slopes
under both static and pseudostatic conditions.
4. The surficial stability of the proposed slopes is considered acceptable.
This report recommended that:
1. All cut slopes shall be made under the observation of the project
geol ogi st.
2. Fill slopes may be graded at 2:1 or flatter·
Fill slopes shall be overfilled at least six (6) feet and trimmed back to
achieve a firm surface. As an alternation to slope overfill, the slope may
be compacted at design grade during construction.
4. Proposed cut slopes may be graded at a 2:1 gradient. Where the cut slope
exposes clean ravelling sand, erosion protection will be required.
Randy Wilson - Team 1
Tentative Tract No. 25082
Slope Stability Report No. 175
Page -2-
5. Terrace drains shall be provided as set forth in the latest Uniform
Building Code.
6. Newly constructed slopes, existing slopes where vegetation is not
sufficient or has been damaged due to construction shall be planted as soon
as possible with a deep-rooted ground cover requiring a minimum of
irrigation.
This report satisfies the General Plan requirement for a slope stability
report. The recommendations made in this report shall be adhered to in the
design and construction of this project.
SAK:mp
CITY OF TEMECULA
DEVELOPMEN r REVIEW COMMITTEE
PROJECT TRANSMI'fTAL
DAlE ~'_?_."'/_C?
lhe attoched4roJect has been schedulecl for tile Development Review Committee
MeG|lag of - t.~-c~D , 1990 at 9:00 a,m. .
Your written comments or attendalice Is requested. Please tt'ansmlt written colnments
one week prior to meetl,g. ...
1he meeting will be held st:
CIty of Temecula
CIty !lall
q3180 Bushless Park Drive, Suite 200
l'emecula. CA 92390
I~ IN
t~[p 0 4 F)90
EIC
If you have any questions regarding tills project. please contact the Planning
Dei>art~nent at ( 7 I~ ) 69rl-6qOO. '
Project Information:
Applicant:
Representative: ~ ~J~ -CML-m~ EEV_lU(-~
Proposal:/~_H/~rdC~E <~
A 'EEC-,~LtEc-.>'T "fED SL~'PI,J IbE .%S' Ac PLC-,
1140 ~6-~LC 'FA, M( LY' LOTr~,
Location: ~
tCOL/%~ ~:Z-3:~'
A.P. I: qlLI_ c~OD-
Case Planner: Oc'r'~}cJlOlO/lwS~ I?-.-I I"~1 ILl, I~ I"/-
Distributionl
_,p Engineering Departmentl Doug
Building and Safety Departme'nts ~_[~]Jmi~[y Plan Review
Water Distriotl anoho Water -'Wil! 8erye- VeE~
Temeoula Valley Un"~fE~eh;o~'Distr~0tl
~~~"' Fire Departmentl~ur~ C~l ·
Flood ControlDistrietl Ooh~Kashuba
Health Departmentl
~olic. Departmentl~~V~; '
~a~ks and Reo=eatJon~;~a=tme~tl OanJne OVeU~ "
. Traffio and Engineeringl
Others taiLOrs - --- -
~ XrmyeorpsofEngineerss
,~ Dept of Fish I Games .
'UCR~rohasologiomlRssearohUnjtl.'
'~irport Land Use Couissionl
16. Bistorio V~ese~ation Boards
COH~ENTS: Our records show that th~s pr05ect area has 0nly been partially surveyed
and we recommend*~
DATE: October 2, 1989
:IifE:I, iDE cotInky
PL, nnin DEP, :I nlEn
TO: Assessor
Building and Safety - Land Use
Building and Safety - Grading
Surveyor - Ken Teich
Road Department
Health - Ralph Luchs
Flood Control District ~' ~. ~' -'
Fish & Game j~
U.S. Postal Service- Ruth E. Davidson
U.S. Fish & Wildlife Services OCT25 1989 ~
county su erintendent of School
oaunfReorn afalt,oF lr iaHa Vson sR'VERS,DE COUNTy
PLANNING DEPARTMENT
Commissioner Turner
Greater Lake Mathews Rural Trails Ass
Eastern Nunicipal Water Dist.
San Bernardino County Museum
Mark Balys
Community Plans
Southern California Gas
General Telephone
Caltrans #8
Temecula Union School District
VESTING TRACT 25082/CHANGE OF ZONE 5613 -
{Tm-1) - E.A. 34341 - Pavilion Homes,
Inc. - Skinner Lake Area - First
Supervisorial District - S of Nicolas
Rd., E of Calle Nedusa - R-R Zone - 35
Acres into 116 Lots - Schedule A - No
Waiver - REQUEST: Change zone from R-R to
R-1 - Hod 119 - A.P.
914-500-008-10,12-15,17
Please review the case described above, along with the attached case map. A Land
Division Committee meeting has been tentatively scheduled for October -26, 1989. If it
clears, it will then go to public hearing.
Your comments and recommendations are requested prior to October 26, 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
Randy Wilson at 787-1363.
Planner
COMMENTS:
FUTURE MODE OF MAIL DELIVERY: CENTRALIZED
Contact with the U.S. Postal Service is required by the
Developer/Builder prior to construction for delivery type
and locations.~j~~
DATe: 10'23-8'i sze.ATu. ,
PLEASE print name and title C~(~aU~ VA~ 6aebtm irlo t
usPS
4080 LEMON STREET. 9'r" FLOOR
RIVERSIDE, CALIFORNIA 92501
46-209 OASIS STREET. ROOM 304
INDIO, CALIFORNIA 92201
CITY OF TEMECULA
PLANNING DEPARTMENT
INITIAL ENVIRONMENTAL STUDY
Backqround
1. Name of Proponent:
2. Address and Phone
Number of Proponent:
e
Date of Environmental
Assessment:
Agency Requiring
Assessment:
Name of Proposal,
if applicable:
Location of Proposal:
Pavillion - JLD Ventures
23181 Verduqo, Sp. 105A
Laquna Beach, CA 92653
9-10-90
CITY OF TEMECULA
Vesting Tentative Tract Map No. 25082
and Chanqe Zone No. 5613
Southeast Corner of the Intersection
of Nicolas Road and Calle Medusa
II
Environmental Impacts
I Explanations of all answers are provided on attached sheets. )
Yes Maybe No
1. Earth. Will the proposal result in:
Unstable earth conditions or in
changes in geologic substructures?
X
Disruptions, displacements, compac-
tion or overcovering of the soil?
X
Substantial change in topography
or ground surface relief features?
X
The destruction, covering or modi-
fication of any unique geologic or
physical features?
X
ee
Any substantial increase in wind or
water erosion of soils, either on
or off site?
X
STAFF R PT\ VTM25082 1
Yes Maybe No
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?
Ce
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?
Ce
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?
f0
Alteration of the direction or rate
of flow or ground waters?
X
X
X
X
X
X
X
X
X
X
STAFF R PT\VTM25082 2
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 l including trees, shrubs,
grass, crops, and aquatic plants)?
be
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)?
be
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
X
X
X
X
X
X
STAFF R PT\VTM25082 3
Yes Maybe No
10.
11.
12.
13.
Noise. Will the proposal result in:
a. Increases in existing noise levels?
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:
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 l 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. Will 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?
X
X
X
X
X
X
X
X
X
X
X
STAFFR PT\VTM25082 4
Yes Maybe No
15.
16.
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?
Alterations to waterborne, rail or
air traffic?
fe
Increase in traffic hazards to motor
vehicles, b/cyclists 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?
'd.
Parks or other recreational
facilities?
Maintenance of public facilities,
including roads?
f. Other governmental services:
Energy. Will the proposal result in:
Use of substantial amounts of fuel
or energy?
be
Substantial increase in demand
upon existing sources of energy,
or require the development of new
sources of energy?
Utilities· Will the proposal result in
a need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
X
X
X
X
X
X
X
X
X
X
X
X
X
STAFF R PT\VTM25082 5
Yes Maybe No
17.
18.
19.
20.
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:
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?
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?
X
X
X
X
X
X
X
X
X
X
X
X
X
STA FFR PT\ VTM25082 6
21.
Yes Maybe No
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? (A short-term
impact on the environment is one
which occurs in a relatively brief,
definitive period of time while long-
term impacts will endure well into
the future. )
Does the project have impacts which
are individually limited, but cumu-
latively considerable? (A project's
impact on two or more separate
resources may be relatively small,
but where the effect of the total of
those impacts on the environment
is significant. )
Does the project have environmental
effects which will cause substan-
tial adverse effects on human beings,
either directly or indirectly? __
X
X
X
X
STAFF R PT\VTM25082 7
I II Discussion of the Environmental Evaluation
Earth
1.b.
1 .c-d.
1.8.
1.f.
1.g.
Air
2.a-c.
No. The project site will be graded as part of a mass grading effort.
There will be substantial grading for this project. However, a
conceptual mass grading plan for the project was approved by the City
Engineer and designed in accordance with Temecula's standards and the
Conditions of Approval.
Yes. All development disrupts the soil profile to some degree and
results in soil displacement, compaction, and overcovering. This
impact is not considered significant.
Yes. The mass grading will substantially change the topography and
physical features of the site. However, manufactured slopes will be
constructed and landscaped to a level of non-significance including
contour grading, split level pads, and post and beam construction were
installed.
Maybe. Wind and water erosion potentials will increase during the
construction phase and remain high until disturbed areas are
replanted. The wind erosion impact is considered significant but will
be mitigated through minimal grading, retention of natural vegetation
whenever feasible, and use of watering trucks and hydro-seeding of
disturbed areas after grading. After the project is completed,
incUreased water run-off during floods may occur. Water will be
channeled to drainage easements and streets. Appropriate drainage
control devices will have to be approved by the City Engineer and
designed in accordance with Temecula's standards and the Conditions
of Approvat.
Yes. Since the project site is adjacent to Santa Gertrudis Creek, the
proposed project will cause erosion of or deposition into a creek or
stream bed. The project will require acceptance of mitigation by
County Flood Control which will render the impact non-significant.
No. The subject site is not designated as subject to liquefaction or
subsidence by the Riverside County General Plan.
No. The proposed project will not significantly impact the area~s air
quality.
STAFFRPT\VTM25082 8
Water
3.a,d-e.
3.b.
3.d-g.
3.h.
3.i.
Veqetation
L~.a-c.
~.d.
Wildlife
5.a-c.
Noise
6.a-b.
No. The proposed project will not impact any marine or fresh water
bodies. The proposed project will incrementally affect the quantity and
quality of run-off water in the City.
Yes. The proposed project will inhibit the absorption of water into the
ground through the construction of impermeable surfaces on the site.
Run-off will increase but the project will require flood control approval
which will render the impact non-significant.
Yes. Flood waters will continue to be diverted to the streets and flood
channels, the project will require flood control approval which will
render the impact non-significant.
No. The proposed project will not significantly affect the flow or
quantity of ground waters.
No. The proposed project will not impact the public water supply.
Yes. Conditions of Approval are included for this project which require
proper design and installation of drainage conveyance devices.
No. No sensitive vagetational associations or species were identified
on-site.
No. No agricultural production occurred on-site.
No. A survey for Stephen's Kangaroo Rat prepared for this project
analyzed biologic resources on-site. Individuals of the Stephen's
Kangaroo Rat were not found. Conditions of Approval have been
included which require the applicant to pay mitigation fees.
No. Analysis indicates that the project site may be exposed to
significant levels of noise as a result of traffic on Nicolas Road.
However, it is concluded that the project design, when proposed, will
comply with the interior noise exposure standard placed on residential
construction by the County of Riverside and the State's noise insulation
standards.
It is further recommended that the final engineering design of the
project be reviewed by a recognized acoustical engineer to ensure
compliance with the County's noise standards.
STAFFRPT\VTM25082
Liqht and Glare
Yes. However, the project has been conditioned to comply with
applicable lighting standards.
Land Use
Yes. The project is not consistent with the current zoning designation.
However, if the Change of Zone is approved, the project will be in
compliance.
Natural Resources
9.a-b.
No. This project itself will not significantly increase the rate of use of
natural resources. Construction materials and petroleum products will
be used extensively to support the specific plan project overall.
Risk of Upset
10.a-b.
No. The proposed project will not promote a risk of explosion or release
hazardous substances nor will it interfere with emergency response
plan or an emergency evaluation plan.
Population
11.
Yes. Although the project proposes to increase the density to allow 109
dwelling units, the proposed project is consistent with the City Land
Use Designation ( according to SWAP)·
Housinq
12.
No. Since the proposed project will create housing, the proposed land
use will not create a demand for additional housing.
Transportation/Circulation
13. a. Maybe.
13.b-e. No.
13. f. Maybe.
The Traffic Study which was prepared for the proposed
project has addressed potential tra[[ic impacts and has
concluded that the cumulative impacts will not be
significant.
Public Services
Yes. The proposed project will not have significant adverse effect on
public services including parks and recreational facilities, schools, and
fire. However, mitigation fees will be paid which will render the
impacts non-significant.
' STAFFR PT\VTM25082 10
Enerqy
15.a-b.
No. The proposed project will not result in the substantial use or
increase in demand of fuel or energy.
Utilities
16.a-f.
No. The proposed project might require the use of utilities but will not
require substantial alteration to the existing system.
Human Health
17 .a-b.
No. The proposed project will not have significant adverse effect on
human health.
Aesthetics
18.
Maybe. The proposed project will be removing some natural hills,
bluffs and slopes to be replaced by 2: 1 manufactured slopes. However,
the slopes will be contoured and landscaped to mitigate impacts.
Recreation
19.
Maybe. The proposed project will increase population which may impact
recreation facilities. Quimby fees will be paid to mitigate impacts.
Cultural Resources
20. a-d. No impact.
Mandatory Findinqs of Siqnificance
21 .a.
No. The proposed project will not have a significant impact on plant or
wildlife species. However, if a project is located within an area
designated by the Riverside County as habitat for the endangered
Stephenis Kangaroo Rat, the project will be subject to mitigation fees
for the Stephen's Kangaroo Rat Habitat Conservation Plan.
21 .b.
No. The proposed project will not have the potential to achieve short-
term, to the disadvantage of long-term, environmental goals.
21 .c-d.
No. The proposed project will not have impacts which are individually
limited or cumulatively considerable, nor will they have environmental
affects which will cause substantial adverse effects on human beings,
either directly or indirectly.
STAFFRPT\VTM25082 11
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-
ficant effect on 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.
X
Date
For
CITY OF TEMECULA
STAFF R PT\VTM25082 12
OCT 29 '90 15:46 RIV[RSID[ CO, FLOOD DISTRICT
I~ENN~TH L,, IFDWA~[:~,
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
October 29, 1990
till MAIKFF liTlilT
le.O. BOX 1033
TELEIN. iCNI[ (714)
FAX NO. ¢714) 71s-see5
City of Temecula
43180 Business Park Drive, Suite 200
Temecula, CA 923~S
Attention:
DouS Stuart
Deputy City Engineer
Gentlemen:
Re: Vestlng Tract 25082
This is a proposal to divide 35 acres for residential use at the
southeast corner of NicoLas Road and Calls Medusa.
Almost hal~ of this site is traversed by the flows of Santa
Oertrudi~ Creek. Th~s area has not been mapped by FEHA and,
therefore, the ezact flood plain and floodway limits of the creek
ate unknown.
Thi: project ~as not presented a realistic solution to the flood
hazard from Santa Gertrudis Creek and should not be cleared.
If Santa Oertrudis Wash is to be channelized, a financing
mechanism should be formulated for an acceptably designed
facility. Stream flows would have to be collected and conveyed
to the channel being proposed by AD161. Its design should be
coordinated with Riverside County Transportation Department,
State Department of Fish and Game, U. S. Fish and Wildlife
Service and this DiStrict.
We will not recommend eonditioned approval of this tract until a
viable flood control construction program ~s in existence.
Questions concerning this matter may be referred to the
Subdivision Section ~£ this office at 71~/a75-1210.
c: CM Engineering
HN H. KASHUBA
r Civil En6ineer
ZS:seb
RECEIVED OCT 12-19S3
MEMORANDUM
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
TO:
FROM:
RE:
File DATE:
We have reviewed this case and ask that the following items be
addressed on an amended map.
Topography should be show~ or corrected.
Show proposed grading and drainage-
Show how the project would be protected from storm flows.
Move structures/pads out of low area.
Proposed diversions should be corrected.
Show existing and proposed channels, culverts, drain pipes
and other such facilities-
MEMORANDUM
RIVERSIDE COUNTY FLOOD CONTROL
-I_~.D WATER CONSERVATIG;; D~,~'~'
We have reviewed this case and ask that the following items be
addressed on an amended map.
Topography should be show~ or corrected.
Show proposed grading and drainage.
Show how the project would be protected from storm flows.
Move structures/pads out of low area.
Proposed diversions should be corrected.
Show existing and proposed channels, culverts, drain pipes
and other such facilities.
Show existing watercourses.
c: Applicant
Co. Planning Dept.
LOCATION ~~--~-~-
I
i
I
r,
i',
I,
¥
ZONING
L t,~ ~ER
3
tt
~,TER PR~
SP 213
/
/
/
/
,/
AC. ,M~
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO.:
The following fees were reviewed by Staff relative to their applicability to this
project.
Fee
Habitat Conservation Plan
(K-Rat)
Parks and Recreation
( Quimby )
Public Facility
( Traffic Mitigation )
Public Facility
( Traffic Signal Mitigation)
Public Facility
( Library )
Fire Protection
Flood Control
(ADP)
Condition of Approval
Condition No. 19
Condition No. 20
Condition No. 64
Condition No. ~3
Condition No. 18. a.
Condition No.
Condition No. 58
STAFF R PT\VTM25082
N
,/' I \
25082
LOCATION
FIIrSTA
I
/
~ h
'LANNING COMMISSION MINUTES NOVEMBER 5, 1990
COMMISSIONER HOAGLANDquestioned the surface
for the parking area in Condition No. 10. GARY
dvised the Commission to disregard the interior
lnning with "Decomposed granite".
ts
iLL
~tences
P.M.
lONER CHINIAEFF opened the
~ at 7:20
CRAIG W~ ]R, 43225 Busines~ ark Drive, Temecula,
applicant, the Commis= that this would be a
distribution buil, for .cal products.
COMMISSIONER HOAGLAND ~tioned the requirements for
Condition No. 31. stated that this was a
standard conditi .
COMMISSIONE OAGLAND moved to the public hearing
at 7:25 P . and adopt Negative ~ ti~n for Plot Plan
No. 20 nd recommend that the City u il adopt
esond ~ ~ S
AYES: 3 COMMISSIONERS: Fahey, Hoagland, niaeff
NOES: 0 COMMISSIONERS: None
: ' : ' ,
IONERS B1 lr Ford
10. CHANGE OF ZONE 5613/VTTM 25082
10.1 Proposal to change zone from R-R 1/2 to R-1 and create
109 signle family lots at the northeast corner of Calle
Medusa and Nicholas Road.
STEVE JIANNINO provided the staff report on this item.
GARY THORNHILL advised the Commission that this was a
difficult case for staff to work on. He stated that the
applicant was relying on information from the county
when they began processing this application. He advised
the Commission that approving this project as submitted
would set precedent for this entire area.
COMMISSIONER HOAGLAND asked staff if other densities
had been proposed to the applicant.
PCMIN11/5/90 -6- NOVEMBER 16, 1990
PL~NNIN~ COlOnieSION MINUTES NOVEHBER 5# 1990
GARY THORNHILL stated that the applicant felt that this
was the project design their client needed to make it
work.
DOUG STEWART advised the Commission that the flooding
issues addressed in the flood control letter are
serious issues which the applicant still needs to
address before the Engineering Department could approve
the Tract.
COMMISSIONER CHINIAEFF opened the public hearing at
7:35 P.M.
GARY KOONTZ, CM Engineering, 41593 Winchester Road,
Temecula, applicant, stated that they have worked with
staff at County and City levels to plan this project.
He said that the project had gone through the County
planning process and all pertinent studies had been
performed and approved by all agencies except for flood
control. Prior to the public hearing the project was
then transferred to the City. Mr. Koontz said that they
have understood all along that staff wanted half-acre
lots; however, this is unacceptable to their client.
Mr. Koontz said that the Flood-Control District has
requested that the applicant form an Assessment District
prior. to approval of this pro'ject; however, they have
had difficulty getting other property owners to
participate. He did state that their applicant Was
willing to participate'in an Assessment District.
COMMISSIONER HOAGLAND questioned the applicant if they
had received a 404/1601 permit.
GARY KOONT2 stated that they had not attempted to get
those permits yet; however, they were aware that this
was an issue.
COMMISSIONER HOAGLAND asked if the applicant had
discussed alternative densities that might include some
mixture of lot sizes.
GARY KOONTZ stated that this would not be economically
feasible to go to much smaller or larger lots.
PCMIN11/5/90 -7- NOVEMBER 16, 1990
PLKI~IN3 COIOIISSION MINUTES
NOVE!~ER 5, 1990
COMMISSIONER FAHEY asked the applicant if they would
be willing to go back to staff and address some of the
density and flood control issues as opposed to a denial.
GARY KOONTZ advised the Commission that they would be
willing to go back and address the flood issues with
staff.
ROBERT PACK, President, Pavilion Homes, 30181 Verdugo,
Laguna Hills, addressed the Commission and stated that
the developers position has been well presented by Gary
Koontz. He stated that at the time of preparing this
project their only guide was the SWAP plan which had
been developed for the City. Based on the input from
their staff and engineers they processed the Vested
Tentative Map in accordance with SWAP.
ROBERT PACK questioned the Deputy City Attorney John
Cavanaugh on the ability of staff and the Commission
to inadvertently change their requirements of what
should be developed as opposed to what SWAP proposes.
COMMISSIONER CHINIAEFF advised Mr. Pack that the City
has a time period in which they can adopt a General
Plan and they had the ability to adopt or interpret
the SWAP plan. He stated thatthe.City Council had
stated that they would use the SWAP as a guideline.
Mr. Chiniaeff added that he was concerned'with the
buffering of smaller to larger lots.
COMMISSIONER FAHEY added that the Commission's decision
on this project would serve as a guideline for other
developments in this area.
COMMISSION CHINIAEFF stated that with the Engineering
Department statements as well as the Flood Control
Districts comments, the Commission would not be in a
position to approve this project as submitted. He
added that he also felt that the Commission should
indicate what their preferences for densities would
be.
PCMINll/5/90 -8- NOVEMBER 16, 1990
PLANNING COMXISSION MINUTES
NOVEMBER 5, 1990
Commissioner Chiniaeff suggested that the applicant
consider a split in the property, having the higher
elevation area be the R-1 and the lower lots be R-R 1/2.
COMMISSIONER HOAGLAND expressed his desire to see the
large ridge incorporated in the project rather than
being graded down and felt that it made a natural
transition from lower to higher density housing.
Commissioner Hoagland asked if the applicant would be
willing to go back to staff and address these issues.
GARY KOONTZ requested the Commission's action and stated
that if the Commission voted on a denial they would take
the project to the City Council on an appeal.
COMMISSIONER CHINIAEFF stated that the staff and the
Commissioners have been very clear in what they are
trying to accomplish. He also added the the design
guidelines that have been submitted would apply to
anything and not directly to this project. He indicated
they still need some work.
COMMISSIONER FAREY moved to close the public hearing
at ~:15 PM and deny Change of Zone 5613 and deny Vesting
Tentative Tract No. 25082 based on the analysis and
findings in the staff report and the Commission's
request for; adequate buffering between higher and lower
density developments, possibly using the bluff as
demarkati6n as well; flood plain problems have not
been adequately addressed and, the design guidelines
submitted to not appear to apply to this project.
JOHN CAVARAUGH advised the Commission that this was not
a final decision, that the item would go to the City
Council for final determination.
COMMISSIONER CHINIAEFF asked the City Attorney if the
Commission had the ability to request a zone change.
JOHN CAVANAUGH advised that the Commission had the
ability to make a suggestion to the council for a more
suitable zone change.
PCMINll/5/90 -9- NOVEMBER 16, 1990
PLANNIN6 COMMISSION MINUTES
NOVEMBER 5, 1990
COMMISSIONER CHINIAEFF stated that they could make a
recommendation for a zone change as a suggestion for
the upper section of the ridge being R-1 and the lower
section being R-R 1/2 giving the applicant something
to work with rather than just a denial.
JOHN CAVANAUGH stated that the Commission could make
these suggestions to the City Council which may help
them make their determination.
COMMISSIONER FAHEY amended her motion be recommending
a zone change of the upper half of the ridge being R-1
and the lower half being R-R 1/2, withdrawing the zone
change denial, seconded by COMMISSIONER BOAGLAND.
After discussion with the City Planning Director, JOHN
CAVANAUGH suggested that the Commission take action by
either denying or approving the application as submitted
and make their recommendations to the City Council.
COMMISSIONER FAHEY withdrew her amendment to the motion;
with the concurrence of second, COMMISSIONER HOAGLAND;
however, recommended that the City Council address the
options proposed by the Commission. The original motion
for denial of the Zone Change and the Tentative Parcel
Map No. 25802 was approved.
AYES: 3 COMMISSIONERS: Fahey, Hoagland, Chiniaeff
NOES: 0 COMMISSIONERS: None
ABSENT:2 COMMISSIONERS: Blair, Ford
11. PLANNING DIRECTOR REPORT
11. GARY THORNHILL advised the Commission on the f011 ' g
'tems:
1) A ntative November 16 course on eparing and
revis' the General Plan.
2) Will be ha ing out var' s articles that he comes
across he fe s ma helpful to the Commission.
3) Address as to what should be used as
a g ' a combination of zoning
· He also stated
PCMINll/5/90 -10- NOVEMBER 16, 1990
ITEM NO.
11
FINANCE OFFI~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECUI. A
AGENDA REPORT
City Council
David F. Dixon, City Manager
November 27, 1990
Sphere of Influence
RECOMMENDATION:
The City Council, after deliberation, adopt Resolution No. 90 - regarding the City
Sphere of Influence, and instruct the City Manager to file the appropriate application
with the Local Agency Formation Commission (LAFCO) to establish a Sphere of
Influence for the City of Temecula.
BACKGROUND:
For several months the consultant team of William Mecham and Phil Anthony have
been developing a Sphere of Influence Study.
Attached is a copy of the material which they have prepared, which addresses four
factors pursuant to Government Section 56425. Those factors are as follows:
Factor 1: The Present and Planned Land Uses in the Area.
Factor 2:
The Present and Probable Need for Public Facilities and
Services in the Area.
Factor 3:
The Present Capacity of Public Facilities and Adequacy of
Public Services Which the Agency Provides or is Authorized
to Provide.
Factor 4:
The Existence of Any Social or Economical Communities of
Interest in the Area Relevant to the Agency.
SUBJECT: Sphere of Influence
The establishment of a Sphere of Influence is a process whereby the City looks at the
future growth potentials and the establishment of its existing boundaries through
annexation.
The City of Temecula upon incorporation was comprised of about 26 square miles of
urbanized area, but did not have a defined Sphere of Influence. After the City Council
defines the Sphere of Influence which they feel is appropriate, we must take into
consideration the four factors mentioned above.
Once the City Council has defined the appropriateness of the Sphere of Influence
boundaries, a request will then be filed with the Local Agency Formation Commission
(LAFCO) for an official description of that sphere. The Local Agency Formation
Commission (LAFCO) is required by the State of California to hold its hearings in a
timely manner and to consider the factors contained in our report.
The Local Agency Formation Commission (LAFCO) is not required to specifically
approve the boundaries as suggested by the City, but may modify them based upon
public comment, discussion, and other factors pertinent to this issue.
A Sphere of Influence is a guide for the City to follow and for others to acknowledge
as a community grows and reaches out to provide public services to potential areas
of annexation. We have received indications from several property owners that they
desire to be included in our Sphere of Influence and are anxious to proceed with
annexation to the City of Temecula.
As we file our application with the Local Agency Formation Commission (LAFCO), we
will also be negotiating for the incorporation of certain areas within our Sphere for
annexation to the City.
The consultants as noted above will be present at the City Council meeting of
November 27, 1990 to discuss their findings and present their recommendation to the
City Council.
It is my recommendation that the City Council, after deliberation, instruct the City
Manager and the consultants for the City to submit to the Local Agency Formation
Commission (LAFCO) an application for the establishment of the City of Temecula
Sphere of Influence.
Attachment:
Resolution No. 90- Re: Sphere of Influence
City of Temecula Sphere of Influence Proposal
City of Temecula Sphere of Influence Proposal
Discussion of Four Factors in
Government Code Section 56425
Factor 1: Present and Planned Land Uses in the Area
Properties within the proposed sphere of influence for the
City of Temecula support a diverse land use base in terms of
existing, approved and proposed uses, and together with the
City of Temecula possess a strong potential for a desirable
jobs/housing balance. For the purpose of this discussion, the
following analysis has been divided into four sections
corresponding to properties located north, south, east and
west within the proposed sphere of influence. The discussion
of each section has been divided into three subsections
corresponding to existing, approved and proposed land uses.
The factors discussed under each area indicate the area's
relationship to Temecula, thereby supporting the symbiotic
relationship with the presently incorporated City and the
logic for inclusion in Temecula's ultimate boundaries.
A. Northern Sphere Area:
The most diverse and rapidly changing portion of the
sphere of influence is the property situated in the
northern segment of the sphere area. It is changing from
its traditional use as a rural area to more urban types
of land uses. Urbanization is focused on the City of
Temecula along the Highway 79/Winchester Road corridor.
This northern segment contains the Lake Skinner
Recreation Area which provides water and recreational
land uses to the entire region. Also included in this
northern segment is the French Valley Airport which
serves the area as a general aviation facility.
Several specific plans have been approved in this area.
The Winchester Properties Specific Plan No. 213 is the
furthest along. It's progress includes the recordation
of several maps, on-site grading and the construction of
some model home complexes. Other specific plans include:
Rancho Bella Vista, Dutch Village, Warm Springs, Alta
Murrieta and Winchester Mesa, all of which are in various
stages of development. Many of the specific plans in
this area are planning some commercial development;
however, the majority of the region's commercial and
industrial property is located in the City of Temecula.
1
Plans have been proposed to expand the French Valley
Airport to include limited commercial flights in the form
of commuter shuttles. This proposed expansion would
allow for some industrial and commercial uses within the
airport's general locale. Existing and particularly
future operations of the airport are critical to
Temecula's emerging business community and industrial
base and vise versa The City is very supportive of
opportunities to expand airport operations and to protect
the airport's long-term viability.
A major specific plan has been proposed for a 900-acre
area surrounding the airport. This plan, termed the
Borel Airpark Center, will have the potential to generate
over 25,000 jobs contained in industrial and business
uses compatible with airport operations.
Emergence of these jobs will need to be coordinated with
the availability of shopping, services and homes in the
local area.
Eastern Sphere Area
The property in this segment extends east to Vail Lake
and is bisected by Rancho California Road. This portion
of the sphere area enjoys a relatively stable and fixed
land use base. The two uses that dominate are rural-
residential and zones preserved for agriculture. No
transition from rural to urban uses are foreseen in this
environment.
Residential properties are represented by large custom
single-family homes on large two to five acre parcels.
CC&R's have imposed some architectural and minimum lot
size restrictions on these "mini ranch style" homes.
Agricultural uses include citrus crops and many
vineyards. The vineyards, in particular, are unique to
the Temecula Valley and are a vital part of Temecula's
cultural makeup and community identity. Inclusion of the
citrus/vineyard area in the sphere and ultimate potential
boundaries of Temecula would allow strong local control
to protect the long-termviability of these resources and
to preclude intrusion by incompatible uses. Vail Lake
is in the easternmost portion of the sphere area and is
of significant value for recreational use as well as for
storage of water for local needs.
Approved projects include numerous parcel maps that
involve the division of large parcels, greater than ten
acres. Although these projects are small, the aggregate
effect of them is great and careful steps need to be
taken during the planning process to avoid any
2
undesirable projects that might affect the local area
adversely. The stronger degree of control typically
exercised by municipal administration would be effective
in protecting these values.
A specific plan for Vail Lake has been proposed; however,
at this time plans are only conceptual and no official
planning has occurred.
Southern Sphere Area
The southern sections extends south from the City of
Temecula to the Riverside/San Diego County border. Land
uses are predominantly rural, made up of agricultural and
rural-residential uses. The agricultural land uses in
this section are dominated by small enclaves of
commercially grown citrus. Residential properties are
similar to those in the eastern sphere area; large custom
homes on large two to five acre parcels. This southern
section also includes large amounts of permanent open
space and the Pechanga Indian Reservation.
The area is experiencing some land use transition from
rural to urban uses, particularly along the Highway 79
corridor which provides access to the three specific
plans in this section. The Redhawk Specific Plan No. 217
has progressed the furthest with the recordation of
tentative maps, some on-site grading and the construction
of some model home complexes. The Vail Ranch Specific
Plan No. 225 has also progressed relatively far, the
recordation of some maps and limited grading characterize
its progress. The third specific plan in the area is
the Murdy Ranch Specific Plan No. 228. This plan has
been approved and maps are currently in the processing
stage.
No new development other than the three specific plans
have been proposed for the area. Due to the fact that
these areas are located between the incorporated City and
the County line, inclusion in Temecula's sphere is most
logical.
D. Western Sphere Area
The western sphere area also presently has a relatively
stable and fixed land use base. This section is bounded
by the Cleveland National Forest in the west and by San
Diego County in the southwest. Access to this sphere is
gained via Rancho California and Clinton Keith Roads.
The region is composed of mountainous property with some
distinct plateau features such as the rolling savannah
of the Santa Rosa Plateau. Residential development
3
includes large custom homes in distinct enclaves such as
the La Cresta community. Agricultural uses include
preserves used for the production of avocados and citrus
crops. The Santa Rosa Plateau Nature Conservancy is also
included in this western sphere area. This conservancy
was established te protect the indigenous cultural
resources unique to the local area.
The only approved large-scale development in the sphere
area is the Walker Basin Specific Plan No. 172. Situated
just south of Rancho California Road, this specific plan
will feature a golf course and create urban densities
within the specific plan.
Proposed development includes the Santa Rosa Springs
Specific Plan, the Silvan Meadows Specific Plan and the
Hidden Meadows Specific Plan, all of which are in the
planning stages.
Inclusion of this area in the sphere is appropriate
because it is served exclusively by the Rancho California
Water District which largely services the incorporated
city and because it represents a logical extension of the
primary access provided by Rancho California Road.
Factor 2: The Present and Probable Need for Public Facilities
and Services in the Area
The ensuing discussion has been divided into several
subsections corresponding to the facilities and services
needed within the proposed sphere of influence area.
A. Circulation
As indicated above in the discussion of land uses,
several areas within the proposed sphere of influence are
in a state of transition from rural to urban land uses.
Many roads within these areas are currently operating at
or beyond full capacity and many intersections need
signalization. The sphere area's present network of
roads will be clearly inadequate to accommodate the
anticipated traffic flows generated from the expected
future development. Some, but far from all, of the roads
do currently have General Plan designations that are
commensurate with the levels of traffic anticipated in
these transition areas. Additionally, the City would
have the ability to develop a well-planned circulation
network, a condition that is sorely lacking under current
County administration.
As known projects within the rural-to-urban transition
areas build out, the overall circulation system will
require the expansion and extension of roadways
consistent with the General Plan improvement
designations. The cost of these improvements will be
either assumed by developers or paid for through some
type of financing mechanism such as an assessment
district or community facilities district. If these
areas were within the City of Temecula's sphere of
influence, the City could assist with the planning,
financing, implementation and maintenance of these roads
plus others not yet planned that inevitably will be
needed.
Given Temecula's local focus and relationship to the
proposed sphere area, it would be the most appropriate
agency to oversee development of the area-wide
circulation system. Temecula is essentially the centroid
and a primary destination of local roads, both existing
and planned. Local control would be superior to County
or other external agency control.
Water and Sewer
Within the proposed sphere of influence, water services
are provided by the Rancho California Water District
(RCWD) and Eastern Municipal Water District (EMWD).
Principal sources of water for both districts include
local wells and the Metropolitan Water District which
receives its water from the Colorado River and Northern
California via the State Water Project. Some areas
within the proposed sphere are committed to rural land
uses and receive their water supply from on-site private
wells.
Sewer services within the proposed sphere are provided
by EMWD who maintains a sewage treatment plant located
on Diaz Road in Temecula. Properties within the more
rural outlying areas receive sewer service from
individual septic tanks and leach field systems.
Contemporary water and sewer needs are being met with the
facilities that are currently on line; however, these
facilities will need to be expanded in order to handle
the anticipated future demand for water and sewer
services. The majority of projects approved and under
construction within the urbanizing areas are being
designed and developed through the specific
plan/environmental impact report process. As a result,
the demands for water and sewer improvements these
projects will require and generate have been evaluated
both from project exclusive and cumulative perspectives.
The various sewer and water servicing agencies,
therefore, have had the opportunity to anticipate user
demand and upgrade and expand their respective systems
accordingly.
As with circulation improvements, water and sewer
expansion financing will be approached primarily through
assessment districts. Because of the interdependence
between Temecula and the proposed sphere area, it would
be logical for Temecula to assist with the coordination
and planning of these services.
Fire Protection
Fire protection services presently are provided to the
proposed sphere of influence area by the County of
Riverside Fire Department and the California Department
of Forestry. These services include fire prevention,
fire suppression and on-scene emergency medical care.
The need for such services is directly related to the
population of the area and the numbers and types of
commercial and industrial buildings within it. Since the
area has been and will apparently continue to experience
growth in both population, industry and commerce, the
need for fire protection can be expected to increase
accordingly. Presumably, the State of Calilfornia and
the County of Riverside will provide more fire protection
facilities, equipment and personnel throughout the area
as growth requires. However, the proposed sphere area
is incurring so much growth, and in some parts highly
urbanized growth, that County-average levels of fire
protection will not necessarily be adequate in the
future.
The City of Temecula also continues to contract with the
County Fire Department for fire protection services. The
City is considering assumption of these services so it
can assure the appropriate levels of service for the more
urban community that it is fast becoming. The same
municipal level of fire protection may soon be needed for
at least parts of the proposed sphere area, particularly
the French Valley Airport, due to increased aviation and
commercial activities.
Police Protection
All police protection services presently are provided to
the proposed sphere of influence area by the County of
Riverside Sheriff's Department. The nearest Sheriff's
substation to the sphere area is located in the City of
Lake Elsinore. The level of police protection that the
Sheriff Department currently sets for the sphere area is
6
one sworn officer per 4,000 population. The budget for
the facilities, equipment and personnel to support this
level of service is set by the Riverside County Board of
Supervisors. It is, of course, subject to County-wide
fiscal considerations. The need for police protection
is generally related to population density and commercial
activities. Due to increased activity, daytime
population and resulting crime and traffic, this need is
typically disproportionately higher in more urbanized
areas. Because of the considerable growth already
experienced and much more expected within the proposed
sphere area, the need for police protection is already
relatively high and expected to increase significantly
in the future. The need will be especially great in the
parts of the sphere area that are becoming more
urbanized.
The City of Temecula also still contracts with the
Sheriff's Department for police protection services.
However, the City has already requested the Sheriff to
begin increasing the level of police services provided
within the City toward a goal of one sworn officer per
1,000 population. This is much more typical of the level
of police protection both desired and needed in urbanized
municipalities. It is expected that similar levels of
police protection already are or soon will be needed in
the urbanizing parts of the proposed sphere area. The
City of Temecula is considering assuming its own police
services to be able to assure that the level of service
is always adequate as the community continues to
urbanize. Continually increasing needs for police
protection for the sphere area will inevitably far exceed
the County-wide average level provided by the Sheriff's
Department. In the future there will almost certainly be
great public pressure for more police protection in the
sphere area. This could be accomplished by increasing
the level of Sheriff's services for that area, which may
be difficult for the County from its broader perspective.
Or, additional services could be provided by a municipal
police department headquartered locally and supported by
the local taxpayers.
Along with traffic circulation, police protection is
clearly the most critical public service need for the
proposed sphere area both now and in the future. The
need will become even greater in the future if projected
growth patterns continue.
Parks and Recreation
The southwestern area of Riverside County enjoys over
12,000 acres of recreational facilities; however, the
7
majority of this acreage is provided by three large
recreational areas and small local parks are quite
limited which is a serious problem that is already
affecting the community negatively. These regional
multi-use recreation facilities include the privately
owned California Nature Conservancy in the Santa Rosa
Mountains, Vail Lake and the Lake Skinner recreational
areas which are maintained by the Riverside County Parks
and Recreation District. Additionally, there are some
smaller neighborhood parks which are maintained primarily
by community facilities districts and County service
areas. The current General Plan policies require the
inclusion of parks and recreational facilities throughout
the area by all new developments. Either fees or
allocated land is secured from the developers; however,
park development can be delayed due to State law
limitation and master planning schedules.
The City of Temecula recognizes that there is a shortage
of local park space within the City and is, therefore,
creating a Parks and Recreation Department. This
department's primary focus will be on creating and
maintaining more park facilities for local residents and
could easily be expanded to accommodate the property in
the sphere area.
Solid Waste
Properties within the sphere area currently contract with
at least four private companies for rubbish pickup and
disposal. The Riverside County Solid Waste Management
Department is responsible for the disposal sites which
receive solid waste from Temecula and the sphere area.
Currently there are two solid waste disposal sites in the
vicinity of the subject site. The Double Butte Landfill
is located north of the project area in the Community of
Winchester. This landfill was expected to reach capacity
by the year 2,000; however, Riverside County estimates
that it may reach capacity before that time. An
additional landfill was opened in 1987 called the E1
Sobrante Landfill. This landfill is located northwest
of the project site and is estimated to reach capacity
by the year 2007. Because of the continued growth of the
area, additional landfills will be needed in order to
handle increased solid waste the area generates. The
City of Temecula, however, has some mandatory recycling
programs in the planning process that may mitigate the
need for developing new landfills before the next decade.
Through its franchising authority, the City will be more
effective in coordinating collection and disposal
activities in an environmentally responsible manner.
8
G. Libraries
At the present time, a temporary County branch for the
Temecula area is located in the Rancho California Plaza
at Rancho California and Ynez Roads. The existing
library contains 13,000 volumes in a 2,000 square foot
facility. The General Plan policies emphasize the
importance of providing libraries and local cultural
resources and recognized the need to provide adequate
facilities. The Temecula area has a particular shortage
at this time; however, a new regional library for
Temecula is planned at the northeast corner of Winchester
and Ynez Roads. The City will assist the County in its
effort to provide library services to the southwest
Riverside County area and the Temecula sphere of
influence.
Airports
The project site is located in southwestern Riverside
County and is not within close proximity to any major
airport that provides services for commercial aviation.
However, in the northern section of the sphere of
influence is the French Valley Airport that currently
provides general aviation and some commuter services.
French Valley Airport may expand its commuter traffic in
the form of air shuttles in the future. The French
Valley Airport is owned by the County of Riverside and
operated by the Riverside County Community and Economic
Development Agency. Current and, particularly, future
operations of the airport are critical to Temecula's
emerging business community and industrial base and vise
versa. The City is very supportive of opportunities to
expand airport operations and to protect the airport's
long-term viability.
Factor 3: The Present Capacity of Public Facilities and
Adequacy of Public Services which the Agency Provides or is
Authorized to Provide
A. Circulation
The City of Temecula has undergone considerable growth
within the last five years, changing from traditionally
rural land uses to more urban types of uses. This growth
placed a tremendous strain on the City's and region's
infrastructure, including its roadways. Fortunately, as
projects built out, roadways were expanded and now
generally handle traffic at a comfortable level of
service. The City has also been successful in keeping
its road network clean and in well maintained condition.
Temecula also has been taking steps to mitigate serious
traffic problems at the intersections around 1-15 and
Winchester and Rancho California Roads. These locations
became extremely congested during peak traffic hours.
In response, Temecula installed traffic control officers
who keep the traffic flowing. Currently, momentum is
being developed by the City to solve traffic problems
that can be extended beyond its present boundaries and
improve circulation within the proposed sphere. In
addition, the circulation element of the City's General
Plan will enable a functional, well-planned roadway
network for the proposed sphere - current County plans
are inadequate, particularly for the French Valley area.
Water and Sewer
Within the City of Temecula, water services are provided
by the Rancho California Water District (RCWD). Sources
of water for RCWD include local wells and the
Metropolitan Water District. Local water storage is
provided by two reservoirs in the local area, Lake
Skinner and Vail Lake.
The Eastern Municipal Water District (EMWD) provides more
than adequate sewer service within the City via a sewage
treatment plant located in Temecula on Diaz Road. Both
the RCWD and EMWD's boundary lines closely coincide with
the sphere map boundaries; thereby supporting Temecula
as a logical administrative center.
Fire Protection
Properties within the proposed sphere of influence
receive fire protection services from fire stations
operated by the California Department of Forestry and the
Riverside County Fire Department. These services include
fire prevention, fire suppression and on-scene emergency
medical care. Currently these stations are providing
adequate service; however, the area in question has been
and apparently will continue to experience growth, thus
overwhelming the present facilities and requiring
additional fire protection facilities. Naturally,
Riverside County and the State Department of Forestry
will equip supplementary fire protection facilities,
equipment and personnel throughout the area as required.
However, given the amount of growth that the area is
experiencing and is planning for, the County and State
average levels of fire protection will not be sufficient
to protect an urbanized community.
10
The property within the City of Temecula is also served
by these two fire protection agencies. Temecula City
officials have foreseen that as the City grows and
becomes more urbanized, additional fire protection
facilities, equipment and personnel will be required.
Because of this, the City of Temecula has considered and
executed some rudimentary plans to assume these services,
therefore providing the best possible fire protection to
the community. If the proposed area was included within
Temecula's sphere of influence, properties within it
would benefit from this high level of fire protection as
well.
Police Protection
The territory contained within the proposed sphere of
influence receives its police protection from the
Riverside County Sheriff's Department. Deputies are
stationed and dispatched from the Sheriff's Department
sub-station in the City of Lake Elsinore. Response times
of one-half hour or more are commonplace; clearly
inadequate for an urbanizing area. The level of police
protection presently being provided is one sworn officer
per 4,000 population, a relatively low level of police
protection considering that some areas have moderately
high urban densities. This level of police protection
and the financial resources that support it, are
controlled by the Riverside County Board of Supervisors
and are subject to fluctuations in County expenditures.
As this area continues to grow, adding residential,
commercial and industrial properties, increased police
protection, including facilities, personnel and equipment
will be needed in order to provide the community with
adequate police protection.
The City of Temecula is presently contracting with the
Riverside County Sheriff's Department for police
protection as well. However, City officials have
recognized the need for additional police protection and
have requested that the County provide increased police
protection to one officer per 1,000 population, a level
that is commensurate with urbanized communities. The
City also plans to establish more reasonable response
times for police protection. Recognizing that the County
may not be able to provide this level of service, City
officials have considered adopting police services in
order to always provide a more than adequate level of
service to the community.
It is obvious that the property in the sphere area will
continue to grow and urbanize. Naturally, the added
commercial and residential populations will require
11
additional police protection that will exceed the County-
wide average level provided by the Riverside County
Sheriff's Department. Public concern will, undoubtedly,
put pressure on County representatives to provide
supplemental deputies and equipment to the area, which
may be quite difficult, economically, for the County to
provide. An alternative option to mitigate this problem
could be accomplished by a municipal police department
located in Temecula and supported by local tax payers.
Parks and Recreation
The residents of Temecula and the proposed sphere area
presently have access to several thousand acres of
parkland in the form of regional facilities maintained
by the Riverside County Parks and Recreation Department.
There are also smaller neighborhood parks available,
however, their numbers are quite limited. Given the
urbanization that has and will be occurring, the current
park facilities are clearly inadequate to provide
recreational space, particularly for the residents living
within the sphere of influence. The current General Plan
policies require the inclusion of parks and recreational
facilities throughout the area by all new developments.
Unfortunately, due to legal issues and planning
schedules, the actual park sites can be, and usually are,
delayed several years.
The City of Temecula has began to develop a Parks and
Recreation Department in order to mitigate the problem
the local area is having with the lack of park space.
This department will concentrate its efforts on obtaining
and maintaining additional park sites in the form of
neighborhood parks. Locally controlled maintenance and
administration, combined with the ability to expedite the
development of new park space, would be among the
benefits that the residents in the proposed sphere area
would receive if they were included in Temecula's sphere
of influence.
Solid Waste
Residents and businesses in the sphere area receive
rubbish pickup and disposal service through contracts
with private disposal companies. Rubbish is hauled to
two landfills in the area for disposal. These two
facilities, the Double Butte and the E1 Sobrante
Landfills, are operated by the Riverside County Solid
Waste Management Department. County officials estimate
that the Double Butte facility will reach capacity before
the year 2000, and E1 Sobrante by 2007. For both
facilities, capacity will be reached prior to the
12
originally estimated date. Rapid growth, urbanization
and lack of County enforced recycling programs are among
the reasons for the premature capacity dates. With
continued growth occurring in the sphere area, an
additional landfill will be needed before the end of the
decade.
The City of Temecula also contracts with private carriers
for rubbish pickup and disposal. City officials have
recognized the serious problem of solid waste disposal
that faces the region and have some mandatory recycling
programs in the planning process. If the properties in
the proposed sphere of influence were included in
Temecula's scheme for recycling, the aggregate effect for
the entire region may be to extend the useable life of
the existing facilities and relieve the need for
developing new landfills before the next decade.
Factor 4: The Existence of anV Social or Economic Communities
of Interest in the Area Relevant to the AqencV
There are several very significant communities of social and
economic interest that link the proposed sphere of influence
are to the City of Temecula. These communities of interest
are not only active today, but several have a long history
involving Temecula and the surrounding areas.
Temecula itself has a long history as a town and, in that
sense, as the focal point of what is now the City of Temecula
and of the proposed sphere area overall. The first post
office in the area was established in Temecula in 1859, and
about the same time Temecula became a station on the
Butterfield Stage Line. In the 1890's the 86,500 acre Vail
Ranch was assembled around Temecula. This huge landholding,
the largest cattle ranch in Southern California, prospered
for many years with the town of Temecula serving the needs of
the ranch and its residents.
The modern situation in Temecula and the sphere area began in
the late 1960's when a consortium of developers purchased the
Vail Ranch and a portion of the Santa Rosa Ranch for a total
landholding of 96,500 acres, or about 150 square miles. This
entire area which encompassed Temecula and most of the
proposed sphere area was then master planned for development
and named Rancho California.
However, the town of Temecula remained the municipal and
commercial focal point of the area and the Temecula Town
Association was incorporated in 1970. For the next two
decades growth within the Rancho California planned community
accelerated on both sides of the Highway 395/Interstate 15
corridor; slowly at first, then much more rapidly. In
13
November, 1989, local voters approved incorporation of the new
City of Temecula covering about 26 square miles of the most
highly urbanized area in the very center of the Rancho
California planned community. The City includes the old town
of Temecula and the developed area around it on the west side
of 1-15, an even larger, mostly developed area, on the east
side of 1-15.
In many, probably most, ways the communities of Temecula and
Rancho California are one. Rancho California was planned
around the town of Temecula and the two grew up together; the
two are socially and economically one unit. That is why the
entire area of the Rancho California Water District
(essentially the boundaries of the planned community of Rancho
California) is recommended to be included in the sphere of
influence of the City of Temecula.
Within the Rancho California area lies another place with
special bonds to Temecula. This is the famous wine country
just east of the present City boundary, along both sides of
Rancho California Road. The people of Temecula have long-
standing social and cultural ties to these nearby vineyards
and wineries. The most obvious evidence of this community of
interest is the very popular annual Balloon and Wine Festival.
On a daily basis, the winery tours, tasting/sales rooms and
restaurants are growing attractions to local residents and
tourists alike. Like many other parts of the proposed sphere
area, the wine country is feeling the pressure of growth and
urbanization around it. Particular threats to the wine
country are traffic congestion and pressures for land use
changes. The City of Temecula believes that the wine country
is a valuable cultural and economic resource and should be
protected and preserved. At the same time, the City of
Temecula is anxious to assist in improving roads and
circulation patterns in and around the wine country. For
these reasons, the wine country should be a compatible part
of the Temecula sphere of influence.
Two special economic communities of interest involve two large
assessment districts that both lie partly within and partly
outside the present boundaries of the City of Temecula. These
are the Winchester Properties Assessment District (AD 161) on
the north side of the City and the Rancho Villages Assessment
District (AD 159) on the southeast side. Both assessment
districts were formed to finance roads and other
infrastructure needed for development, part of which is
underway but far from finished. The proposed boundaries would
put both assessment districts entirely within the Temecula
sphere of influence. This would allow Temecula to properly
plan for the impacts of these key urbanizing areas and
possibly to assist in coordinating optimum solutions to
circulation problems and other common needs.
14
In general, the City of Temecula shares the social and
economic communities of interest with the sphere area that are
typical between a municipal town center and its surrounding
residential and agricultural areas. Temecula is clearly the
social and economic hub of the sphere area. It is the focal
point of employment, shopping and entertainment, as well as
financial and professional services, for people living in the
sphere area and even beyond. Temecula is also the
governmental and administrative center of the entire area.
In addition to the City government itself and its services,
Temecula is the site of the Walt Abraham County Administrative
Center with offices of the County Supervisor, the County
Assessor, the Agricultural Commissioner, the County Fire
Department, the County Planning Department, the Registrar of
Voters, the County Health and Mental Health Departments, the
Social Services Department, the Sheriff's Department and the
Municipal Court. The regional office of the California
Highway Patrol is also located in the City of Temecula.
15
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA REQUESTING THE
RIVERSIDE COUNTY LOCAL AGENCY
FORMATION COMMISSION TO ESTABLISH THE
PROPOSED INITIAL SPHERE OF INFLUENCE FOR
THE CITY OF TEMECULA AS PROVIDED IN
CALIFORNIA GOVERNMENT CODE SECTION 425,
ET SEQ
WHEREAS, the City of Temecula was incorporated on December 1, 1989, and an initial
Sphere of Influence has not yet been determined by the Riverside County Local Agency
Commission for the City of Temecula; and
WHEREAS, a Sphere of Influence is a long-range plan for the probable ultimate physical
boundaries and service area of a local agency such as a city, as determined by the Commission;
and
WHEREAS, the purpose of Sphere of Influence is to enable the orderly development of
a city relative to adjacent unincorporated areas, to provide for the present and future service
needs of the county and it communities, and to avoid duplication of advance planning by nearby
cities; and
WHEREAS, the Cortese/Knox Government Reorganization Act of 1985, Chapter 4,
establishes a procedure for the determination of Sphere of Influence; and
WHEREAS, in accordance with California Government Code Section 56425, an
application, maps and legal descriptions defining the proposed Sphere of Influence boundaries,
written discussions of the four factors required by Section 56425, and this Resolution have been
prepared for submission to the Riverside County Local Agency Formation Commission; and
WHEREAS, on November 27, 1990 the City Council considered evidence relative to
the proposed Sphere of Influence request.
NOW, THEREFORE the City Council of the City of Temecula does hereby resolves
as follows:
SECTION 1. The City Council of the City of Temecula hereby formally requests that
the Riverside County Local Agency Formation Commission determine and establish an initial
Sphere of Influence for the City of Temecula as depicted in the Map entitled "Sphere of
Influence Area" and attached hereto as Exhibit A, and as defined by the Legal Description
entitled "Legal Description for the City of Temecula Sphere of Influence Area" and attached
3/Resos116
hereto as Exhibit B; and
SECTION 2. The City Council of the City of Temecula does hereby formally request
that the Riverside County Local Agency formation Commission determine and declare that this
request and application for an initial Sphere of Influence is categorically exempt under the
provisions of the California Environmental Quality Act.
PASSED, APPROVED AND ADOPTED this 271h day of November, 1990.
Ronald J. Parks, Mayor
ATTEST:
June S. Greek, Deputy City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY
that the foregoing Resolution No. 90- was duly adopted at a regular meeting of the City of
Temecula on the 271h day of November, 1990, by the following roll call vote.
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, Deputy City Clerk
3/Rcsosl 16
. }
I I
NEXHIBIT Bs
LEGAL DESCRIPTION FOR THE CITY OF TEMECULA
SPHERE OF INFLUENCE AREA
PORTIONS OF THE RANCHO PAUBA IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS GR/4NTED BY THE GOVERNMENT OF THE UNITED STATES TO
LUIS VIGNES, BY PATENT DATED JANUARY 19, 1860 AND RECORDED IN BOOK
1 PAGE 45 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER WITH PORTIONS OF THE
RANCHO SANTA ROSA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
AS GRANTED BY THE GOVERNMENT OF THE UNITED STATES TO JUAN MORENO,
BY PATENT DATED OCTOBER 10, 1872, RECORDED JANUARY 8, 1873 IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, TOGETHER WITH PORTIONS OF THE MURRIETA PORTION OF THE
TEMECULA RANCHO AS SHOWN BY MAP OF THE TEMECULA LAND AND WATER
COMPANY ON FILE IN BOOK 8 PAGE 359 OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER
WITH PORTIONS OF THE PAUBA LAND AND WATER COMPANY SUBDIVISION ON
FILE IN BOOK 11 PAGE 507 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER WITH
PORTIONS OF TOWNSHIP 8 SOUTH, RANGE 2 WEST; TOWNSHIP 8 SOUTH, RANGE
3 WEST; TOWNSHIP 7 SOUTH, RANGE 3 WEST; TOWNSHIP 6 SOUTH, RANGE 3
WEST; TOWNSHIP 6 SOUTH, RANGE 2 WEST; TOWNSHIP 6 SOUTH, RANGE 1
WEST; AND TOWNSHIP 7 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN,
ALL IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICU-
LARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF RANCHO PAUBA AS SHOWN ON
RECORD OF SURVEY THEREOF, AS FILED IN BOOK 49 PAGES 93 AND 94 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID RANCHO PAUBA,
WESTERLY (SOUTH 85° 05' 22" WEST, 21822.02 FEET RECORD) AND
NORTHWESTERLY (NORTH 49° 13' 26" WEST RECORD) TO ITS INTERSECTION
WITH THE EASTERLY RANGE LINE OF TOWNSHIP 8 SOUTH, RANGE 2 WEST;
THENCE LEAVING SAID SOUTHERLY LINE OF RANCHO PAUBA, SOUTHERLY ALONG
SAID EASTERLY RANGE LINE AND ALONG THE WESTERLY LINE OF SECTIONS
19, 30 AND 31, TOWNSHIP 8 SOUTH, RANGE 1 WEST, TO THE SOUTHEAST
CORNER OF SECTION 36, TOWNSHIP 8 SOUTH, RANGE 2 WEST, ALSO BEING
THE NORTHERLY COUNTY LINE OF SAN DIEGO COUNTY, CALIFORNIA; THENCE
LEAVING SAID WESTERLY RANGE LINE AND WESTERLY ALONG THE SOUTHERLY
TOWNSHIP LINES OF TOWNSHIP 8 SOUTH, RANGE 2 WEST AND TOWNSHIP 8
SOUTH, RANGE 3 WEST, ALONG SAID COUNTY LINE TO THE WESTERLY RANGE
LINE OF TOWNSHIP 8 SOUTH, RANGE 3 WEST, BEING THE SOUTHWEST CORNER
OF SECTION 31, TOWNSHIP 8 SOUTH, RANGE 3 WEST; THENCE NORTHERLY
ALONG SAID RANGE LINE AND SAID COUNTY LINE, ALONG THE WESTERLY LINE
OF SECTIONS 31 AND 30 TO ITS INTERSECTION WITH THE SOUTHERLY LINE
OF RANCHO SANTA ROSA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED
IN BOOK 56 PAGES 39 THROUGH 41 OF RECORD OF SURVEYS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHWESTERLY (NORTH
68° 21' 03" WEST RECORD) ALONG THE SOUTHERLY LINE OF SAID RANCHO
SANTA ROSAAND SAID COUNTY LINE TO THE SOUTHWESTERLY CORNER OF SAID
RANCHO SANTA ROSA AND ANGLE POINT IN SAID COUNTY LINE; THENCE
NORTHEASTERLY (NORTH 21° 30' 40" EAST RECORD) ALONG THE SOUTHWEST-
ERLY LINE OF RANCHO SANTA ROSA AND SAID COUNTY LINE AS SHOWN ON
RECORD OF SURVEY THEREOF, AS FILED IN BOOK 52 PAGE 99 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TO AN
ANGLE POINT IN THE NORTHERLY BOUNDARY OF THE COUNTY LINE OF SAN
DIEGO COUNTY; THENCE LEAVING SAID COUNTY LINE AND CONTINUING
NORTHEASTERLY (NORTH 21° 30' 40" EAST RECORD) ALONG THE SOUTHWEST-
ERLY LINE OF SAID RANCHO SANTA ROSA TO AN ANGLE POINT THEREIN;
THENCE CONTINUING, NORTHEASTERLY (NORTH 19° 01' 07" EAST, 20150.21
FEET RECORD), NORTHEASTERLY (NORTH 45° 52' 03" EAST, 5841.53 FEET
RECORD), NORTHEASTERLY (NORTH 38° 04' 44" EAST, 12167.28 FEET
RECORD) TO THE SOUTHERLY LINE OF THE WILDOMARTRACT AS SHOWN ON THE
AFOREMENTIONED RECORD OF SURVEY; THENCE LEAVING SAID SOUTHWESTERLY
RANCHO SANTA ROSA LINE AND SOUTHEASTERLY (SOUTH 19° 11' 40" EAST,
3725.87' RECORD), EASTERLY (SOUTH 74° 54' 40" EAST, 2855.79 FEET,
SOUTH 86° 01' 03" EAST, 3494.21 FEET, (SOUTH 85° 44' 38" EAST,
4401.15 FEET RECORD) ALONG THE SOUTHERLY LINE OF SAID WILDOMAR
TRACT TO ANANGLE POINT IN THE NORTHERLY LINE OF LOT 7 AS SHOWN ON
RECORD OF SURVEY THEREOF, AS FILED IN BOOK 54 PAGE 59 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 7 (SOUTH 85°
44' 38" EAST, 430.58 FEET RECORD) TO THE EASTERLY CORNER THEREOF;
THENCE SOUTHWESTERLY (SOUTH 54° 48' 18" WEST, 4951.90 FEET RECORD)
AND SOUTHERLY (SOUTH 13° 27' 09" WEST, 3546.72 FEET RECORD) ALONG
THE SOUTHEASTERLY AND EASTERLY LINES OF THE AFOREMENTIONED RECORD
OF SURVEY TO THE SOUTHEAST CORNER OF LOT 1 OF SAID RECORD OF
SURVEY; THENCE LEAVING SAID EASTERLY LINE, EASTERLY (SOUTH 84° 25'
57" WEST, 597.89 FEET RECORD) ALONG THE WESTERLY PROLONGATION OF
THE NORTHERLY LINE OF PARCEL 1 AS SHOWN ON RECORD OF SURVEY
THEREOF, AS FILED IN BOOK 54 PAGE 20 OF RECORD OF SURVEYS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHEASTERLY
(NORTH 45° 04' 58" EAST, 1574.92 FEET RECORD), SOUTHEASTERLY (SOUTH
52° 45' 55" EAST, 3297.46 FEET, AND SOUTHERLY (SOUTH 07° 24' 24"
EAST, 1590.46 FEET RECORD) TO AN ANGLE POINT IN THE NORTHEASTERLY
LINE OF PARCEL 9 OF SAID RECORD OF SURVEY, ALSO BEING A SOUTHWEST-
ERLY CORNER OF A PORTION OF PARCEL 4 AS SHOWN ON PARCEL MAP NO.
18348 THEREOF, AS FILED IN BOOK 106 PAGES 29 THROUGH 36 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE SOUTHWESTERLY AND SOUTHERLY LINES OF SAID PARCEL MAP NO.
18348, EASTERLY (SOUTH 78° 01' 26" EAST, 303.65 FEET RECORD),
NORTHERLY (NORTH 08° 23' 08" EAST, 2695.14 FEET RECORD), NORTHEAST-
ERLY (NORTH 59° 10' 20" EAST, 1083.13 FEET RECORD), EASTERLY (SOUTH
87° 09' 48" EAST, 111.50 FEET RECORD), SOUTHERLY (SOUTH 04° 20' 18"
EAST, 4957.80 FEET RECORD), EASTERLY (WEST 240.03 FEET RECORD),
NORTHERLY (NORTH 11° 42' 00" EAST, 2391.98 FEET RECORD), EASTERLY
(NORTH 82° 40' 33" EAST, 1749.48 FEET RECORD), SOUTHEASTERLY (SOUTH
38° 12' 45" EAST, 640.25 FEET RECORD), SOUTHERLY (SOUTH 04° 36' 49"
EAST, 634.13 FEET RECORD), SOUTHWESTERLY (SOUTH 29° 43' 50" WEST,
988.18 FEET RECORD), SOUTHERLY (SOUTH 15° 48' 09" EAST, 1322.12
FEET RECORD), SOUTHEASTERLY (SOUTH 54° 12' 09" EAST, 1025.90 FEET
RECORD), SOUTHERLY (SOUTH 1145.14 FEET, AND SOUTH 21° 10' 26" EAST,
1288.31 FEET RECORD), EASTERLY (SOUTH 85° 10' 50" EAST, 55.00 FEET
RECORD) TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY,
A RADIAL BEARING TO SAID POINT BEARS EASTERLY (SOUTH 85° 10' 50"
EAST RECORD); THENCE SOUTHERLY ALONG SAID CURVE (RADIUS OF 800.00',
LENGTH OF 567.78', CENTRAL ANGLE OF 40° 39' 51" RECORD) TO A POINT
ON A NON-TANGENT LINE, A RADIAL BEARING TO SAID POINT BEARS
SOUTHEASTERLY (SOUTH 44° 30' 59" EAST RECORD); THENCE ALONG SAID
LINE SOUTHEASTERLY (SOUTH 22° 38' 21" EAST, 1128.07 FEET RECORD),
NORTHEASTERLY (NORTH 46° 26' 30" EAST, 3131.51 FEET RECORD) TO AN
ANGLE POINT IN THE NORTHEASTERLY LINE OF RANCHO SANTA ROSA AND THE
WESTERNMOST CORNER OF PARCEL 1 AS SHOWN ON PARCELMAP 8391 THEREOF,
AS FILED IN BOOK 30 PAGES 72 THROUGH 73 OF PARCEL MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY
(SOUTH 47° 51' 07" EAST, 629.00 FEET, RECORD) ALONG THE NORTHEAST-
ERLY LINE OF RANCHO SANTA ROSA TO THE CENTERLINE INTERSECTION WITH
KALMIA STREET AS SHOWN ON SAID PARCEL MAP; THENCE CONTINUING
SOUTHEASTERLY (SOUTH 47° 51' 50" EAST, 1335.19 FEET RECORD) ALONG
THE NORTHEASTERLY LINE OF RANCHO SANTA ROSA AS SHOWN ON RECORD OF
SURVEY THEREOF, AS FILED IN BOOK 46 PAGE 16 OF RECORD OF SURVEYS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TO THE MOST
WESTERLY CORNER OF LOT 48 OF THE LANDS OF THE TEMECULA LAND AND
WATER COMPANY, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 359 OF MAPS
THEREOF, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG
THE NORTHWESTERLY AND SOUTHWESTERLY LINES OF THE LAND DESCRIBED BY
INSTRUMENT NO. 52138 RECORDED FEBRUARY 29, 1988 IN OFFICIAL RECORDS
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY TO A POINT
ON THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN INSTRUMENT NO.
152758 RECORDED APRIL 26, 1990 IN OFFICIAL RECORDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY,
SOUTHEASTERLY AND NORTHEASTERLY, ALONG THE NORTHWESTERLY, SOUTH-
WESTERLY AND SOUTHEASTERLY LINES OF THE AFOREMENTIONED INSTRUMENT
TO THE NORTHEASTERLY LINE OF SAID RANCHO SANTA ROSA; THENCE
SOUTHEASTERLY ALONG THE AFOREMENTIONED NORTHEASTERLY LINE TO A
POINT ON THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN INSTRUMENT
NO. 309049 RECORDED SEPTEMBER 8, 1989 IN OFFICIAL RECORDS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY
AND SOUTHEASTERLY ALONG THE NORTHWESTERLY AND SOUTHWESTERLY LINES
THEREOF, TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN
INSTRUMENT NO. 309056 RECORDED SEPTEMBER 8, 1989 IN OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF TO THE NORTH-
WESTERLY CORNER OF THE LAND DESCRIBED IN INSTRUMENT NO. 297146
RECORDED OCTOBER 14, 1987 IN OFFICIAL RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE THEREOF TO THE NORTHWESTERLY CORNER OF THE LAND
DESCRIBED IN INSTRUMENT NO. 309054 RECORDED SEPTEMBER 8, 1989, IN
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE SOUTHEASTERLYAND NORTHEASTERLY ALONG THE SOUTHWEST-
ERLY AND SOUTHEASTERLY LINES THEREOF, TO THE NORTHEASTERLY LINE OF
RANCHO SANTA ROSA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN
RECORDS OF SURVEY BOOK 58 PAGES 75 THROUGH 83, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY (SOUTH 47° 19'
01" EAST RECORD) ALONG SAID NORTHEASTERLY LINE, TO THE NORTHERNMOST
CORNER OF PARCEL 7 OF PARCEL MAP 5898 THEREOF, AS FILED IN BOOK 13
PAGE 85 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE SOUTHWESTERLY (SOUTH 42° 23' 50" WEST, 243.26 FEET
RECORD), SOUTHEASTERLY (SOUTH 46° 08' 54" EAST, 1101.27 FEET
RECORD), NORTHEASTERLY (NORTH 65° 18' 16" EAST, 284.44 FEET RECORD)
AND SOUTHEASTERLY (SOUTH 47° 36' 10" EAST, 286.84 FEET RECORD)
ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL MAP TO THE
SOUTHERLY CORNER THEREOF; THENCE CONTINUING SOUTHEASTERLY (SOUTH
47° 19' 01" EAST RECORD) ALONG THE NORTHEASTERLY LINE OF RANCHO
SANTA ROSA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK
58 PAGES 75 THROUGH 85 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY TO THE INTERSECTION WITH THE
CENTERLINE OF CHERRY STREET; THENCE NORTHEASTERLY (NORTH 48° 09'
38" EAST, 5748.30 FEET, NORTH 48° 10' 43" EAST, 1319.43 FEET, AND
NORTH 48° 00' 17" EAST RECORD) ALONG THE CENTERLINE OF CHERRY
STREET AS SHOWN ON THE AFOREMENTIONED RECORD OF SURVEY TO THE
NORTHEASTERLY RIGHT OF WAY OF INTERSTATE 15 (U. S. HIGHWAY 395);
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY RIGHT OF WAY OF SAID
INTERSTATE 15 TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF LOT
122 AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTHEASTERLY (NORTH
48° 10' 53" EAST RECORD) ALONG THE SOUTHERLY LINE OF LOT 122,
NORTHEASTERLY (NORTH 47° 27' 45" EAST, 1322.77 FEET RECORD) ALONG
THE SOUTHERLY LINE OF LOT 135, NORTHWESTERLY (NORTH 41° 43' 25"
WEST 1296.90 FEET RECORD) ALONG THE EASTERLY LINE OF LOT 135,
NORTHWESTERLY (NORTH 41° 39' 51" WEST, 1296.90 FEET RECORD) ALONG
THE EASTERLY LINE OF LOT 134, NORTHEASTERLY (NORTH 48° 17' 46"
EAST, 1321.84 FEET RECORD) ALONG THE SOUTHERLY LINE OF LOT 148,
NORTHEASTERLY (NORTH 47° 43' 08" EAST, 1318.00 FEET RECORD) ALONG
THE SOUTHERLY LINE OF LOT 157, NORTHWESTERLY (NORTH 41° 44' 38"
WEST, 648.43 FEET, NORTH 41° 53' 30" WEST, 660.43 FEET RECORD)
ALONG THE WESTERLY LINE OF LOT 172 TO THE CENTERLINE INTERSECTION
OF FIG STREET AND HANCOCK AVENUE, ALL AS SHOWN ON SAID RECORD OF
SURVEY; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT
172 TO ITS INTERSECTION WITH THE CENTERLINE OF MURRIETA HOT SPRINGS
ROAD BEING ON THE ARC OF A CURVE CONCAVE NORTHERLY AS SHOWN ON
PARCEL MAP 18947 THEREOF, AS FILED IN BOOK 120 PAGES 32 THROUGH 39
OF PARCELMAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE (RADIUS OF 1750.00 FEET
RECORD) TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUING
NORTHEASTERLY ALONG SAID CENTERLINE AND ALONG SAID COMPOUND CURVE,
CONCAVE NORTHWESTERLY (RADIUS OF 1000.00 FEET, CENTRALANGLE OF 15°
33' 35", LENGTH OF 271.57 FEET RECORD); THENCE CONTINUING ALONG
SAID CENTERLINE NORTHEASTERLY (NORTH 52° 02' 00" EAST, 821.38 FEET
RECORD) TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CENTERLINEAND ALONG THE ARC OF SAID CURVE
AS SHOWN ON TRACT MAP 4303 THEREOF, AS FILED IN MAP BOOK 71, PAGES
98 THROUGH 99 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY (RADIUS OF 1000.00 FEET, CENTRAL ANGLE OF 23° 41' 00",
LENGTH OF 413.35 FEET RECORD); THENCE NORTHEASTERLY (NORTH 75° 50'
00" EAST, 59.59 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY AS SHOWN ON TRACT MAP 4056 THEREOF, AS FILED IN MAP BOOK
66 PAGES 26 THROUGH 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY; THENCE EASTERLY ALONG THEARC OF SAID CURVE (RADIUS
OF 1000.00 FEET, CENTRAL ANGLE OF 24° 08' 00", LENGTH OF 421.21
FEET RECORD); THENCE EASTERLY (SOUTH 80° 02' 00" EAST, 305.91 FEET
RECORD) TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY; THENCE
CONTINUING EASTERLY ALONG SAID ARC (RADIUS 1000.00 FEET, CENTRAL
ANGLE OF 06° 20' 00", LENGTH OF 110.54 FEET RECORD); THENCE
EASTERLY (SOUTH 73° 42' 00" EAST, 440.24 FEET RECORD) TO THE
BEGINNING OF A CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID
CURVE (RADIUS OF 1000.00 FEET, CENTRALANGLE OF 15° 58' 00", LENGTH
OF 278.67 FEET RECORD); THENCE EASTERLY (SOUTH 89° 40' 00" EAST,
723.34 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY;
THENCE EASTERLY ALONG SAID CURVE (RADIUS OF 1000.00 FEET, CENTRAL
ANGLE OF 00° 52' 04", LENGTH OF 15.15 FEET RECORD) TO THE SOUTHEAST
CORNER OF LOT J AS SHOWN ON THE AFOREMENTIONED TRACT MAP 4056;
THENCE LEAVING SAID CENTERLINE, NORTHERLY (NORTH 01° 12' 04" EAST,
50.00 FEET RECORD) ALONG THE EASTERLY LINE OF SAID LOT J TO THE
BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY, A RADIAL
BEARING TO SAID POINT BEARS NORTHEASTERLY (NORTH 01° 12' 04" EAST
RECORD), THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID
CURVE (RADIUS OF 23.00 FEET, CENTRAL ANGLE OF 89° 07' 56", LENGTH
OF 35.78 FEET RECORD) THENCE NORTHERLY (NORTH 0° 20' 00" EAST,
66.75 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG SAID CURVE (RADIUS OF 211.00 FEET, CENTRAL
ANGLE OF 10° 44' 05" LENGTH OF 39.53 FEET RECORD) TO A POINT OF
REVERSE CURVATURE; THENCE NORTHERLY ALONG SAID REVERSE CURVE
CONCAVE EASTERLY (RADIUS OF 189.00 FEET, CENTRAL ANGLE OF 10° 44'
05", LENGTH OF 35.41 FEET RECORD); THENCE NORTHERLY (NORTH 00° 20'
00" EAST, 514.74 FEET RECORD) TO THE SOUTHWEST CORNER OF LOT 241 OF
SAID TRACT MAP 4056; THENCE LEAVING SAID LOT J AND EASTERLY (SOUTH
89° 40' 00" EAST, 75.00 FEET RECORD) ALONG THE SOUTHERLY LINE OF
SAID LOT 241 TO THE SOUTHEASTERLY CORNER THEREOF; THENCE NORTHERLY
(NORTH 00° 20' 00" EAST, 601.89 FEET, NORTH 06° 56' 02" WEST,
250.68 FEET RECORD) NORTHWESTERLY (NORTH 29° 25' 00" WEST, 190.76
FEET RECORD) ALONG THE EASTERLY LINES OF SAID TRACT MAP 4056 TO THE
SOUTHEASTERLY CORNER OF LOT 258 OF SAID TRACT MAP 4056; THENCE
LEAVING THE EASTERLY LINE OF SAID TRACT MAP, NORTHEASTERLY (NORTH
51° 56' 34" EAST, 467.94 FEET RECORD) ALONG THE SOUTHEASTERLY LINE
OF TRACT MAP 4259 THEREOF, AS FILED IN BOOK 71 PAGES 1 THROUGH 12
OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE CONTINUING ALONG THE SOUTHERLY, SOUTHEASTERLY, EASTERLY AND
NORTHERLY LINES OF SAID TRACT MAP 4259, NORTHEASTERLY (NORTH 48°
06' EAST, 464.52 FEET, NORTH 66° 51' 47" EAST, 156.73 FEET RECORD),
EASTERLY (NORTH 88° 53' EAST, 155.98 FEET RECORD), NORTHERLY (NORTH
10° 34' 00" WEST, 145.00 FEET RECORD) TO THE BEGINNING OF A
NONTANGENT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT
BEARS NORTHEASTERLY (NORTH 10° 34' 00" EAST RECORD); THENCE
WESTERLY ALONG THE ARC OF SAID CURVE (RADIUS OF 530.00 FEET,
CENTRAL ANGLE OF 01° 54' 00", LENGTH OF 17.58 FEET RECORD); THENCE
NORTHERLY (NORTH 09° 16' 00" WEST, 659.52; NORTH 17° 07' 10" WEST,
519.75 FEET RECORD), SOUTHWESTERLY (SOUTH 54° 47' WEST, 671.48
FEET; SOUTH 68° 59' 29" WEST, 105.00 FEET RECORD), WESTERLY (NORTH
81° 04' 30" WEST, 354.00 FEET RECORD), NORTHERLY (NORTH 16° 34' 33"
EAST, 163.83 FEET RECORD), NORTHEASTERLY (NORTH 27° 46' 15" EAST,
108.00 FEET, NORTH 33° 45' 50" EAST, 270.00, NORTH 41° 13' 03"
EAST, 105.00 FEET, NORTH 64° 41' EAST, 754.00 FEET RECORD),
EASTERLY (NORTH 79° 42' 42" EAST, 104.04 FEET, NORTH 89° 07' 54"
EAST, 162.00 FEET RECORD), NORTHERLY (NORTH 00° 52' 06" WEST,
288.00 FEET RECORD) TO THE SOUTHERLY LINE OF SECTION 12, TOWNSHIP
7 SOUTH, RANGE 3 WEST; THENCE WESTERLY (SOUTH 89° 07' 54" WEST,
1148.11 FEET RECORD) ALONG THE NORTHERLY LINE OF SAID TRACT MAP
4259 AND THE SOUTHERLY LINE OF SAID SECTION 12 TO THE SOUTHEAST
10.
CORNER OF SECTION 11, TOWNSHIP 7 SOUTH, RANGE 3 WEST; THENCE
LEAVING THE NORTHERLY LINE OF SAID TRACT MAP 4259 AND NORTHERLY
ALONG THE EASTERLY LINES OF SAID SECTION llAND SECTION 2, TOWNSHIP
7 SOUTH, RANGE 3 WEST AND SECTION 35, TOWNSHIP 6 SOUTH, RANGE 3
WEST, TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 35; THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF SAID
SECTION 36 TO THE EAST ONE-QUARTER CORNER THEREOF; THENCE NORTHERLY
ALONG THE EASTERLY LINE OF SAID SECTION 36 TO THE NORTHEAST CORNER
THEREOF; THENCE EASTERLY ALONG THE NORTHERLY LINES OF SECTIONS 31,
32, 33, 34, 35 AND 36, TOWNSHIP 6 SOUTH, RANGE 2 WEST; THENCE
CONTINUING EASTERLY ALONG THE NORTHERLY LINE OF SECTION 31,
TOWNSHIP 6 SOUTH, RANGE 1 WEST TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF THE AFOREMENTIONED
SECTION 31 TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG
THE EASTERLY LINE OF SECTIONS 6 AND 7, TOWNSHIP 7 SOUTH, RANGE 1
WEST, SAN BERNARDINO MERIDIAN, TO THE SOUTHEAST CORNER OF SAID
SECTION 7; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SECTION 17,
TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO A POINT ON A WESTERLY LINE OF
RANCHO PAUBA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN
RECORD OF SURVEYS BOOK 49 PAGES 93 AND 94 IN THE OFFICE OF THE
RECORDER OF SAID COUNTY; THENCE NORTHERLY (NORTH 00° 20' 44" EAST
RECORD) ALONG SAID WESTERLY LINE TO AN ANGLE POINT THEREIN; THENCE
EASTERLY (SOUTH 89° 25' 18" EAST, 10073.55 FEET RECORD) TO THE
NORTHEASTERNMOST CORNER OF SAID RANCHO PAUBA; THENCE LEAVING SAID
RANCHO PAUBA, EASTERLY (SOUTH 89° 45' 57" EAST 65.00 FEET RECORD)
ALONG THE NORTHERLY LINE OF PARCEL 1 OF PARCELMAP 9589 THEREOF, AS
FILED IN BOOK 41 PAGES 81 AND 82 OF PARCEL MAPS IN THE OFFICE OF
11.
THE COUNTY RECORDER OF SAID COUNTY, TO THE NORTHEAST CORNER
THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1
AND THE WESTERLY LINE OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 1
WEST, TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 10; THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 10 TO THE
SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE
OF SECTION 15, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO THE SOUTHEASTERLY
CORNER THEREOF; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SECTION
22, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO THE NORTH ONE-QUARTER CORNER
THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 22 TO THE SOUTHWEST CORNER OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 22; THENCE WESTERLY ALONG THE
NORTHERLY LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 22 TO
THE WEST ONE-QUARTER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY
LINE OF SAID SECTION 22 TO THE SOUTHWEST CORNER THEREOF; THENCE
SOUTHERLY ALONG THE EASTERLY LINE OF SECTION 28, TOWNSHIP 7 SOUTH,
RANGE 1 WEST TO THE EAST ONE-SIXTEENTH CORNER AS SHOWN ON PARCEL
MAP 15298 THEREOF, AS FILED IN BOOK 87 PAGES 31 THROUGH 32 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE WESTERLY (SOUTH 89° 45' 16" WEST, 1455.75 FEET RECORD) ALONG
THE NORTHERLY LINE OF SAID PARCELMAP 15298 TO THE NORTHWEST CORNER
THEREOF, BEING ALSO A POINT ON A CURVE CONCAVE WESTERLY ON THE
CENTERLINE OF VIA DE ORO AS SHOWN ON SAID PARCEL MAP, A RADIAL
BEARING TO SAID POINT BEARS EASTERLY (NORTH 71° 01' 49" EAST,
RECORD) ALONG THE ARC OF SAID CURVE AND CENTERLINE (RADIUS OF
300.00 FEET, CENTRAL ANGLE OF 53° 10' 31", LENGTH OF 278.42 FEET
RECORD); THENCE SOUTHWESTERLY (SOUTH 34° 12' 20" EAST, 210.73 FEET
12.
RECORD) TO THE BEGINNING OF A CURVE SOUTHEASTERLY; THENCE SOUTH-
WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE (RADIUS OF
300.00 FEET, CENTRAL ANGLE OF 34° 13' 24", LENGTH OF 179.19 FEET)
TO THE WESTERNMOST CORNER OF PARCEL 4 OF SAID PARCEL MAP 15298;
THENCE LEAVING SAID CENTERLINEAND SOUTHEASTERLY (SOUTH 64° 37' 43"
EAST, 367.86 FEET RECORD) ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 4 TO AN ANGLE POINT THEREIN; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID PARCEL 4 AND ITS SOUTHERLY PROLONGATION
THEREOF (SOUTH 00° 15' 20" WEST, 1931.34 FEET RECORD) TO THE
SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 1 WEST; THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF
THE SOUTHEAST ONE-QUARTER OF SAID SECTION 28 TO THE SOUTHEAST
CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER
THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID SECTION
28 AND SECTION 33, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO THE SOUTHEAST
CORNER OF SAID SECTION 33; THENCE WESTERLY ALONG THE SOUTHERLY LINE
OF SAID SECTION 33 TO THE SOUTHWEST CORNER THEREOF; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SECTION 4, TOWNSHIP 8 SOUTH,
RANGE 1 WEST TO THE INTERSECTION WITH THE RANCHO PAUBA LINE AS
SHOWN ON AFORESAID RECORD OF SURVEY BOOK 49, PAGES 93 - 94; THENCE
EASTERLY ALONG THE RANCHO PAUBA LINE (NORTH 80° 28' 30" WEST
RECORD) TO THE MOST EASTERLY CORNER OF SAID RANCHO PAUBA; THENCE
SOUTHERLY ALONG THE RANCHO PAUBA LINE (NORTH 13° 35' 32" EAST, 11,
232.99 FEET RECORD) TO THE POINT OF BEGINNING.
13.
ITEM NO.
12
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
FINANCE OFFICER
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
City Council
David F. Dixon, City Manager
November 27, 1990
Expanding Sphere of Influence
RECOMMENDATION:
That the City Council authorize a maximum of $24,000 for continued efforts in
establishing the City's Sphere of Influence.
BII CKGROUND:
Philip Anthony and Bill Mecham at the direction of the City and pursuant to approval
from the City Council, have been working on a revised Sphere of Influence for the City
of Temecula. The cost associated with their initial undertaking was $24,000.00.
As of this date, they have accomplished nearly all of their tasks, but still need to
continue their efforts with key landowners in the proposed Sphere of Influence.
I am recommending an expansion to their existing contract, which will include taking
the Sphere of Influence report through the Local Agency Formation Commission
(LAFCO).
The cost of this expanded effort is $24,000.00.
dfd:SJF
ITEM NO. 13
APPROVAL
CITY ATTORNEY ~
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
A GENDA REPORT
City Council/City Manager
City Attorney
November 27, 1990
NUISANCE ABATEMENT ORDINANCE
RECOMMENDATION: That the City Council introduce and adopt Ordinance No.
90-XX regarding Nuisance Abatement.
DISCUSSION: "Code Enforcement" refers to enforcing the ordinances and
regulations of the City, particularly zoning standards (e.g., maximum number and
size of sign), parking regulations, (e.g., commercial and oversized vehicles) and
property maintenance standards (e.g., abandoned cars, overgrown weeds).
Effective Code Enforcement involves use of several different compliance
mechanisms. Because the City's primary objective is insuring compliance with City
ordinances, the first step in Code Enforcement always is notifying the property
owner. In most cases, once a property owner is notified of a violation, he or she
does comply. (For the Council's reference, the attached are a Memo and Flow
Chart describing the Code Enforcement procedures. Also attached is a monthly
activity log. It indicates the types of complaints received and further indicates that
most have been abated through voluntary compliance.)
Where there is not voluntary compliance, the City will use several different
enforcement mechanisms. One particularly effective tool is nuisance
abatement. The attached comprehensive Nuisance Abatement Ordinance
addresses a wide variety of Code violation areas.
The purpose of the Ordinance is to protect the City's citizens and their property
from conditions that are offensive, annoying or detrimental to the public health,
safety and welfare. Adoption of this Ordinance will provide a formal process to
identify and abate those conditions that affect the quality of life, property and
business owners, and visitors to the City.
Some of the important areas addressed by the proposed Ordinance are as follows:
Each type of nuisance is described. A total of thirty (30) areas are listed
covering sections of the Zoning Code, Uniform Housing Code, property
maintenance, accumulation of trash or dirt, abandoned or neglected
machinery or structures, deteriorated site improvements, landscaping,
recreational vehicles as dwelling unit, overcrowding, and dumping of
waste.
A formal abatement procedure is established. First, a notice of the code
violation is sent to the property owner. The notice will set a date to
attend a hearing on the abatement of the nuisance. The notice will also
provide a period for voluntary compliance, but lacking that, the hearing
will be held. If the Hearing Officer, as selected by Resolution of the City
Council, determines that a public nuisance exists, then he/she will order
its abatement. The owner may appeal this decision to the City Council.
Absent any appeal, the decision would be final. If the owner fails to
abate the nuisance within the prescribed period of time under the
Ordinance, the City would then be authorized to enter onto private
property and abate the nuisance. The cost of the abatement from the
commencement of the proceedings to the time of abatement would be
then be recovered through a lien on the affected property.
In summary, the chief advantage of nuisance abatement is that it can be
conducted administratively by the City, rather than through the courts. However,
it should be noted that nuisance abatement is an enforcement mechanism in
addition to those other tools available to the City. For example, the City will still
be able to issue criminal citations as well as file civil lawsuits.
A TTA CHMENTS:
Ordinance No. 90-XX Re: Nuisance Abatement.
Memo describing General Procedures re Code
Enforcement
Flow chart re Code Enforcement.
Code Enforcement Monthly Activities for November
ORDINANCE NO. 90-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE
NON-CODIHED RIVERSIDE COUNTY ORDINANCES AND
ADDING CHAPTER 6.14 TO THE TEMECULA MUNICIPAL CODE
PERTAINING TO NUISANCE ABATEMENT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. City Ordinance No. 90-04 adopted by reference portions
of the non-codified Riverside County Ordinances. On the effective date of this
Ordinance, the following provisions of the non-codified Riverside County Ordinances,
which City Ordinance No. 90-04 adopted, are hereby repealed:
(a) Ordinance No. 520 relating to abandoned vehicles;
(b) Ordinance No. 541 relating to removal of rubbish;
(C)
Sections 9 through 15, inclusive of Ordinance No. 551 relating to
bees.
SECTION 2. Chapter 6.14 is hereby added to the Temecula Municipal
Code, which shall read as follows:
Divisions:
Division 1
Division 2
Division 3
"Chapter 6.14
NUISANCES. GENERAL
Public Nuisance
Abandoned Vehicles
Violations
2/Ord/007 I November 19, 1990
Division 1 - Public Nuisance
Sections:
6.14.001
6.14.002
6.14.003
6.14.004
6.14.005
6.14.006
6.14.007
6.14.008
6.14.009
6.14.010
6.14.011
6.14,012
6.14.013
6.14.014
6.14.015
Purpose
Public Nuisances Designated
Commencement of Abatement Proceeding
Voluntary Abatement of Nuisances
Involuntary Abatement
Form of Notice
Hearing,
Order of Abatement
Appeal
Notice of Council Decision
Abatement of Nuisance by City
Cost Accounting: Notification
Assessment Lien
Owner's Responsibility
Alternate Actions
6.14.001 Purpose
(a) In order to further the stated goals of the City of Temecula and to
protect its citizens and their property from conditions which are offensive or annoying
to the senses, detrimental to property values and community appearance, or hazardous
or injurious to the health, safety or welfare of the general public, the City Council has
determined that an Ordinance is necessary to effectively abate or prevent the development
of such conditions in the City of Temecula.
(b) It is the intention of the City Council, in adopting the Ordinance
codified herein, to set forth guidelines for determining what conditions constitute a public
nuisance; to establish a method for giving notice of the conditions and an opportunity to
correct them; and finally in the event the public nuisance is not abated or corrected, to
provide a procedure for a hearing and determination of the facts and manner in which
the conditions shall be corrected or removed.
(c) It is the purpose of this Ordinance to provide a just, equitable and
practical method, in addition to any other remedy available at law, whereby lands or
buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds,
debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life,
limb, safety, health, morals, property values, aesthetic standards or the general welfare
2/Ord/007 2 November 19, 1990
of the City of Temecula, may be required to be repaired, renovated, vacated,
demolished, made safe, or cleaned up by removal of offensive conditions.
(d) It is the purpose of this Ordinance to provide a program for the
removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or
inoperative vehicles or parts thereof from private or public property.
(e) In addition to the abatement procedures provided herein, this
Ordinance declares certain conditions to be public nuisances and that maintenance of such
conditions shall be a misdemeanor.
(f) This Ordinance is not intended to enforce Conditions, Covenants and
Restrictions (CC&R's) on property, nor to supersede them. This Ordinance will be
enforced uniformly within the City regardless of CC&R's. Therefore, this Ordinance
does not abrogate the right of any homeowners association or private citizen to take
action, legal or as otherwise provided in the CC&R's, to force compliance with the
CC&R's applicable to their tract or association even though the CC&R provisions may
be the same, more restrictive or may not be covered by this Ordinance.
6.14,002 Public Nuisances Designated. It shall be unlawful and
it is hereby declared to be a public nuisance for any person owning, leasing, occupying
or having charge of any residential, agricultural, commercial, industrial, business park,
office, educational, religious, vacant or other property within the City of Temecula, to
maintain such property in such a manner that any of the following conditions are found
to exist thereon:
(a) Any violation of any Section of the City of Temecula Ordinance No.
90-04, which adopted by reference portions of the non-codified Riverside County
Ordinance including, but not limited to:
(1) Ordinance No. 190 relating to accumulation of limbs,
branches, trimmings and parts of domestic and cultivated fruit trees;
(2) Ordinance No. 369 relating to the deposit or discharge of
sewage and other waste matter;
ranches;
(3)
Ordinance No. 431 relating to location and operation of hog
2/Ord/007 3 November 19, 1990
(4) Ordinance No. 523 and 527 relating to the control of flies;
of bees;
(5)
(6)
Sections 1 through 8 of Ordinance No. 55 1 relating to control
Ordinance No. 627 relating to regulation of picture arcades;
(7) Ordinance No. 650 relating to sewage discharge;
pollution;
(8) Ordinance No. 655 relating to the regulation of light
(9)
removal of solid waste;
Ordinance No. 657 relating to regulation of collection and
(10) Ordinance Nos. 348 and 348.3078 relating to planning,
including zoning restrictions, related to structures on property, signs restrictions, site
development standards, and parking standards;
(11)
housing and electrical;
Ordinance No. 457.73, as amended, relating to building,
(b) Land, the topography or configuration of which, in any man-made
state, whether as a result of grading operations, excavations, fill, or other alteration,
interferes with the established drainage pattern over the property or from adjoining or
other properties which does or may result in erosion, subsidence or surface water
drainage programs of such magnitude as to be injurious to public health, safety and
welfare or to neighboring properties;
(c) Buildings or structures which are partially destroyed, abandoned or
permitted to remain in a state of partial construction for more than six (6) months, or
during any period of extension, after the issuance of a building permit;
(d) The failure to secure and maintain from public access all doorways,
windows and other openings into vacant or abandoned (not occupied or in use for any
purpose, no maintenance applied to the structure or grounds) buildings or structures;
(e) Painted buildings that require re-painting, and walls, retaining walls,
fences or structures, or building, walls, fences or structures upon which the condition of
the paint has become so deteriorated as to permit decay, excessive checking, cracking,
peeling, chatking, dry rot, warping or termite infestation;
2/Ord/007 4 November 19, 1990
(f) Any building or structure, wall, fence, pavement, or walkway upon
which any graf~ti, including paint, ink, chalk, dye or other similar marking substances,
is allowed to remain for more than twenty-four (24) hours;
(g) Broken windows;
(h) Overgrown, dead, decayed or hazardous vegetation which:
(1) May harbor rats, vermin or other disease carriers;
(2) Is maintained so as to cause an obstruction to the vision of
motorists or a hazardous condition to pedestrians or vehicle traffic;
(3) Constitutes an unsightly appearance;
(4) Creates a danger or attractive nuisance to the public;
(i) Building exterior, roofs, landscaping, grounds, walls, retaining and
crib walls, fences, driveways, parking lots, sidewalks or walkways which are maintained
in such condition so as to become defective, unsigh~y or no longer viable;
(j) The accumulation of dirt, litter, feces, or debris in doorways,
adjoining sidewalks, parking lots, landscaped or other areas;
(k) Except where construction is occurring under a valid permit, lumber,
junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken
asphalt or concrete, containers, broken or neglected machinery, furniture, appliances,
sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored
or deposited on property such that they are visible from a public street, alley or
neighboring property;
cracks;
(1)
Deteriorated parking lots, including those containing pot holes, or
(m) Abandoned, broken or neglected equipment and machinery, pools,
ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned
refrigerators or other appliances, abandoned motor vehicles, any unsound structure,
skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation which
may reasonably attract children to such abandoned or neglected conditions;
2/Ord/007 5 November 19, 1990
(n) (1) Construction equipment, buses, tow trucks, dump trucks,
flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other
commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or ninety
(90) inches wide, supplies, materials, or machinery of any type or description, parked
or stored upon any street or property within a residential zone.
(2) Commercial vehicle, for the purposes of this section, shall be
defined as any motorized or non-motorized vehicle used or maintained to transport
property or goods for profit, or persons for hire or compensation. Any commercial
vehicle, when used as the primary source of transportation by the person owning,
leasing, occupying or having charge of any such vehicle, shall be excluded from the
provisions of this subsection;
(o) Construction debris storage bins stored in excess of fifteen (15) days on
a public street or any front or sideyard setback area without the express approval of the
City Engineer;
(p) Any property with accumulations of grease, oil or other hazardous
material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from
which any such material flows or seeps on to any public street or other public or private
property;
(q) Any front yard, parkway, or landscaped setback area which lacks turf,
other planted material, decorative rock, bark or planted ground cover or covering, so as
to cause excessive dust or allow the accumulation of debris;
(r) Any condition of vegetation overgrowth which encroaches into, over or
upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks,
so as to constitute either a danger to the public safety or property or any impediment to
public travel;
(s) Any habitation which is overcrowded, as defined by the Uniform Housing
Code, as adopted by reference by the City of Temecula Ordinance No. 90-04, or which
lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire
hazard;
(t) (1) The dumping of any waste matter in or upon any public or private
highway or road, including any portion of the right-of-way thereof, or in or upon any
private property into or upon which the public is admitted by easement or license, or
upon any private property without 'the consent of the owner, or in or upon any public
2/Ord/007 6 November 19, 1990
park of any public property other then property designated or set aside for that purpose
by the governing board or body having charge of that property.
(2) Also, any placing, depositing or dumping of any rocks or dirt in or
upon any private highway or road, including any portion of the right-of-way thereof, or
any private property, without the consent of the owner, or in or upon any public work
or other public property, without the consent of the state or local agency having
jurisdiction over the highway, road, or property.
(u) Any other condition declared by any State, County, or City statute, code
or regulation to be a public nuisance.
6.14.003 Commencement of Abatement Proceedin~,s. Whenever
the Director of Building and Safety (hereinafter "Director") or his duly authorized agent
or representative reasonably believes a public nuisance exists, he shall commence
abatement proceedings. The Director shall have responsibility for abating such nuisances
on any private property and cause a written notice to be issued to abate such nuisance.
(a) The notice shall contain a description of the property in general
terms reasonably sufficient to identify the location of the property. It shall refer to this
section and the violation(s) of City Ordinance or the Municipal Code at issue, and shall
direct compliance by removal or correction of the condition which is in violation of the
provisions of this Code within a minimum of seven (7) calendar days and a maximum
of thirty (30) calendar days from the date of the notice. The notice shall further describe
the consequences of failure to comply as prescribed in this section.
(b) The notice shall be served on the owner or his agent and the person
in possession of the property by registered or certified mall, return receipt requested.
Delivery by first class mall shall be used when delivery by registered or certified mall
is refused. Such notice by mail shall be sufficient for purposes of this Chapter.
(c) Failure of any person to receive a notice shall not affect the validity
of any proceedings under this Chapter.
6.14.004 Voluntary Abatement of Public Nuisances. The owner,
lease holder, tenant, or occupant having charge of any building, structure, or property
alleged to be a public nuisance as set forth above, may abate said nuisance at any time
within the abatement period by rehabilitation, repair, removal or demolition. The
Director/Designee shall be advised of the abatement and shall inspect the premises to
ensure that the nuisance has in fact been abated.
2lOrd/007 7 November 19, 1990
6.14.005 Involuntary Abatement. Upon failure of the owner or
his agent or the person in possession of the property to remove or correct the conditions
described in the notice by the date specified, the Director shall cause a hearing to be held
to determine whether said building, structure, or property is being maintained in such a
manner so as to constitute a public nuisance. The Director shall give not less than seven
(7) days written notice of the hearing to the owner(s) of the affected properties as shown
on the latest equalized tax assessment roll by mailing the same to the addresses as
indicated thereon, to any persons holding permits to the applicable property, building or
structure, and further, within the same time period, and by conspicuously posting on the
affected property, building, or structure a copy of the notice. Notice may also be served
on the holder of any mortgage or deed of trust or other lien or encumbrance of record;
the owner or holder of any lease of record; and the holder of any other state of legal
interest of record of the building or structure, or the land on which it is located.
(a) The notice shall indicate the nature of the alleged public nuisance,
a description of the property involved, and the designation of the time and place of the
heating to determine whether the same constitutes a public nuisance, and the manner of
the proposed abatement if the same is found to be a public nuisance.
(b) The notice and order of abatement shall be served on every party by
registered or certified mail. Delivery by first class mail shall be used when delivery by
registered or certified mail is refused.
(c) The failure of any person to receive this notice shall not affect the
validity of any proceedings under this Chapter.
(d) Nothing hereby shall prevent any property owner or other interested
person from abating the nuisance prior to the time of the hearing and notifying the City
of the same. Upon confirmation by the City that the nuisance has been abated, the need
for the hearing shall be deemed terminated.
6.14.006 Form of Notice. The notice given shall be provided in
substantially the following format:
'NOTICE OF HEARING ON
ABATEMENT OF PUBLIC NUISANCE
A hearing will be held at
Temecula before the City of Temecula Hearing
Officer, to determine whether the premises at
constitutes a public nuisance.
2/Ord/007 8 Novombor 19, 1990
The conditions asserted to constitute a public nuisance include the
following:
A hearing may be avoided if the following corrections are made at
least two (2) calendar days before the date set for the hearing:
If it is determined that the conditions on the property constitute a
public nuisance, the following abatement action may be taken by the
City if the owner has not taken corrective action within five {5) days
after the heating officer's determination:
If abatement action is taken by the City, all costs of the abatement
will be assessed against the property and will attach as a lien until
paid. All persons having an interest in this matter may attend the
hearing and give testimony and evidence, which will be given due
consideration by the hearing officer. Call (714) __ for questions
regarding this notice.'
6.14.007 Hearing.
(a) The hearing to determine whether a public nuisance exists shall be
conducted by the hearing officer. The hearing officer shall be determined by Resolution
by the City Council. The hearing officer is authorized to take testimony and in the
course of so doing, is authorized to administer oaths or affirmations pursuant to
California Code of Civil Procedure Section 2093(a).
(b) At the heating, the hearing officer shall consider all relevant
evidence, including but not limited to applicable Staff Reports. He shall give any
interested person the reasonable opportunity to be heard in conjunction therewith. Based
upon the evidence so presented, the hearing officer shall determine whether a public
nuisance within the meaning of this Chapter exists.
2lOrd/007 9 November 19, 1990
6.14.008
Order Of Abatement.
(a) The decision of the heating officer shall be final and conclusive in
the absence of appeal as provided in this Chapter.
(b) The hearing officer shall, within five (5) working days of the date
of the heating, cause to be sent a copy of the written notice of decision by certified or
registered mail to the owner, all other persons and entities who received notice of the
original hearing and to any other person requesting the same. The notice shall contain
an order of abatement, if a public nuisance is determined to exist, directed to the owner
of the affected property or the person in control and/or charge of the property, and shall
set forth the nature of the nuisance, its location and the time and manner for its
abatement.
(c) Where an appeal is filed as provided in this Chapter, the order of
abatement shall be suspended pending the review of the determination in the manner set
forth in this Chapter.
6.14,009 Appeal. Any person entitled to notice of hearing, who
has participated in that hearing and who is dissatisfied by the order of the hearing officer,
may appeal that order by filing an appeal with the City Clerk within five (5) days of the
date of the order and by paying the appeal fee set by Resolution. The notice of appeal
shall specify:
(a) A description of the property;
(b) The abatement proceedings appealed;
property;
(C)
The owner, or appealing party's, legal or equitable interest in the
(d) A statement of disputed and undisputed facts;
(e)
being appealed,
the appeal; and
A statement specifying which portion of the proceedings that are
together with any evidentiary or supporting materials that would support
(f) A verification of the truth of all matters asserted.
2/Ord/007 10 November 19, 1990
Upon the timely filing of a notice of appeal in the proper form, the City
Clerk shall place said appeal upon the next regular meeting to the City Council scheduled
to be held not less than five (5) business days after said appeal is received.
The City Clerk shall provide written notice of the appeal, including the
time, place, and date of the hearing on the appeal, to the appellant and any other person
to whom notice of the hearing officer's order was sent. Said notice shall be sent in the
same manner as notice of the heating officer's order.
The City Council may limit the issues on appeal to those in substantially the
same form as that sent by the hearing officer and shall be sent to all persons to whom
notice of the heating officer's order was sent as well as to all persons requesting such
notice, in writing, at the time the appeal is heard.
6.14.010 Notice of Council Decision. A copy of the Council's
order shall be mailed by certified or registered mail to the owner, all other persons, and
entities who received notice of the original hearing and to any other person requesting
the same, by the City Clerk within five (5) working days after the adoption thereof. The
Council's decision shall be final and conclusive. Pursuant to Code of Civil Procedure
Section 1094.6, any action to review the decision of the Council shall be commenced not
later than the nineteenth day after the date the Council's order is adopted.
6.14.011 Abatement of Nuisance by City. If the nuisance is not
completely abated by the date specified in the hearing officer's order, or in the City
Council's determination, as appropriate, the City Manager may immediately cause the
same to be abated by City personnel or under private contract. The heating officer
and/or City Council are authorized to grant reasonable extensions on the time period for
abatement based on a proper showing by the property owner of extenuating
circumstances, made before the date of City abatement. The owner of the premises shall
be liable to the City for all costs of such abatement.
6.14.012
Cost Accounting: Notification.
(a) City personnel, or any private contractor authorized to abate the
nuisance, shall keep an account of the cost, including incidental expenses, of all
abatement work performed on each separate lot or parcel of land where work is done and
shall render an itemized report in writing to the City Council showing the total cost of
abatement by rehabilitation, demolition, or repair of the property, buildings, or structure,
including any salvage value relating thereto. A copy of the report shall be posted at City
Hall or other official location for posting City notices for at least five (5) days before it
is considered by the City Council. Proof of posting shall be made by affidavit of the
2/Ord/007 11 November 19, 1990
City Clerk or Deputy City Clerk. The term 'incidental expenses' includes but is not
limited to all actual expenses and costs of the City in the commencement of abatement
proceedings, including preparation of notices, specifications and contracts, inspection of
the work, and the cost of printing and mailings required under this Chapter, and any
attorney fees expended in the abatement of the nuisance, through civil action or
otherwise. The City Attorney shall be responsible for keeping an accounting of attorney
fees and costs and transmitting the same to the Director.
(b) Costs shall be assessed at the conclusion of the abatement; in the
case of an abatement by any method which takes more than six (6) months, costs may
be assessed at any time after six (6) months, but in no event more than two (2) times a
year.
(c) The Director shall submit his itemized statement of costs to the City
and shall set the same for a hearing before the City Council.
(d) The Director shall cause notice of the time and place of the hearing
to be given to the owners of the property to which the same relate, and to any other
interested person requesting the same by United States Mail, postage prepaid, addressed
to the person at his/her last known address at least five (5) days in advance of the
hearing.
(e) Notice may also be served on the holder of any mortgage or deed
of trust or other lien or encumbrance of record; the owner or holder of any lease of
records; and the holder of any other estate or legal interest of record in or to the building
or structure, or the land in which it is located.
6.14,013 Assessment Lien. The total cost for abatement of the
nuisance, as confirmed by the City Council, shall constitute a special assessment against
the lot or parcel of land to which it relates and, upon recordation in the office of the
County Recorder of a Notice of Lien, shall constitute a lien on the property for the
amount of the assessment.
After confirmation and recordation, a copy of the Notice of Lien may be
turned over to the tax collector to add the amounts of the assessments to the next regular
tax bill levied against the respective lots and parcels of land. Thereafter the assessment
amounts shall be collected at the same time and in the same manner as ordinary property
taxes are collected and shall be subject to the same penalties and the same procedure for
foreclosure and sale in case of delinquency as provided for ordinary property taxes.
After recordation, the lien may be foreclosed by judicial or other sale in the manner and
2/Ord/007 12 November 19, 1990
means provided by law. The Notice of Lien for recordation shall be in a form
substantially as follows:
'NOTICE OF LIEN
Claim of the City of Temecula
Pursuant to the authority vested by Chapter 6.14 of the
Temecula Municipal Code, the City of Temecula hearing
officer [City Council] did on or about the day of
,19_, cause the property hereinafter described to
be declared a public nuisance and order the same abated.
The City Council of the City of Temecula, did on the
day of , 19_, assess the cost of such abatement
upon the property and the same has not been paid nor any
part thereof. The City of Temecula does hereby claim a lien
for such abatement in the amount of the assessment, to wit:
the sum of $__, and the same shall be a lien upon the real
property until paid in full and discharged of record.
The real property hereinabove mentioned, and upon which
a lien is claimed, is that certain parcel of land lying and
being entirely within the City of Temecula, County of
Riverside, State of California, particularly described as
follows:
(legal description)
Dated: This __ day of , 19_.
City Manager
CITY OF TEMECULA'
6.14.014 Owner Responsibility. The owner of any premises within
the City has the primary responsibility for keeping said premises free of public nuisances.
Tenants and occupants of the premises, for the purposes of this Chapter, shall be deemed
to be the agents of the owner.
2/Ord/007 13 Novomber 19, 1990
6.14.015 Alternate Actions. Nothing in this Chapter shall be
deemed to prevent the City from commencing a civil or criminal proceeding to abate a
public nuisance or from pursuing any other means available to it under provisions of
applicable ordinances or state law to correct hazards or deficiencies in real property in
addition to or as alternatives to the proceedings set forth herein.
Section 6.14.017 - 6.14.100 Reserved.
Sections:
Division 2 - Abandoned Vehicles
6.14.101 Purpose
6.14.102 Exception s
6.14.103 Enforcement
6.14.104 Notice of Intent to Abate and Remove
6.14.105 Request for Hearing
6.14.106 Hearings
6.14.107 Appeal
6.14.108 Decision to Remove Vehicle
6.14.109 Costs
6.14.110 Franchises
6.14.111 Notice to Department of Motor Vehicle
6.14.112 Removal Required
6.14.113 No City Liability
6.14.114 Alternate Actions
6.14.101 Purpose. In addition to and in accordance with the
authority granted to the City by the State under Section 22660 of the Vehicle Code to
remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as
public nuisances, the City Council makes the following f~ndings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled, or
inoperative vehicles or pans thereof on private or public property is found to create a
condition tending to reduce the value of private property, to promote blight and
deterioration, to invite plundering, to create fire hazards, to constitute a nuisance creating
a hazard to the health and safety of minors, to create a harborage for rodents and insects
and to be injurious to the health, safety and general welfare. Therefore, the presence of
2lOrd/007 14 Novtinier 19, 1990
an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or
public property except as expressly permitted in this Division, is declared to constitute
a public nuisance which may be abated as such in accordance with the provisions of this
Division.
6.14.102 Exceptions.
(a) This Division shall not apply to:
(1) A vehicle or part thereof which is completely enclosed within
a building in a lawful manner where it is not visible from the street or other public or
private property; or
(2) A vehicle or part thereof which is stored or parked in a lawful
manner on private property in connection with the business of a licensed dismantler,
licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the
operation of a lawfully conducted business or commercial enterprise;
(b) Nothing in this section shall authorize the maintenance of a public
or private nuisance as defined under provisions of law other than Chapter 10
(commencing with Section 22650) of Division 11 of the Vehicle Code and this Chapter.
6.14.103 Enforcement. Except as otherwise provided in this
Division, the provisions of this Division shall be administered and enforced by the Police
Chief, or his designee.
6.14.104
Notice of Intent to Abate and Remove.
(a) A ten (10) day notice of intention to abate and remove a vehicle or
part thereof as a public nuisance shall be issued, unless the property owner and the owner
of the vehicle have signed releases authorizing removal and waiving further interest in
the vehicle or part thereof;
(b) For inoperable vehicles or parts thereof located on property which
is (a) zoned for agricultural use or (b) not improved with a residential structure
containing one or more dwelling units, the notice of intention shall not be required for
removal of a vehicle or part thereof which is inoperable due to the absence of a motor,
transmission, or wheels and incapable of being towed, is valued at less than two hundred
dollars ($200) by any person designated pursuant to the Vehicle Code to make such
appraisals, and is determined by the Police Chief to be a public nuisance presenting an
immediate threat to public health or safety; provided that the property owner has signed
2/Ord/007 15 November 19, 1990
a release authorizing removal and waiving further interest in the vehicle or part thereof.
Prior to final disposition of such a low-valued vehicle or part thereof, the Police Chief
shall provide notice to the registered and legal owners of intent to dispose of the vehicle
or part, and if the vehicle or part is not claimed and removed within twelve (12) days
after notice is mailed, from a location specified in Vehicle Code Section 22662, final
disposition may proceed;
(c) The notice of intention to abate shall contain a statement of the
hearing rights of the owner of the property on which the vehicle is located and of the
owner of the vehicle. The statement shall include notice to the property owner that the
owner may appear in person at a hearing or may submit a sworn written statement
denying responsibility for the presence of the vehicle on the land, and the owner's
reasons for such denial, in lieu of appearing. The notice shall be mailed, by registered
or certified mail, to the owner of the land as shown on the last equalized assessment roll
and to the last registered and legal owner of record of the vehicle unless the vehicle is
in such condition that identification numbers are not available to determine ownership.
The service is complete at the time of such deposit.
(d) The notice shall be substantially in the following form:
'Notice of Intent To Abate and Remove
Date:
Notice Is Hereby Given that you are required at your expense to
remove the vehicle identified as and located on
property commonly known as , Temecula, California,
within ten (10) days after the date appearing on the notice. Said
vehicle is in such a condition to constitute a public nuisance. If you
fail to comply with this order, City employees or private City
contractors will enter upon your property and abate the public
nuisance by removal of the vehicle or part thereof. The cost of the
abatement incurred by the City or its private contractor will be
assessed against your property and such costs will constitute a lien
upon the land until paid.
All persons having an interest in the property on which the vehicle
or part thereof is located and/or of the vehicle or part thereof are
hereby notified that such interested parties may request a hearing
within ten (10) days of the date of this notice to be held at _
2lOrd/007 16 November 19, 1990
, Temecula, before a heating officer
to determine whether the vehicle or part thereof is in such a
condition to constitute a public nuisance. You may appear in person
at the hearing or you may submit a sworn written statement denying
responsibility for the presence of the vehicle or part thereof on the
land, and the reasons for such denial, in lieu of appearing. If such
a request is not received within such period, the City shall remove
the vehicle or part thereof. Call (714) for questions
regarding this notice.'
6.14.105
Request for Hearing.
(a) A hearing shall be held before the hearing officer upon request for
such hearing by the owner of the vehicle or the owner of the land upon which the
vehicle is located. This request shall be made in writing to the Police Chief within ten
(10) days after the mailing of notice of intent to abate and remove the vehicle, or at the
time of signing a release pursuant to Subsection 1 or 2 of Section 6.14.104.
(b) If the owner of the land on which the vehicle is located submits a
sworn statement denying responsibility for the presence of the vehicle on his/her land
within such time period, this statement shall be construed as a request for hearing which
does not require the presence of the owner submitting such request. If such a request
is not received within such period, the City shall have the authority to remove the
vehicle.
6.14.106 Hearings.
(a) All hearings under this Division shall be held before the hearing
officer, which heating officer shall hear all facts and testimony deemed pertinent. The
facts and testimony may include testimony on the condition of the vehicle or part thereof
and the circumstances concerning its location on the private or public property. The
technical rules of evidence shall not apply. The owner of the land on which the vehicle
is located may appear in person at the hearing or present a sworn written statement
denying responsibility for the presence of the vehicle on the land, with the owner's
reasons for such denial;
(b) At the conclusion of the hearing the hearing officer may find that a
vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on
private or public property and order the same removed from the property as a public
nuisance and disposed of as provided in this Division;
2/Ord/007 17 November 19, 1990
(c) If it is determined by the hearing officer that the vehicle was placed
on the land without the consent of the landowner and that the owner has not subsequently
acquiesced to its presence, the hearing officer shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle is located or
otherwise attempt to collect such costs from such landowner;
(d) If an interested party makes a written presentation to the hearing
officer, but does not appear, said party shall be notified in writing of the decision within
five (5) days of such decision by the hearing officer by certified or registered mail.
6.14.107. Appeal. Any interested party may appeal the decision
of the hearing officer by filing a written notice of appeal with the City Clerk within ten
(10) days after the decision and by paying the appeal fee set by Resolution. Such appeal
shall be heard by the City Council which may affirm, amend or reverse the order or take
any other action deemed appropriate. The City Clerk shall give written notice of the
time and place of the heating to the appellant and those persons specified in Section
6.14.106. In conducting the hearing, the City Council shall not be limited by the
technical rules of evidence. The decision of the City Council shall be final.
6.14.108
Decision To Remove Vehicle.
(a) An order for abatement and removal of a vehicle, made pursuant to
this Division, shall include a description of the vehicle or part thereof and the correct
identification number and license number of the vehicle, if available.
(b) The hearing officer, or the City Council on appeal, may impose such
conditions and take such actions as are deemed appropriate and justified under the
circumstances to carry out removal of the vehicle or pan thereof;
(c) Five (5) days after adoption of the order, five (5) days from the date
of mailing of notice of the decision if such notice is required, or fifteen (15) days after
such action of the City Council authorizing removal following appeal, the vehicle or pans
thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard;
(d) After a vehicle has been removed, it shall not thereafter be
reconstructed or made operahie, unless it is a vehicle which qualifies for either horseless
carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the
Vehicle Code, in which case the vehicle may be reconstructed or made operahie.
2/Ord/007 18 Nov=tuber 19, 1990
6.14.109 COsts. The hearing officer, or the City Council on
appeal, shall determine the administrative costs and cost of removal to be charged. If
the administrative costs and the cost of removal are charged against the owner or a parcel
of land pursuant to this Division and are not paid within thirty (30) days of the date of
'the order, or the final disposition of an appeal therefrom, such costs shall be assessed
against the parcel of land pursuant to Section 38773.5 of the Government Code and shall
be transmitted to the tax collector for collection. The assessment shall have the same
priority as other taxes.
6.14.110 Franchises. When the City Council has contracted with
or granted a franchise to any person or persons, such person or persons shall be
authorized to enter upon private property or public property to remove or cause the
removal of a vehicle or part thereof declared to be a nuisance pursuant to this Division.
6.14.111 Notice to Department of Motor Vehicles. Within five
(5) days after the date of removal of the vehicle or part thereof, notice shall be given to
the Department of Motor Vehicles identifying the vehicle or part thereof removed. At
the same time, there shall be transmitted to the Department of Motor Vehicles any
evidence of registration available, including registration certificates, certificates of title
and license plates.
6.14.112 Removal Required. No person shall fail or refuse to
remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or
refuse to abate such nuisance when ordered to do so in accordance with the abatement
provisions of this Division or state law where such state law is applicable.
6.14.113 No City Liability. Neither the City nor any contractor
thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant
to this Division.
6.14.114 Alternate Actions. This Division is not the exclusive
regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City.
It shall supplement and be in addition to the other regulatory codes, statutes, and
ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity
or agency having appropriate jurisdiction.
Section 6.14.115 - 6.14.200 Reserved.
2/Oral/007 19 November 19, 1990
Sections:
Division 3 - Violations
6.14.201
6.14.202
6.14.203
Misdemeanors
Authority to Arrest
Citation Procedure
6.14.201 Misdemeanors. The owner, or any other person having
charge or control of any building or property, who maintains any public nuisance as
defined in this Chapter or who violates any order of abatement made pursuant to this
Chapter is guilty of a misdemeanor.
Any unauthorized person who removes any notice or order posted as
required in this Chapter is guilty of a misdemeanor.
No person shall obstruct, impede or interfere with any representative of the
City engaged in vacating, repairing, rehabilitating or demolishing and removing any
property pursuant to the provisions of this Chapter or in performing any necessary act
preliminary to or incidental to such work as authorized or directed pursuant hereto.
Any person violating or failing to comply with any of the provisions of this
Chapter shall be guilty of a misdemeanor and shall be punished in accordance with
Section 1.01.200 to 1.01.240 of this Code. A criminal prosecution may be initiated
without a nuisance hearing, as provided in this Chapter, or upon a violating of any order
resulting from such a hearing. Each person shall be guilty of a separate offense for each
and every day during any portion of which any violation of the provisions of this Chapter
is committed or permitted to continue.
6.14.202 Authority to Arrest. The following designated officers
and employees shall have the power to arrest persons for misdemeanor violations of this
Chapter whenever the officer or employee has reasonable cause to believe that the person
has committed the offense in said officer's or employee's presence:
the Building Official;
the Senior Planner; and,
Code Enforcement Officers
2/Ord/007 20 November 19, 1990
6.14.203 Citation Procedure. All designated officers and
employees exercising their authority to arrest under this Chapter shall comply with the
procedures regarding the making of arrests set forth in Section 833 et sea_. of the
California Penal Code, and the procedures regarding misdemeanor citations set forth in
Section 853.6 et seq. of the California Penal Code."
SECTION 3. SEVERABILITY. The City Council hereby declares that
the provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid,
such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 4. The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted as required by law.
SECTION 5. EFFECTIVE DATE. This Ordinance shall
be in full force and effect thirty (30) days after its passage. The City Clerk shall certify
to the adoption of this Ordinance and cause copies of this Ordinance to be published and
posted as required by law.
PASSED, APPROVED AND ADOPTED this day of
,1990.
ATTEST:
Ronald J. Parks
Mayor
June S. Greek
Deputy City Clerk
2lOrd/007 21 November 19, 1990
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 90-_ was duly introduced and placed upon its first
reading at a regular meeting of the City Council on the __ day of , 1990, and
that thereafter, said Ordinance was duly adopted any passed at a regular meeting of the
City Council on the __ day of , 1990, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED AS TO FORM:
June S. Greek
Deputy City Clerk
Scott F. Field
City Attorney
2/Ord/007 22 Nov=mbcr 19, 1990
GENERAL PROCEDURES
CITY OF TEMECULA
CODE ENFORCEMENT
Incoming Complaint:
Filed - Obtain information of complainant, violator and location of reported violation.
Log Complaint:
Log Sheet & Index Card System.
Code - Blue dot for zoning, Red dot for building.
Zoning complaints:
Inspected by Code Enforcement Officer, enforced by
Code Enforcement Officer.
Building complaints:
Initial inspection for verification of violation.
Inspection by B.I., enforcement by Code
Enforcement Officer.
Complaint Files:
1 ) First Site Visit to verify existance of violation.
a) Call or contact violator (tenant and/or property owner).
b)
Send notification letter to complainant (to contact Code Enforcement
Officer if violation exists after the period given to violator). Send
notification letter to violator (tenant and/or property owner) to voluntarily
comply with ordinance within fifteen to thirty days.
2)'
Second Site Visit- To ensure compliance or issue Notice of Violation. Violation
to be brought into compliance within fifteen days.
3)
Third Site Visit- To ensure compliance with Notice of Violation if not in
compliance.
a)
Violator given option to meet for mediation with City Attorney and Code
Enforcement Officer prior to filing citation with court.
b)
Citation will be filed with the court, or Nuisance Abatement proceedings
initiated, if no contact from violator and if violation is not corrected or
dismissed by the City.
c)
If corrections are completed before court date, and verified by the Code
Enforcement Officer, the district attorney will be notified and the
decision to be made by the court.
CODE ENFORCEHENT PROCESS
STAGE ONE
COMPLAINT
NEIGHBOR
CITY COUNCIL I
CITY STAFF
CODE ENFORCEHENT ~
STAGE TWO
INVESTIBATIDN
INSPECTION I
IflOTIFICATIDNLETTER I
INOTICE OF VIOLATION J
I'NOTICE OF OFFICE HEARIN8 J
CITY ATTORNEY'S OFFICE HEARINS ~
t
STAGE TT{REE
REFERRkL/EVALUATION
ADMINISTRATIVE
ABATEMENT
CITY ATTORNEY'S
CODE ENFORCEMENT UNIT
ASSESSMENT
OF
DEMAND
LETTER
COURT
ACTION
NOII~DO~3U
~OIl~BOUd
3ON31N3S
. ONIII3B
IN3NVWB3d
IN3|~NBIVBU~
INI~'ldW03
INI~dW03
]IAI3
NOII3~ 18203
NOII3V IUN03
UAO~ 39VIS
CODE
'~" OF CONPLAINT
LAND USE
Abandoned Vehicles
ENFORCEMENT MONTHLY ACTIVITY NONTH NOVEMBER
OPENED OPEN LAST OPEN YEAR ASATED "AOATED - ABATEO CHY
C~REnT P. ONTH TO DATE CURRENT LAST YEAR TO ATTORNEY
IqONTH RONTH tlONTH DATE
I 7 8 0 7 7 0
Accumulation of aunt IPrivate Prop.) 1 2 3 1 2 3 0
Advertising Regulations
lllhlloonh Banners, FlagIs)) 6 5 11 2 6 8 0
IllSigns, Billboards, Structure, oct.:
......................................... 1~. ...... _1.1 .........2.5 L ........ .LB- .......2.5- .......J ......
Animal Keeping
....................... , ...................9, ........J ..........1 ..........~ ..........1 ..........] ...... _~ .....,,
Construction
If!Noise)
........................................... g. .........2__ ..........g, ..........Z2, .........n .....
IllDebris) 0 0 0 0 0 0 0
Encroachment 0 0 0 0 0 0 0
Garage Sales 0 0 0 0 0 0 0
Home Occupation 0 2 2 2 0 2 0
L, ght PaiNtics
....................................... ,Q. .~ .........~ ....... · .........,O ,O ........ ~ ......
fiehal Food Prep. Units
.Q. Q ~ ..........O ..........g .........~- .......-0- .......
HOTDOG 0 5 5
Street Vendors
.... VEHICLES 6 11 17
Solid Mash IPrlvake Prop.}
0 I 1
Te,porary Outdoor Events
Vehicle {Commercial) Private Prop,
Need Abatement
MISC. ,
0
MISC.
0
6.
BUILDING I SAFETY 1 0 1 1 0 -' -
SubStandard Housing 0 1 1 0 1 1 0
Building nithoot Permits 0 1 1 0 1 1 0
Open Trenches 0 1 1 0 1 1 0
Unsafe/Abandoned Construction Sites 0 1 1 0 1 1 0
.inL 29 65 91- -,.. 18 72 90 1
ITEM NO.
14
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECUI, A
A GENDA REPORT
City Council
David F. Dixon, City Manager
November 27, 1990
Legal Services/Paralegal
RECOMMENDATION:
It is recommended that this item be continued for further report and analysis by the
City Manager.
BACKGROUND:
Several weeks ago City Council brought up the question of contract fees for legal
services. In the course of examining the cost associated with this service, we have
also taken a brief look at other contract service costs. Because the City is now a year
old, it would be prudent to re-examine all contract services and to identify cost
benefit, quality of service, and the continuance of the contract relationships.
Therefore, it is my recommendation that this item be continued until January of 1991,
which would give the staff sufficient time to examine any of our contract
relationships, and to address the broader question, as mentioned above, as it relates
to our contract policies and position with existing contractors.
ITEM NO. 15
APPROVAL
FINANCE OFFICER
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECUI, A
A GENDA REPORT
City Council
David F. Dixon, City Manager
November 27, 1990
Developmental Fees
RECOMMENDATION:
It is recommended that this item be continued for 30 days with a report forthcoming
at that time.
BACKGROUND:
Several weeks ago the question was raised relative to appropriate planning and
engineering fees. As a result of those questions and other associated comments, we
have embarked on a comprehensive review of all fees and charges. That report
should be available within the next 30 to 45 days, at which time it will be submitted
for review and consideration.
Therefore, I am recommending that this item be continued for approximately 30 days.
ITEM NO. 16
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
A GEND,4 REPORT
City Council
City Manager
November 27, 1990
Traffic Signals - Target Shopping Center
PREPARED BY: June S. Greek, Deputy City Clerk
RECOMMENDATION: Continue matter off calendar.
BACKGROUND: At the meeting of November 13, 1990, you discussed the
possibility of a jointly funded signalization program on Ynez and Rancho California
Roads adjacent to the Target Shopping Center. The developer of the shopping center,
Land Grant Development agreed to investigate the feasibility of their entering into
such an agreement. As of this date, we have not heard from Land Grant with respect
to these public improvements. We will bring this matter back to you when there is
something more specific to report.
ITEM NO.
17
CITY OF TEMECULA
A GENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT.'
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY~_.~Fr"/~,~,:
NOVEMBER 15, 1990
NOVEMBER 27, 1990
ADOPTION OF A CITY ORDINANCE RELATING TO
PLACEMENT OF ADULT MATERIALS HARMFUL TO MINORS
RECOMMENDATION: That the City Council introduce Ordinance No. 90-
restricting the placement of adult materials harmful to minors.
DISCUSSION: The City has received complaints regarding adult materials sold in
the City that are not suitable for minors. State law authorizes the City to adopt
legislation regulating the display of such material through the use of a "blinder
rack" ordinance. Accordingly, in order to restrict the display of adult reading
material so that adverse impacts upon minors are kept to a minimum, an ordinance
is necessary.
ATTACHMENTS:
Ordinance No. 90- relating to the placement of adult
materials harmful to minors.
ORDINANCE NO. 90-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 11.10 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE PLACEMENT OF
MATTER HARMFUL TO MINORS.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
Code to read as follows:
Chapter 11.10 is hereby added to the Temecula Municipal
"CHAPTER 11.10
DISPLAY OF ADULT MATERIALS HARMFUL TO MINORS
11.10.010. Legislative Finding and Authorization.
The City Council does find that there exists and has existed an increasing trend
toward the display of harmful matter within the meaning of California Penal Code
Section 313 et seq. at grocery stores, convenience stores, drugstores, and other retail
outlets within the City of Temecula. Said material is often displayed within the open
view of children of tender years and is easily accessible to them. The City Council
finds that this material is adverse to the public peace, morals and good order of young
children. The Council further finds that it is in the best interest of the public safety,
welfare and convenience of the City to restrict the display of said material and to
adopt the following regulations so that adverse impacts upon young children are kept
to a minimum.
11.10.020. Display of Adult Materials Harmful To Minors.
The display of material which is harmful to minors, as defined in Chapter 7.6
of Title 9 of the California Penal Code, (Section 313 et seq. thereof) in a public
place, other than a public place from which minors are excluded, is prohibited unless
a device commonly known as a blinder rack is placed in front of such material, so
that the lower two-thirds of the material is not exposed to view.
11.10,030. Penalties
2/ORDS/008 I 11 / 19/90
Every day that this Chapter is violated shall be a separate violation of this
Chapter. Every violation of this Chapter shall be punishable as a misdemeanor."
SECTION 2.
Harmful Matter.
Forwarding Copy Of Ordinance To Businesses Handling,
Upon adoption, a copy of this Ordinance shall be forwarded to all businesses
in the City of Mission who may handle "harmful matter" as defined in Section 313 of
the California Penal Code.
SECTION 3. SEVERABILITY. The City Council hereby declares that
the provisions of this Ordinance are severable and if for any reason a court of
competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance
to be invalid, such decision shall not affect the validity of the remaining parts of this
Ordinance.
SECTION 4. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
SECTION 5. EFFECTIVE DATE This Ordinance shall be in full force
and effect thirty (30) days after its passage. The City Clerk shall certify to the
adoption of this Ordinance and cause copies of this Ordinance to be posted in three
designated posting places.
PASSED, APPROVED AND ADOPTED this day of
,1990.
Ron Parks
Mayor
ATrEST:
June S. Greek
Deputy City Clerk
2/ORD8/008 2 11 / 19190
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
$S.
I, June S. Greek City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 90-_ was duly introduced and placed upon its first
reading at a regular meeting of the City Council on the __ day of , 1990, and
that thereafter, said Ordinance was duly adopted and passed at a regular meeting of
the City Council on the __ day of , 1990, by the following vote, to wit:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
June S. Greek
Deputy City Clerk
APPROVED AS TO FORM:
Scott F. Field
City Attorney
2/ORD$/008 3 11119190
A GENDA
TEMECULA COMMUNITY SERVICES DISTRICT
A REGULAR MEETING
NOVEMBER 27, 1990 PM
CALL TO ORDER:
ROLL CALL:
PRESENTATIONS/
PROCLAMATIONS
PUBLIC COMMENTS
CSD BUSINESS
1.
Lindemans, Moore, Mu~oz, Parks, Birdsall
Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 13, 1990 as mailed.
Election of President of the Temecula Community Services Board of Directors
At this time the President will entertain motions from the Board of Directors to
select the President to preside until the end of calendar year 1991.
Election of Vice President of the Temecula Community Services Board of
Directors
At this time the President will entertain motions from the Board of Directors to
select the Vice President to preside until the end of calendar year 1991.
A ccentance of Donated Property
RECOMMENDATION:
4.1 Accept donation of property (3.47 + acres) located off La Serena
Way, containing a Metropolitan Water District Easement for
possible future park development.
COMMUNITY SERVICES DIRECTORS REPORT
BOARD OF DIRECTORS REPORTS
ADJOURNMENT
Next meeting:
December 4, 1990, 7:00 PM, Temecula Community Center, 28816
Pujol Street, Temecula, California
CSDAgenda 2/050890 2 11/21/90
ITEM NO.
1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD NOVEMBER 13, 1990
A regular meeting of the Temecula Community Services District was called to order
at 8:33 PM, President Birdsall presiding.
PRESENT: 5 DIRECTORS:
Lindemans, Moore, Mu~oz, Parks,
Birdsall
ABSENT: 0 DIRECTORS: None
Also present were City Manager David F. Dixon, City Attorney Scott Field and June
S. Greek, Deputy City Clerk.
PUB!.IC COMMENTS
None given.
CSD BUSINESS
It was moved by Director Parks, seconded by Director Moore to approve the minutes
of November 13, 1990, as mailed.
The motion was carried by the following vote:
AYES: 5 DIRECTORS:
Lindemans, Moore, Mu~oz,
Parks, Birdsall
NOES: 0 DIRECTORS: None
ABSENT: 0 DIRECTORS: None
COMMUNITY SERVICES DIRECTORS REPORT
Shawn Nelson, Director of Community Services, reported that the City is in the
process of acquiring from Riverside County, the property adjacent to Sports Park, and
staff is looking at the development of a conceptual design for the entire Sports Park
area. He said requests for qualifications are being prepared, to begin the development
of a Parks and Recreation Master Plan. He also reported interviews will begin within
one week for a Park Development Coordinator and a Maintenance Superintendent.
4\CSDMIN\I 11390 -1 - 11/19/90
CSD Minutes November 13, 1990
Mr. Nelson reported that the next Parks and Recreation Commission meeting will be
held Monday, November 26, 1990, 7:00 PM at Rancho Elementary School.
CITY ATTORNEYS REPORT
None given.
DIRECTORS REPORTS
Councilmember Mu~oz stated that a year ago CSAo143 established a master plan for
the Sports Park, and suggested using this as reference material. Mr. Nelson reported
he does have a copy of this plan and it is being used for this purpose.
ADJOURNMENT
It was moved by Director Parks, seconded by Director Mu~oz to adjourn at 8:40 PM,
to a meeting on November 27, 1990, at the Temecula Community Center at 7:00 PM.
The motion was unanimously approved.
Patricia H. Birdsall, President
ATTEST:
June S. Greek, Deputy City Clerk
4\CSDMIN\I 11390 -2- 11/19/90
ITEM
NO.
2
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
City Manager
November 27, 1990
Election of President
PREPARED BY: June S. Greek, Deputy City Clerk
RECOMMENDATION:
of calendar year 1991.
Conduct election of TCSD President to preside until the end
BACKGROUND: At the first meeting of the Temecula Community Services
District on December 1, 1989, you elected the President to preside until the end of
calendar year 1990. Therefore, the term of the President elected to serve during
1991 would become effective on January 8, 1991 at your first meeting of the new
year.
ITEM NO. 3
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
A GENDA REPORT
Board of Directors
City Manager
November 27, 1990
Election of Vice President
PREPARED BY: June S. Greek, Deputy City Clerk
RECOMMENDATION: Conduct election of TCSD Vice President to preside until the
end of calendar year 1991.
BACKGROUND: At the first meeting of the Temecula Community Services
District on December 1, 1989, you elected the Vice President to preside until the end
of calendar year 1990. Therefore, the term of the Vice President elected to serve
during 1991 would become effective on January 8, 1991 at your first meeting of the
new year.
ITEM NO.
4
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
FROM:
David F. Dixon, City Manager
DATE:
November 5, 1990
SUBJECT: Acceptance of Donated Property
Prepared By: Shawn Nelson, Community Services Director
RECOMMENDATION:
That the City Council accept donated property containing
Metropolitan Water District Easement for possible future
park development.
FISCAL IMPACT.'
No fiscal impact due to the property being donated.
However, if developed, monies will need to be budgeted for
maintenance and operation.
DISCUSSION:
On September 18, 1990, the City Council authorized staff to execute the necessary
paperwork to accept this donated property containing a Metropolitan Water District
Easement for possible future park development. This undeveloped, narrow parcel on
La Serena Way could be integrated into a city-wide trails system that will be designed
when the Parks and Recreation Master Plan is completed.
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDERS bSE
DOCUMENTARY TRANSFER TAX S ................................................
Com0utecl on me cons~c~eratlon or vaJ~e of 0roDarty conreset C~
..... Computed on the Cons~clerat~on or va,~e ~es5 =~ens or ecc~mDrar, Ces
remammg at t~me of sale
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BEDFORD DEVELOPMENT COMPANY
a corporation organized under the laws of the State of California
GRANT to
THE CITY OF TEMECULA
the real property in the City of Temecula
County of Riverside
, State of California, described as
For legal description see Exhibit "A" attached hereto and by this reference
made a part hereof.
Dated November 5, 1990
On November L$ , 1990 Mfore~,
~ Peter B. Bedford
on~half~ Bedford Development
Company
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1144 (6/82)
ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
28765 Single Oak Drive, Suite 250
Temecula, California 92390
May 16, 1990
JN 23651-M2
Page 1 of 2
LEGAL DESCRIPTION
TEMECULA PARK SITE
E/O TRACT NO. 20881
That certain parcel of land situated in the City of Temecula,
County of Riverside, State of California, being that portion of the
Rancho Temecula as granted by the government of the United States
of America to Luis Vignes by patent dated January 18, 1860 and
recorded in Book 1, Page 37 of Patents in the Office of the County
Recorder of San Diego County, California, described as follows:
BEGINNING at the most northeasterly corner of Tract No. 20881 filed
in Book 180, Pages 42 through 47 of Maps in the Office of the
County Recorder of said Riverside County, said corner being a point
in the boundary line of Tract No. 3883 filed in Book 63, Pages 1
through 35 of Maps in said Office of the Riverside County Recorder;
thence along said boundary line North 28°27'20'' East 204.80 feet;
thence continuing along said boundary line North 74°26'20'' East
3.77 feet to the centerline of a variable width easement in favor
of the United States of America per document recorded October 27,
1949 as Instrument No. 3113 in Book 1118, Page 376 of Official
Records in said Office of the Riverside County Recorder;
thence along said centerline South 2°49'06'' East 1316.30 feet to
an angle point in the boundary line of Tract No. 7401 filed in Book
86, Pages 11 and 12 of Maps in said Office of the Riverside County
Recorder and a point in the northerly line of La Serena Way as
shown on a map of said tract;
thence along said boundary line South 27°25'49'' East 20.58 feet to
a point on a non-tangent curve in the northerly line of La Serena
Way concave southeasterly and having a radius of 894.00 feet as
shown on Tract No. 20735-7 filed in Book 180, Pages 26 through 31
of Maps in said Office of the Riverside County Recorder, a radial
line of said curve from said point bears South 34°17'54'' East;
Robert Bein, William Frost
and Associates
Temecula Park Site
E/O Tract No. 20881
May 16, 1990
JN 23651-M2
Page 2 of 2
thence along said curve and northerly line southwesterly 160.41
feet through a central angle of 10°16'49'' to the easterly line of
said Tract No. 20881;
thence along said easterly line through ~he following courses:
non-tangent from said curve North 2°49'06" West 891.89 feet;
thence North 87°10'54'' East 10.00 feet;
thence North 2°49'06'' West 362.80 feet to the POINT OF BEGII~NING.
CONTAINING: 3.47 Acres, more or less ..
SUBJECT TO all Covenants, Rights, Rights-o~-Way and Easements of
Record.
EXHIBIT "B" attached and by this reference made a part hereof.
Lawrence L. Bacon, L.S. 3527
~F CAL\~
EXH iIET "A"
129960
EXHIBIT ,~l, __ 8~crrc~
TO ~CC(~ANY LEGAL
T~'I~'CULA PARK SITE
E/0 TRACT NO eoaa/
COAtTAININ~ : ~.
DATE
MAY 17, 19~0
N~i$~ LINE OF LA 5~R~'NA
· PER TRACT NO, ;401
--I
EXHIBIT "B"
$ttEET I OF I SHEET
PR F SSIONAL ENGINEERS. PLANNERS & SURVEYORS
28765 SINGLE OAK DRNE * SUITE 250 · RANCHO CALIFORNIA, CA 92390
{714) 876-8042 · FAX {714) 67(~7240
FIELD BOOK ~ JOB NO
P_3{~51
DOCUMENTS SUBMITTED
FOR THE RECORD
41111 /
�Ef •1
/
26 November 1990
CITY OF TEMECULA
City Council Members
Ron Parks , Mayor
Pat Birdsall
Karel Lindemans
Peg Moore
Sol Munoz
Dear Members:
1 have been the owner of a 2 1/2 acre parcel at the corner
of Pala Vista Drive and Liefer Road since 1981. This letter
is to make you aware that I want to develop my property
and therefore ask that you please designate 1/2 acre parcels
as per the SWAP Map dictates for my parcel .
I also want to go on record as disagreeing with your decision
to turn down the division of the property at Liefer and
Nicholas Road from a 5 acre parcel to 1 acre parcels that
belongs to my neighbor.
Sincerely,
Lou I . Brady-McCormick
Rancho California, CA 92390
DOCUMENTS SUBMITTED
FOR THE RECORD
4 b 1 �g y/g o ?'47/7P14--)
Is j / � ��
November 26 , 1990
City of Temecula
City Council Members
Ron Parks , Mayor
Pat Birdsall
Karel Lindemans
Peg Moore
Sol Munoz
Dear Members ,
I own a 21 acre parcel on Liefer Road in Temecula. I want to
go on record as being pro development. I want the 11 acre
density shown on the most recent South West Area Plan.
Nicolas Road needs improvements . I realize that without
development these improvements would be very slow in coming.
Please do not turn down development projects in my area
because you think that I want the area to stay just the way
it is . We all welcome change in our area. Change benefits us
all .
Sincerely, / .40 /9
c;,6'. — 721 �,
�•�, . N
Kenny and Norma Medina
Temecula, CA 92390