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Home My WebLink About072793 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER - 28816 Pujol Street JULY 27, 1993 - 7:00 PM At approximately 9:45 PM, the 'City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until · future meeting. All meetings are scheduled to end at 10:00 PM EXECUTIVE SESSION: 6:30 PM ' Closed Session' of 'the Ci~= ~Ur~ii.":~'~nt= ~ ?;"' ...: :; Government. Code 'Section= '54956;9 (a), Lake.Viliaiies 'Vs. 'Cityi bf'T~meC~!a and.:.= :. ":. ':.i. :": MCDowell vs. City of TemeCula ':: ..i .... Next in Order: Ordinance: No. 93-14 Resolution: No. 93-61 CALL TO ORDER: Mayor J. Sal Mur~oz presiding Invocation Pastor John Webb, Crossroads of the Valley Flag Salute Councilmember Birdsall ROLL CALL: Birdsall, Parks, Roberts, Stone, Mu~oz PRESENTATIONS/ PROCLAMATIONS Presentation by Balloon and Wine Festival Committee PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. Agendd072713 I 07/21/13 When you are called to speak, please come forward and state your name and address. For all other agenda items a 'Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is · five (5) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 2 Standard Ordinance Adootion Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agende. Minutes RECOMMENDATION: 2.1 Approve the minutes of June 16, 1993; 2.2 Approve the minutes of June 22, 1993. 3 Resolution Aoorovinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A /~etd~/072712 2 07/21)12 ~. 4 "No Parkino" .Zone on Jefferson Avenue North of Winchester Road RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING' ZONE ON JEFFERSON AVENUE NORTH OF - WINCHESTER ROAD Installation of Two (2) Stoo SiGns RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL ESTABLISHING 'STOP' SIGNS OF THE CITY OF TEMECULA Contract Chanae Order No. 011 for Ynez Road Widenino Project. PW92-05, CFD 88- RECOMMENDATION: 6.1 Approve Contract Change Order No. 11 for Ynez Road Widening Project (PW92-05) for labor and equipment for stand-by time during the relocation of conflicting utilities, in the amount of $71,292. Reimbursement Agreement with the Rancho California Water District for Street Improvements for Avenida De Ventas Road RECOMMENDATION: 7.1 Approve the Reimbursement Agreement with the Rancho California Water District and authorize the Mayor to execute the Agreement on the City's behalf and the City Clerk to attest to the same. AeendNO72783 3 O7/21/13 8 Contract Award for Plan Review Services RECOMMENDATION: 8.1 Approve the award of contract to ESGIL Corporation, as the primary plan review firm to provide complete plan review services to the Building and Safety Department; 8.2 Retain the services of Van Dorpe/Chou and Associates, Inc. and Melad and Associates to support the plan review needs of the City's Building and Safety Department. 9 Contract Agreement for Street Address Numberina RECOMMENDATION: 9.1 Approve a contract agreement with Bruce Stewart, to renew existing contract to provide address numbering services on an as-needed basis. 10 Specific Classification and Salary Adjustments RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING RESOLUTION NO. 93-50 ADOPTING A REVISED SCHEDULE OF AUTHORIZED POSITIONS 11 Release Faithful Performance Warranty Bonds and Material and Labor Bonds in Tract No. 20154 RECOMMENDATION: 11.1 Authorize the release of Street and Sewer and Water System Faithful Performance Warranty Bonds, and Material and Labor Bonds in Tract No. 20154, and Direct the City Clerk to release the Faithful Performance Warranty Bonds and so advise the Clerk of the Board of Supervisors to release the Material and Labor Bonds. AeendNO72713 4 07/21/11 12 Resolution Desionating Certain Classifications of City Officers and Emolovees to Exercise Arrest and Citation Authority for Violations of fie Temecula Municioal Code RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING CERTAIN CLASSIFICATIONS OF CITY OFFICERS AND EMPLOYEES TO EXERCISE ARREST AND CITATION AUTHORITY FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE SECOND READING OF ORDINANCES 13 Second Reading of Ordinance Amendina Official 7onino Mao for Change of Zone Aoolication Contained in Plannina Aoolication No. PA93-0043 - WalMart RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 93-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINED IN PLANNING APPLICATION NO. PA93- 0043, CHANGING THE ZONE FROM R-R {RURAL RESIDENTIAL) TO C-P-S {SCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF YNEZ AND WINCHESTER ROADS, AND KNOWN AS A PORTION OF ASSESSOR'S PARCEL NUMBERS 910-130-046 AND 910ol 30- 047 PUBLIC HEARINGS ,, Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. Aeendl/O72/B3 s. 07/21,t3 14 Develooment Agreement No. 99-1. Change of 7one No. 71. Tentative Parcel MaD No. 77314. Amendment No. 3 - Linfield School (Continued from the meeting of July 13, 1993) RECOMMENDATION: 14.1 Adopt s resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING DEVELOPMENT AGREEMENT NO. 92-1, CHANGE OF ZONE NO. 21, AND TENTATIVE PARCEL MAP NO. 27314, AMENDMENT NO. 3 TO ENSURE THE DEVELOPMENT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKILLED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSE AND DEDICATION OF A 2.3 NET ACRE PARCEL TO THE CITY OF TEMECULA FOR A SENIOR CITIZEN CENTER, A ZONE CHANGE FROM RoR (RURAL RESIDENTIAL) TO R-3 {GENERAL RESIDENTIAL) AND TO SUBDIVIDE A 96,7 ACRE PARCEL INTO 4 PARCELS AND A 48.4 ACRE REMAINDER PARCEL LOCATED EAST OF TEMECULA HIGH SCHOOL, SOUTH OF RANCHO VISTA ROAD AND NORTH OF PAUBA ROAD COUNCIL BUSINESS 15 Ordinance Amendins Park and Recreational Facility Ooerational Policies and Regulations - Smoking Policy for City Parks and Recreation Facilities RECOMMENDATION: 15.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE 91-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS Aeendd0727i13 48 07/21/12 DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next meeting: August 3, 1993, 6:30 PM, Workshop regarding AD 159 end 161, Temecula City Hall, 43174 Business Park Drive, Temecule, California Next regular meeting: August 10, 1993, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California AeendNO72793 7 07/21~1 TEMFCULA COMMUNITY SERVICES DISTRICT MEETINn - (To be held at 8:00) CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: DIRECTORS: Mu~oz, Parks, Roberts, Stone, Birdsall PUBLIC COMMENT: Anyone wishing to address the Board of Directors, should present a completed pink =Request to Speak= to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of June 22, 1993. DEPARTMENTAL REPORT GENERAL MANAGER'S REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting August 10, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California AeendWI)72793 I 07/21113 T~M~U~A ~ED~V~LOPMENT A~N~Y M~ETIN~ _ CALL TO ORDER: ROLL CALL: Chairperson Ronald J. Parks presiding AGENCY MEMBERS: Birdsall, Robarts, Parks Stone, Muf~oz, PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink 'Request to Speak' to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS Minutes RECOMMENDATION: 1.1 Approve the minutes of June 22, 1993. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'$ REPORTS ADJOURNMENT: Next regular meeting August 10, 1993, 8:00 PM, Temecula Community Center, 28816, Temecula, California Aeelda/072713 I 07/21/I,1 PRESENTATIONS/ PROCLAMATIONS ITEM ITEM NO. 2 AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 16, 1993 An adjourned regular meeting of the City of Temecula City Council was called to order Wednesday, June 16, 1993, 7:00 P.M. at the Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Mayor J. Sal Mufioz presiding. Councilmember Birdsall led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Harwood Edvalson, City Attorney Scott F. Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. PRESENTATIONS/PROCLAMATIONS None PUBLIC COMMENTS None COUNCIL BUSINESS 1. Caoital Imorovement WorkshoD City Manager David Dixon presented the staff report. Finance Officer Mary Jane McLarney gave an overview' of the revised Draft Capital Improvement Document. Director of Public Works Tim Serlet presented the FY94-98 Capital Improvement Program Transportation Improvement Summary, Transportation Improvement Ranking and Development and Construction of A Capital Project Summary. Mayor Mur~oz stated that he views the construction of the Overland Overcrossing as a resolution to the problems which currently exist on the Winchester Road and Rancho California Road overcrossings. City Manager David Dixon suggested that the Council could investigate the feasibility of a toll road for the Overland Overcrossing or Winchester Road. CCMIN06/16/93 -1- 1/24/93 CITY COUNCIL MINUTES JUNE 16.1993 Councilmember Parks stated that he feels Winchester Road is the most important interchange at this time and suggested to the Council that it be placed as a higher priority. Councilmember Birdsall and Mayor Pro Tem Roberts stated they agreed with Councilmember Parks on the priority of the Winchester Road Interchange, which is also half the cost of the Overland overcrossing. Mayor Mur~oz stated that he feels the construction of the Overland overcrossing would extend the life of both the Winchester Road and Rancho California Road overcrossings which are currently heavily congested during peak hours. Councilmember Stone stated that he was concerned about what projects would be compromised if the Council ranked the Overland overcrossing as top priority. Councilmember Stone said that he supports the idea of a toll road and suggested that Council should explore the possibility further. He said he feels the improvements to the Winchester Road interchange improvements would accomplish approximately 70% of what the Overland overcrossing would accomplish. Councilmember Parks stated that the cost of the Overland Overcrossing has grown considerable from the original $6,000,000 cost of improvements. He stated that he feels there may be other alternatives to the Overland Overcrossing in the cost range of $14,000,000 and suggested that staff study the design of the overpass. City Manager David Dixon advised the Council that the additional $8,000,000 in funds required to accomplish both the Winchester Interchange and the Overland Overcrossing, could be drawn from Redevelopment Agency funds previously earmarked for the Northwest Sports Complex and the Overland Overcrossing. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to approve the Winchester Interchange and the Overland Overcrossing as priority one projects and direct staff to investigate other alternatives to the overcrossing as discussed. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mur'ioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Mufioz declared a recess at 8:50 P.M. The meeting was reconvened at 9:05 P.M. CCMIN0611 6193 -2- 1/24~3 CITY COUNCIL MINUTES JUNE 16, 1993 Community Services Director Shawn Nelson presented and reviewed the CIP Priority List for Parks and Recreation Facilities. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve the Capital Improvement Priority Listing for Parks and Recreation Facilities as presented. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Robarts, Stone, Mufloz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None City Manager David Dixon advised the Council that the issue of graffiti removal, is being presented by Assistant City Manager Harwood Edvalson, in order to get consensus from the Council on whether to include this item in the 1993-1994 budget and establish an in-house program or continue contracting for these services. Assistant City Manager Edvalson distributed a memorandum regarding graffiti services and presented a contract vs. in-house comparison and accompanying pros and cons. Councilmember Stone expressed concern regarding the initial capital outlay. He stated that he liked the idea of providing more jobs within the City of Temecula. Councilmember Parks expressed concern about combining graffiti removal with the street striping program. Councilmember Parks stated he feels that three employees would need to be hired to keep the program operating efficiently. He suggested that the City contract with an additional two or three graffiti removal companies and leave the street striping maintenance under separate contract. Mayor Pro Tem Roberrs stated that he did not see reason for concern in hiring additional employees to perform street striping functions and stated that cross-training of these positions could solve the need for additional parks or publics works maintenance employees. City Manager David Dixon suggested that the Council consider the issue prior to the hearing on the City Budget and make their recommendations at that time. CITY MANAGER REPORT None CCMIN06/16/i3 -3- ~/24/13 CITY COUNCIL MINUTES CITY ATTORNEY REPORT None JUNE 16.1993 CITY COUNCIL REPORTS Councilmember Parks asked that discussion regarding the Murrieta Creek correspondence written by Mayor Mufioz be added to the next agenda. Councilmember Stone advised the Council that he attended e County-wide meeting regarding graffiti problems with representatives from the various communities who will be presenting their graffiti ordinances to be drafted into a county ordinance. Councilmember Stone advised that there were discussions regarding the prosecution of graffiti crimes which is being considered for traffic courts rather than juvenile courts. He advised Council that there will be a committee summit held in September. ADJOURNMENT It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to adjourn at 9:53 P.M. The motion was unanimously carried. The next regular meeting of the Temecula City Council will be held on Tuesday, June 22, 1993, 7:00 PM, at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor J. Sal Mu~oz June S. Greek, City Clerk CCIIINOIIII/g3 -4- t/24~t3 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD, JUNE 22, 1993 A regular meeting of the Temecula City Council was called to order on Tuesday, June 22, 1993, 7:05 P.M. at the Temecula Community Center, 28816 Pujol Street, Temecula, California. The meeting was called to order by Mayor J. Sal Muftoz. Councilmember Parks led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Harwood Edvalson, City Attorney F. Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. INVOCATION The invocation was given by Pastor Charles Graham, New Covenant Fellowship. PRESENTATIONS/ PROCLAMATIONS Deputy Navarro of the Temecula Sheriff's Department explained the Anti-Graffiti Poster Contest. Mayor Pro Tem Roberts and Councilmember Stone, judged the posters prior to the meeting and presented the following awards: 4th Grade Place Name/School Prize I st 2nd 3rd 5th Grade Charise Hinton/Temecula Elementary Victor Richards/Sparkman Elementary Jamie Roberts/Sparkman Elementary Disneyland $50 Savings Bond $15 Toys-R-Us Certificate Gift Place Name/School Prize 1 st 2nd 3rd Michael Harpin/Redhawk Elementary Tab Salsman, Jr./Redhawk Elementary Katie Heckbarth/Nicolas Valley Elem. Magic Mountains $50 Savings Bond $15 Toys-R-Us Cerificate Gift CCMIN06/22/93 -1 - 07/01/13 CITY COUNCIL MINUTES JUNE :~2, 1993 Mayor Muftoz proclaimed the Week of June 21 - June 27, 1993 as Amateur Radio Week. PUBLIC COMMENTS David L. Bartlett, 27711 Diaz Road, Temecula, President of Hudson, RCI, expressed his concern that the wrong message was received by the Army Corp of Engineer regarding the City of Temecula's position regarding the County Flood Control Plan as presented by Mayor Mufioz. Mr. Bartlett asked that the Council place on the .July 13th agenda, sending a certified letter to the Army Corp of Engineers clarifying and re-emphasizing the City's position regarding the 404 permit application. He also asked that the Council address defining and delineating the roles and objectives are of the newly formed Flood Control Advisory Committee; and discuss some form of accountability with respect to future spokespersons for the City Council and consider replacing Mayor Muf~oz on the Flood Control Advisory Committee. CONSENT CALENDAR It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to approve Consent Calendar Items No. I - 4 as follows:. Standard Ordinance Adootion 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 May 18, 1993. e Resolution Aoorovino List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 9343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CCMINO6122/93 -2- 07/01103 CITY COUNCIL MINUTES JUNE 22. 1993 ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Revised Solid Waste Rates for FY 1993-94 RECOMMENDATION: 4.1 Receive and file the revised solid waste rates for commercial, industrial, and multi-family refuse and recycling services in the City of Temecula. The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mu~oz None None Parks, Roberrs, Stone, City Manager David Dixon requested that the Council approve the addition of Item No. 12, Structural Fire Tax to the agenda, based on · finding that the need to address this matter arose after the printing of the agenda. It was moved by Councilmember Parks, seconded by Councilmember Stone to add Agends Item No. 12, Structural Fire Tax. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mur~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARINGS PA93-0038 - Reouest to Convert Existine Young Adult Nightclub Into An Adult Only Niahtclub Which Will Allow On-site Consumotion of Alcohol Councilmember Birdsall stepped down due to a potential conflict of interest, Planning Director Gary Thornhill presented the staff report. CCMIN06122/93 .-3- 07/01/1~ CITY COUNCIL MINUTES JUNE ~. 1993 Mayor Muf~oz opened the public hearing at 7:30 P.M. There being no requests to speak the public hearing was closed at 7:30 P.M. It was moved by Counciimember Stone, seconded by Mayor Pro Tem Roberts to close the public hearing at 7:30 P.M. and approve staff recommendation as follows: Adopt a resolution entitled: RESOLUTION NO. 9347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PA93-0038, MINOR CONDITIONAL USE PERMIT TO CONVERT AN EXISTING TEEN NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB AND ALLOW THE SELLING AND ON-SITE CONSUMPTION OF ALCOHOL LOCATED AT 28822 FRONT STREET, SUITE 203, PARCEL NUMBER 922-093-002 The motion carried as follows: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mur~oz 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: Birdsall e RDA Assistance - WaI-Mart City Manager David Dixon advised that this item was being continued to the meeting of July 13, 1993 at the request of staff and the applicant. Mayor Mur~oz opened the public hearing at 7:30 P.M. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue the public hearing to the meeting of July 13, 1993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mur~oz None None Parks, Roberts, Stone, CCMINOS/22/S3 -4- 07/01 CITY COUNCIL MINUTES JUNE 72, 1993 Capital Improvement Prooram Fiscal Years 1994-98 City Manager David Dixon presented the staff report. Mayor Mu~oz opened the public hearing at 7:40 P.M. There being no requests to speak the public hearing was closed at 7:40 P.M. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to close the public hearing and approve staff recommendation as follows: Adopt a resolution entitled: RESOLUTION NO. 9348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEARS 1994°98 The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Muf~oz None None Parks, Roberts, Stone, COUNCIL BUSINESS 8. Proposed Fiscal Years 1993-94 Annual Ooeratino Budaet · City Manager David Dixon presented the staff report. Councilmember Birdsall stated that she feels the amount of money being spent on video taping Council meetings could be spent more productively and suggested that staff contact the local cable television company to discuss the possibility of their providing live coverage of City Council meetings which may be of special interest to the community, at no cost to the City and discontinuing the present contract for video taping of each City Council meeting. Councilmember Birdsall stated that she would also like staff and the Council to re-evaluate the RTA bus service, and its usage vs. the cost of the program. CCMINO6/22/93 -Fe- 07/01/93 CITY COUNCIL MINUTES JUNE 92, 1993 Councilmember Stone suggested that the City could offer commercial spots during the taped program of the City Council meetings to recoup some of the cost of taping the meetings, however, he stated that he felt providing the public with the ability to watch the City Council meetings is important. Mayor Mufioz stated that he feels taping the City Council meetings is a unique tool in communicating with the public and opposed discontinuing the taping of the meetings. He also stated that he feels the RTA bus system is an important transportation facility offered in the City and discontinuing the program could mean a loss of important transportation funds to the City. Councilmember Parks stated that he is supportive of a service, whether it is the RTA system or another, that will provide the best source of transportation to the people. Mayor Pro Tem stated that he would hate to see the bus service discontinued and he said that he would like to see the buses go into the shopping centers to provide more efficient service to the community. Mayor Pro Tem Roberts stated that he was also supportive of continuing the televising of the Council meetings. Assistant City Manager Harwood Edvalson presented the staff report on a Capital Improvement Project for a In-House Street Stenciling and Graffiti Removal Program vs. a outside contract program. Councilmember Parks stated that he agrees that the City needs to fund a quick graffiti removal program, however, he can not justify combining it with the street stenciling program and would rather see the City set-up two separate contracts, one for street stenciling and one for graffiti removal, and rather than hire additional City employees to perform these duties. Mayor Pro Tem Roberts asked the Director of Public Works if two additional employees would be kept busy with these duties. Direct'or Serlet stated that the two additional employees would provide increased flexibility in the day-to-day maintenance operations and the four maintenance employees would be cross-trained. John Dedovich, 39450 Long Ridge, Temecula, :stated that he is concerned with elected City Officials giving away City funds and asked that the Council use more discretion when making future grants of City funds. Councilmember Parks stated that he opposed increasing CSD Service Level A to include the street stenciling and graffiti removal program. City Attorney Scott Field advised that during the Community Services District meeting, staff will be proposing to modify Service Level "A" to include the street stenciling and graffiti removal program. CCMINO8122/93 -I- 07/O1/83 CITY COUNCIL MINUTES JUNE ~. 1993 It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve staff recommendation as follows, leaving the Street Stenciling and Graffiti Removal program as a separate item: Adopt a resolution entitled: RESOLUTION NO. 93-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ADOPTING THE OPERATING BUDGET FOR THE FISCAL YEAR 1993-94 FOR THE CITY OF TEMECULA AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS Adopt a resolution emitled: RESOLUTION NO. 93-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Muf~oz None None Parks, Roberts, Stone, It was moved by Councilmember Stone, seconded by Mayor Pro Tern Roberrs to approve the In-house Street Stenciling and Graffiti Removal Program with two additional maintenance employees. Councilmember Parks stated that he feels the In-House program will not provide a cost savings to the City and will go back to the private sector. The motion was carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Roberts, Stone, Muftoz NOES: I COUNCILMEMBERS: Parks ABSENT: 0 COUNCILMEMBERS: None Mayor Mu~oz declared a recess at 8:40 P.M. The meeting was reconvened at 9:55 P.M. CCMIN06122/g3 -7- 07/01f83 CITY COUNCIL MINUTES JUN;: ~. 1993 It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to extend the meeting to 10:30 P.M. The motion was unanimously carried. Boys and Girls Club Funding Community Services Director Shown Nelson presented the staff report. City Manager David Dixon said that if the Temecula City Council is being asked to approve this expenditure, the youth of the City of Temecula should be given first priority for services provided. Allen Winklestein, President of the Boys and Girls Club stated that it was the organizations intention that only the resident youth of Temecula would be used for service hour credits. Councilmember Stone suggested that this condition should be explicitly detailed in the agreement. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff recommendation with the direction that the agreement specify that the service hour credits be given for Temecula resident children only as follows: 9.1 Authorize the City Manager to execute a loan agreement of 8374;846 with the Boys and Girls Club for construction of the Boys and Girls Club Facility. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mur~oz NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None 10. Friendshio Baseball Tournament Reouest Community Services Director Shawn Nelson presented the staff report. Frit Swain, 45470 Tournament Lane, Temecula, representing the Friendship Tournament Team, provided background on the tournament and advised the Council that the Little League Association has denied the tournament players the use of the Little League uniforms. Mr. Swain stated that the request is to fund the cost of the uniforms which would have the City name on them and could be used for future tournaments. CCMIN06/22/93 -8- 07/01/93 CITY COUNCIL MINUTES JUNE ~:~. 1993 Councilmember Stone asked if any service clubs had been approached to assist in funding the tournament. Mr. Swain stated that he will be going to the service clubs in July to ask for their assistance. Mr. Swain said that there is also a need for funds for meals which he was going to request the service clubs to sponsor. Mayor Pro Tem Roberts suggested that this request be continued to the next meeting to allow the applicant time to approach the service organizations which he feels may be willing to assist in funding the tournament. It was moved by Mayor Pro Tem Roberrs, seconded by Councilmember Parks to continue this item to the meeting of July 13, 1993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mu~oz None None Parks, Roberts, Stone, 11. Reauest for Ooeratin. Assistance - Temecula Museum City Manager David Dixon presented the staff report. He advised the Council that there are funds available under the Capital Improvement Program for funding a permanent location for the museum, however, the museum will need assistance on an interim basis until this permanent facility can be found. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to extend the' meeting at 10:30 P.M. to 10:45 P.M. Councilmember Parks stated that although he supports the museum, he is not willing to continue to pay the rent for their facility. Councilmember Stone advised the Council that he will be hosting a fund raiser along with the Museum Committee in September with a goal to raise $10,000. Councilmember Birdsall stated she supports the museum and would like to find a permanent location in Old Town for the museum. Councilmember Birdsall suggested that staff explore the possibility of building a museum facility on the 6th Street land with a multi-level parking facility. City Manager David Dixon said that staff could address the feasibility of using the 6th CCMIN06/22/93 -I- 07/01/13 CITY COUNCIL MINUTES JUN; ~. 1993 Street land however, until there is a Master Ran for Old Town, he is uncomfortable allocating that land until a decision has been whether to keep it or trade it. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation and direct that this item be placed on the August 24, 1993 agenda to evaluate a program for establishing a permanent facility. 11.1 Approve a request from the Temecula Valley Museum to provide them with support, on an interim basis, until a resolution can be found and agreed upon for a permanent museum facility. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muf~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ADDED TO THE AGENDA ON THE BASIS OF SUBSEnUENT NEED 12. Consideration of Amendment to Structural Fire Tax ProQram City Manager David Dixon presented the staff report. It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve staff recommendation as follows: Adopt a resolution entitled: RESOLUTION NO. 93-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 93-20 REGARDING WITHDRAWAL FROM STRUCTURAL FIRE PROTECTION PROGRAM The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: Birdsall, Parks, Roberts, Stone, Muf~oz 0 COUNCILMEMBERS: None CCMIN06122/93 -10- O7/O1/93 CITY COUNCIL MINUTES ABSENT: 0 COUNCILMEMBERS: None JUNE t~,1993 DEPARTMENTAL REPORTS None CITY MANAGER REPORT None CITY ATTORNEY REPORT None CITY COUNCIL REPORTS Councilmember Birdsall stated that she would like the Council to present a Certificate of Valor to the family of Office Kent Hindergardt. Councilmember Parks stated that he would like the issue of the Mayor's letter regarding the 404 permit placed on the July 13, 1993 agenda. Counciimember Parks stated that he had received a message stating the Corps of Engineer's believes the Temecula City Council is not supportive of the County's 404 Permit plan. ADJOURNMENT It was moved by Councilmember Stone, seconded by Mayor .Pro Tem Roberts to adjourn at 10:50 P.M. The motion was unanimously carried. The next regular meeting of the Temecula City Council will be on July 13, 1993, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor J. Sal Mufioz City Clerk June So Greek CCMIN06122/93 -11 - 07/01/93 ITEM NO. 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF TIff, 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 mount of $1,003,412.64. Section 2. The City Clerk shall certify the adoption of this resolution. APFROVED AND ADOPTRr), this 27th day of July, 1993. ATTEST: J. Sai Mu~oz, Mayor June S. Greek, City Clerk [SEAL] R~sos 324 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS crrY OF TEMF~ULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 93~ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 27th day of July, 1993 by the following roll call vote: COUNCILMEMBERS: NOE: COUNCILMI~-MBERS: COUNCILMEMBERS: June S. Greek, City Clerk Reaoa 324 ~ 0/'/08/93 TOTAL CHECK RUN: 07/15/93 TOTAL CHECK RUN: 07/27/93 TOTAL CHECK RUN: 07/01/93 TOTAL PAYROLL: 07/15/93 TOTAL PAYROLL: CITY OF TEMECULA LIST OF DEMANDS S96,231 $100,319.95 $596,991.30 $105,578.6~ $104.293.23 TOTAL LIST OF DEMANDS FOR 07/27/93 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 100 140 190 191 192 193 210 250 310 320 330 GENERAL GAS TAX FUND COMMUNITY DEV. BLOCK GRANT TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C CAPITAL IMPROVEMENT PROJ FUND CAPITAL PROJECTS - TCSD REDEVELOPMENT AGENCY-CIP INSURANCE FUND VEHICLE FUND INFORMATIONS SYSTEMS COPY CENTER FUND $175,119.75 $33,705.94 $315.99 $4,262.70 $509,011.56 ~5,20e.87 rk.K52.14 $10,932.31 $1,003,412.64 PAYROLL: 001 100 190 191 193 320 330 GENERAL (PAYROLL) GAS TAX FUND (PAYROLL) TCSD (PAYROLL) TCSD SERVICE LEVEL A (PAYROLL) TCSD SERVICE LEVEL C (PAYROLL) INFORMATION SYSTEMS (PAYROLL) COPY CENTER FUND (PAYROLL) TOTAL BY FUND: $126,540.00 $31,222.23 $42,941.80 $1,645.13 $1,958.99 $2,315.32 $209,86~.92 $1,003,412.64 MARY JANE M~FINA~ER ' ~ 'E DIXON, CITY MANAGER CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING I$ TRUE AND CORRECT. VOUCHRE2 07/08/93 12:19 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 140 COMffiJNITY DEV BLOCK GRANT 190 COIRI4UNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 250 CAPITAL PROJECTS - TCSD 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 COPY CENTER FUND TOTAL AMOUNT 62,678.83 10,979.38 356.10 13,335.26 378.56 315.99 1,281.87 300.00 253.11 968.80 2~4.89 4.00 3,934.11 1,200.59 96,Z31.47 VOUCHRE2 CZTY OF TEMECULA 07/0)w'q 12:19 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NLINBER NAME DESCRIPTION NUMBER ZTEM AMOUNT CHECK AMOUNT 10964 07/01/93 001052 RIVERSIDE COUNTY PARKS DAY CARP TR]P TO LAKE S 190-183-809-5300 89.00 206428 07/01/93 000444 FIRSTAX (EDD) 0004~4 CAIT 001-2070 206428 07/01/93 000444 FIRSTAX (EDD) 000444 CA]T 100-2070 Z06428 07/01/93 000~ FIRSTAX (EDD) ~004/,4 CAIT .-190-2070 206428 07/01/93 000666 FIRSTAX (EDD) 000/~ CA]T 191-2070 206428 07/01/93 000/~4 FIRSTAX (EDD) 0004/~ CA]T 193-2070 Z06428 07/01/93 000444 FIRSTAX (EDD) 000464 CAZT 300-2070 206428 07/01/93 000444 FIRSTAX (EDD) O00/d~ CAIT 320-2070 206428 07/01/93 000464 FIRSTAX (EDD) .' 00044/, CAIT 330-2070 206428 07/01/93 000444 FIRSTAX (EDD) O00Z,4Z, SOl 001-2070 206428 07/01/93 000464 FIRSTAX (EDD) 00044,E, SDI 100-2070 206428 07/01/93 000444 FIRSTAX (EDD) O00~dd, SDI 190-2070 206428 07/01/93 000444 FIRSTAX (EDD) 000Z~4 SDI 191-2070 206428 07/01/93 000444 FIRSTAX (EDD) 000~ SDI 193-2070 206428 07/01/93 000444 FIRSTAX (EDD) O00Zd~ SDI 300-2070 206428 07/01/93 000444 FIRSTAX (EDD) O00/d~ SDI 320-2070 206428 07/01/93 000444 FIRSTAX (EDD) O00~d,4 SDI :r50-2070 2,778.90 483.17 494.61 16.46 33.26 7.55 52.62 15.59 879.67 155.47 268.87 6.40 22.52 5.50 19.35 20.64 5,260.58 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ FICA/MED 001-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ FIr, A/NED 100-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ FICA/MED 190-2070 24Y'''~ 07/01/93 000283 FIRSTAX (IRS) 00028~ FICA/MED 191-2070 244 07/01/93 000283 FIRSTAX (IRS) 00028~ FICA/NED 193-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028:3 FICA/MED 300-2070 244491 07/01/93 00028~ FIRSTAX (IRS) 00028~ FICA/MED 320-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ FICA/MED 330-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ USIT 001-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ USIT 100-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ USIT 190-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ USIT 191-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ USIT 193-2070 244491 07/01/93 000283 FIRSTAX (IRS) 000283 USIT 300-2070 244491 07/01/93 000283 FIRSTAX (IRS) 00028~ USIT 320-2070 244491 07/01/93 000283 FIRSTAX (IRS) 000283 USIT 330-2070 2,469.29 445.81 683.68 14.27 50.2~ 12.28 43.18 46.02 10,964.90 2,146.32 2,451.43 67. il 188.71 34.22 237.55 80.61 19,935.61 11062 07/08/93 ROBINSON, BORIS REIMB/RORINSOR/HOTEL RO 001-170-999-5258 81.36 81.36 11063 07/08/93 NAVARRO, RUDY REIMB/NAVARRO/CERTIFICA 001:'170-999'5291 20.28 20.28 11064 07/08/93 SCHULTZ, RICHARD TCSD REFUND/SCHULTZ 190-180-4058 96.00 96,00 11065 07/08/93 CHAISSON, KELLI TCSD REFUND/CHAISSOR 190-180-4058 31.00 31.00 11066 07/08/93 WlNTERSBERGER, EUGENIE TCSD REFUND/MINTERSBERG 190-180'4058 35.00 35.00 11067 07/08/93 HALL, DONNA TCSD REFUND/HALL 190-180-4058 35.00 35,00 11068 07/08/93 t4OODRO~/, UILLIAH TCSD REFUND/gOOOROg 190-183-4956 16.00 11P''~ 07/08/93 000101. APPLE ONE LITTRELL, SANDEE t4E 06/001-140-999-5118 419.24 VOUCHRE2 07/08/93 12:19 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR ITEM ACCOUNT ITEM MANE DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 11069 11070 11070 11070 11070 11070 11070 11070 11070 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 000101 000116 000116 000116 000116 000116 000116 000116 000116 APPLE (]tIE AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN SANDEE LITTRELL WE 06/2 001-160-~-5118 VISION INS PREH VISION INS PREM VISION INS PREM VISION INS PREM VISION INS PREH VISION INS PREM VISION INS PREN VISION INS PREM fJULY 93 001-2310 fJULY 93 100-2310 fJULY 93 190-2310 fJULY 9~ 191-2~10 rJULY 9"5 193-Z510 rJULY 9~ 300-2310 rJULY 9"5 330-2310 tJULY 93 001-1180 409.49 635.18 100.43 97.15 7.09 8.66 3.96 15.75 24.95 828.73 693.15 11071 11071 11071 11071 07/08/93 0?/08/93 07/08/93 07/08/93 000135 000135 000135 000135 CENTRAL CITIES SIGN SER SIGNS CENTRAL CITIES SIGN SER TAN CENTRAL CITIES SIGN SER SIGNS CENTRAL CITIES SIGN SER TAX 100-164-999-524J, 100-16~-999-52~4 100-164-999-52~4 100-16~-999-5266 79.80 6.18 101.60 7.85 195.23 11072 11072 11072 11072 11072 1107'5 11073 11076 11076 11074 11075 11075 11075 11075 11075 11075 11075 11075 11075 11076 11076 11076 11077 11077 11077 11078 11078 11078 11078 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08193 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 000160 000140 000140 000160 000140 000151 000151 000156 000156 000156 000177 000177 000177 000177 000177 000177 000177 000177 000177 000180 000180 000180 00018~ 00018~ 000184 000194 000196 000194 000196 COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN CALIFORNIA SOCIETY OF C CALIFORNIA SOCIETY OF C DENTICARE OF CALIFORNIA DENTICARE OF CALIFORNIA DENT]CARE OF CALIFORNIA GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENN]ES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GRAY BAR ELECTRIC GRAY BAR ELECTRIC GRAY BAR ELECTRIC GTE GTE GTE ICNA RETIREMENT ICMA RETIREMENT ICMARETIREMENT ICI~ RETIREMENT INS PREM FOR JULY 9~ INS PREM FOR JULY 9"5 INS PREM FOR JULY 9"5 INS PREN FOR JULY 93 INS PREM FOR JULY 93 CONF. OCT 29 MJ ANNUAL DUES INS PREM FOR JULY 93 INS PREM FOR JULY 93 ADMINISTRATIVE FEES RIVERSIDE ATLAS DEBIT MEMO INV 150263 KEYBOARD gRITST REST CKUC ERASER REFILL PROFOLIO PAPER RUBBER STAMP CREDIT/RETURNED ITEMS RETURNED BINDERS BELL SOUTH SUPREMACY 43 FRE/GHT TAX 909-696-1989 NAY/JUNE 9 909-695-3539 NAY/JUNE 9 909-699-2309 NAY/JUNE 9 000196 DEF CUMP 00019~ DEF COIqP 00019/, DEF CONP 000196 DEF CUMP O01 - 2330 1 O0- 2330 190-2330 191-2330 193-2330 001-160-999-5258 001-160-999-5226 001-2360 100-2360 001-150-999-5250 001-160-999-5220 001-160-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 001-160-999-5220 001-150-999-5220 001-150-999-5220 001-160-999-5220 320-199-999-5242 320-199-999-5262 320-199-999-5262 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-2080 100-2080 190-2080 191-2080 130.73 9.73 138.25 11.68 14.02 199.00 150.00 61.85 13.95 15.00 11.27 2.15 30.12 4.17 3.76 38.77 57.05 21.36- 105.63- 533.3~ 3.39 41.33 1,898.23 22.76 26.27 4,356.83 616.19 582.19 31.19 304.25 70.80 20.30 578.06 1,945.26 VOUCHRE2 07/~-'~3 12:19 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER]ORS PAGE VOUCHER/ CHECK NUMBER 11078 11078 11078 11079 11080 11080 11080 11080 11080 11080 11080 11080 11080 CHECK DATE 07108193 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 VENDOR NUMBER 000194 000194 000194 000209 000245 000245 000245 000245 000245 000245 000245 000245 000245 VENDOR NAME ICMA RETIREMENT ICNA RETIREMENT ICNA RETIREMENT L & N FERTZLZZER PERS (HEALTH INSUR,PREM PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR,PREM PERS (HEALTH INSUR,PREM PERS (HEALTH ]NSUR,PREM PERS (HEALTH INSUR.PREN PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR,PREN PERS CHEALTH ZHSUR,PREM ITEM DESCRIPTION 000194 DEF COIqP 000194 DEF CONP 000194 DEF CONP MISC, SUPPLIES INS PREM FOR JULY 9"5 INS PREM FOR JULY 93 INS PREM FOR JULY 93 INS PREM FOR JULY 93 INS PREM FOR JULY 93 INS PREH FOR JULY 93 INS PREN FOR JULY 93 INS PREN FOR JULY 93 ADNINISTRATIVE FEES 11081 07/08/93 000266 PERS EMPLOYEES' RETIREM 000246 PER REDE 11081 07108/93 000246 PERS EMPLOYEES' RETIREM 000246 PER REDE 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 0002/,6 PERS RET 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS'RET 11081 07/08/93 000246 PERS EMPLOYEES' RET]REM 000246 PERS RET 11081 07/08/95 000246 PERS EMPLOYEES' RET]REH 000246 PERS RET 1."""" 07/08/93 000246 PERS EMPLOYEES~ RETIREN 000266 PERS RET 1. 07/08/93 000246 PERS EMPLOYEES' RETZREN 000246 PERS RET 11081 07/08/93 000246 PERS EMPLOYEES' RETIREN 000246 PERS RET 11081 07/08/93 000246 PERS EMPLOYEES# RETIREN 000246 PERS RET 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 11081 07/08/93 000246 PERS EMPLOYEESt RETIREM 000246 SURVIVOR 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 11081 07/08/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 000248 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 11082 11083 11083 11083 11083 11083 11083 11083 PETROLAHE PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH POSTMASTER POSTMASTER POSTMASTER POSTMASTER POSTMASTER 11084 11084 11084 11084 11084 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 000249 000249 000249 000249 000249 000249 000249 000253 000253 000253 000253 000253 FUEL/JUNE 18 TCSD TCSD PETTY CASH TCSD PETTY CASH TCSD PETTY CASH TCSD PETTY CASH TCSD PETTY CASH TCSD PETTY CASH TCSD PETTY CASH EXPRESS MAIL/JUNE EXPRESS MAIL/JUNE EXPRESS MAIL/JUNE EXPRESS MAIL/JUNE EXPRESS MAIL/JUNE ACCOUNT NUMBER 193-2080 320-2080 330-2080 100-164-999-5242 001-2090 100-2090 190-2090 191-2090 192 - 2090 193-2090 300-2090 330-2090 001-150-999-5250 001-2130 100-2130 001-2390 100-2390 190-2390 191-2390 193-2390 300-2390 320-2390 330-2390 001-2390 100-2390 190-2390 191-2390 193-2390 300-2390 320-2390 330-2390 190-180-999-5263 190-180-999-5220 190-183-810-5300 190-18~-809-5300 190-18)-965-5300 190-181-999-5300 190-180-999-5222 190-183-819-5300 001-120-999-5230 001-150-999-5230 001-110-999-5230 001-163-999-5230 001-161-999-5230 ITEM AMOUNT 38.12 281.01 50.00 82.45 14,271.71 3,367.03 3,37'5.48 135.11 300.24 105.36 583.05 111.69 46.61 168.09 11,509.35 2,006.10 2,147.74 71.06 247.85 60.29 219.15 218.07 57.07 9.29 12.09 1.44 1.86 31.62 24.79 38.00 49.75 44.99 13.36 34.48 16.TZ 27.90 19.90 9.~ 9.95 13.~ CHECK ANOINT 5,953.53 82.45 22,705.11 16,T/7.64 31.62 81.65 VOUCHRE2 07/08/93 12:19 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERZODS PAGE VOUCHER/ CHECK NUNBER 11085 11085 11086 11086 11086 11086 11086 11086 11087 11088 11089 11089 11089 11089 11090 11091 11091 11091 11092 11092 11093 11093 11093 11094 11095 11096 11097 11098 11098 11098 11098 11099 11099 11099 11099 11099 11099 CHECK DATE 07108193 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08193 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07108193 07/08/9] 07/08/9] 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 VENDOR NUMBER 000269 000269 000285 000285 000285 000285 000285 000285 000307 000320 000325 000325 000325 000325 000340 000374 000374 000374 000388 000388 000389 000389 000389 000394 000399 000406 000426 000430 000~30 000430 000430 000431 000431 00O431 000431 000431 00O431 VENDOR NAHE RIVERSIDE OFFICE SUPPLY RIVERS]DE OFFICE SUPPLY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY TEMECULA TROPHY TOMI CENTER STATIONERS UNITED gAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN WHITE CAP SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON ICBO ICBO USCN USCM USCM MAINTENANCE SUPERINTEND MUNICIPAL MGMT ASSIST.S RIVERSIDE COUNTY SHERIF RANCHO INDUSTRIAL SUPPL GROUP AMERICA - VOLUNTA GROUP AMERICA - VOLUNTA GROUP AMERICA - VOLUNTA GROUP AMERICA - VOLUNTA NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NAT]ORAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, ITEM DESCRKPTION 4191; 12 7/8 X 10 1/4 X TAX 3,000 BUSINESS LICENSE TAX PHOTO READY CITY SEALS TAX 500; BUSINESS LICENSE TAX AWARD TROPHIES NISC OFFICE SUPPLIES 000325 IN 000325 IN 000325 IN 000325 IN SEE ATTACHED LIST FOR T 5/20-6/22 05/20/93-06/22/93 5/20-6/22 SEMINARS/CV,PS CLASS A MEMBERSHIP RENE 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR ANNUAL DUES/SERLET & BU ~ORKSHOP/GRANT YATES/8/ CDBG APRIL/MAY 93 BIKE TOWELS TOILET TISSUE & INSURANCE PREM FOR JULY INSURANCE PREM FOR JULY INSURANCE PREM FOR JULY INSURANCE PREN FOR JULY DENTAL INS PREM/JULY 9 DENTAL INS PREM/JULY 9 DENTAL INS PREM/JULY 9 DENTAL INS PREN/JULY 9 DENTAL INS PREM/JULY 9 DENTAL INS PREN/JULY 9 ACCOUNT NUMBER 001-140-999-5220 001-140-999-5220 001-140-999-5222 001-140-999-5222. 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 190-182-999-5300 001-163-999-5220 001-2120 100-2120 190-2120 300-2120 100-164-999-5218 001-199-999-5240 001-199-999-5240 001-199-999-5240 001-162-999-5258 001-162-999-5226 001-2160 100-2160 190-2160 001-163-999-5226 001-140-999-5261 140-199-999-5281 001-199-999-5212 001-2510 100-2510 190-2510 300-2510 001-2340 100 - 2340 190-2340 191-2340 192-2340 193-2340 ITEM AMOUNT 319.60 24.77 800.00 62.00 30.00 2.33 95.00 7.36 40.43 76.62 77.53 8.97 17.50 .50 32.10 607.69 1,026.87 1,021.19 570.00 175.00 41.90 87.00 595.16 40.00 95.00 356.10 134.34 220.30 22.80 84.90 1.80 588.47 116.34 110.25 7.09 15.75 8.66 CHECK AMOUNT 3~ .37 996.69 40.43 76.62 104.50 32.10 2,6. 745.00 7'24.06 40.00 95.00 356.10 134.34 329.80 VOUCHRE2 CiTY OF TEMECULA 07/qJi. u~ 12:19 VOUCHER/CHECK REGISTER FOR ALL PERlOBS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NU!IER ITEM AMOUNT CHECK AMOUNT 11099 07108/93 000431 NATIONAL DENTAL HEALTH, DENTAL INS PREM/JULY 9 300-2340 11099 07108193 000431 NATIONAL DENTAL HEALTH, DENTAL INS PREM/JULY 9 330-23/,0 11099 07/08193 000431 NATIONAL DENTAL HEALTH, DENTAL INS PREM/JULY 9 001-1180 11099 07108/93 000431 NATIONAL DENTAL HEALTH, ADMININSTRATIVE FEES 001-150-~99-5250 3.~ 31.50 47.25 15.00 944.25 11100 07/08/93 000466 WHITEHEAD, RHONDA 80X CONTRACT CLASS 190-183-811-5300 144.00 1~,.00 11101 07/08/93 00047'3 CALIFORNIA REDEVELOPMEN ANNUAL MEMBERSHIP DUES 280-199-999-5264 968.80 968.80 11102 07/08/93 000486 CA. MUNI.BUSINESS TAX A ANNUAL MEMBERSHIP DUES 001-140-999-5226 40.00 40.00 11103 07/08/93 000489 COBB GROUP INSIDE OUATRO 320-199-999-5228 49.00 49.00 11104 07/08/93 000521 STEWART, BRUCE M. MARCH SERVICES 001-162-999-5250 360.00 360.00 11105 07/08/93 000545 PAC TEL CELLULAR - S.D. CELLULAR PHONE SD-10752 001-140-999-5208 56.14 56.14 11106 07/08/93 000585 TILLINGHAST PUBLICATION GOVERNMENTAL RISK MONT 001-140-999-5226 90.00 90.00 11107 07/08/93 000642 CITY OF TENECULA - FLEX REINB FLEX ACCT. 001-1020 11107 07/08/93 000642 CITY OF TENECULA - FLEX REINB FLEX ACCT. 190-1020 11107 07/08/93 000642 CITY OF TEMECULA - FLEX REINB FLEX ACCT. 193-1020 17""" 07/08/93 000642 CITY OF TEMECULA - FLEX REINB FLEX ACCT. 300-1020 1', 07/08/93 000642 CITY OF TEMECULA - FLEX REIMB FLEX ACCT. 330-1020 3,357.54 412.73 172,83 1.10 100.00 4,044.20 11108 07/08/93 000644 ASCE ANNUAL MEMBERSHIP DUES 001-163-999-5226 35.00 35 .GO 11109 07/08/93 000648 BANANA BLUEPRINT BLUEPRINT SERVICES 250-190-129-5802 11109 07/08/93 000648 BANANA BLUEPRINT BLUEPRINT SERVICES 250-190-129-5802 11109 07/08/93 000648 BANANA BLUEPRINT BLUEPRINT SERVICES 250-190-129-5802 11109 07/08/93 000648 BANANA BLUEPRINT FINANCE CHARGES 250-190-129-5802 215.67 16.43 16.43 4.58 253.11 11110 07/08/93 000668 TINNY D. PROOUCTIONS CANOPY FOR 4TH OF JULY 190-183-g99-5370 125.00 125.00 11111 07/08/93 000674 CALIF.CONTRACT CITIES A ANNUAL MEMBERSHIP DUES 001-100-999-5226 11112 07/08/93 000704 SKS, INC./INLAND OIL FUEL 001-162-999-5263 11112 07/08/93 000704 SKS, INC./INLAND OIL FUEL 001-163-999-5263 11112 07/08/93 000704 SKS, INC,/INLAND OIL FUEL 190-180-999-5263 11112 07/08/93 000704 SKS, INC,/INLAND OIL FUEL 001-110-999-5262 400.00 43.78 364.41 10~.50 21 .~6 400.00 534.15 11113 07/08/93 000765 GROUP AMERICA LIFElAD/J) 001-2360 558.12 11113 07/08/93 000765 GROUP AIqERICA LIFE/AD&D 100-2360 95.00 11113 07/08/93 000765 GROUP AMERICA LIFE/AD&D 190-2360 123.50 11113 07/08/93 000765 GROUP AMERICA LIFE/AO&O 191-2360 4.28 11113 07/08/93 000765 GROUP AMERICA LIFE/AO&D 193-2360 14.72 11113 07/08/93 000765 GROUP AMERICA LIFE/AD&D 300-2360 2,38 11113 07/08/93 000765 GROUP AMERICA LIFE/ADgO 320-2360 9.50 11113 07/08/93 000765 GROUP AMERICA LIFE/AD&D 330-2360 19.00 11113 07/08/93 000765 GROUP AMERICA LTD 001-2380 834.42 11:~g'- 07/08/93 000765 GROUP AMERICA LTD 100-2380 163.00 VOUCHRE2 07108193 VOUCHER/ CHECK NUMBER 11113 11113 11113 11113 11113 11113 11113 11113 11113 11113 11113 11113 11113 11113 11114 11115 11116 11119 11120 11121 ~1121 11122 11122 11122 11123 11124 11125 11126 12:19 CHECK DATE o7/08/93 07/08/93 o7/o8/93 07108193 07/08/93 07/08/93 07108/93 07108193 07/08/93 07/08/93 07/08/93 07/08/93 07108193 O7/O8/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08/93 07/08193 07/08/93 07/08193 07/08/93 07/08/93 07/08/93 07/08/93 VENDOR NUMBER 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000870 00087'5 000907 000917 000917 000949 000993 001028 001029 001029 001030 001030 001030 001051 001053 001054 001055 VENDOR NAME GROUP AMER I CA GROUP AMERICA GROUP ANER I CA GROUP A~ERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA '. GROUP AMERICA GROUP AMERICA ' GROUP AMERICA GROUP AMERICA BERGNAN, JANELLE ROBERTS, RONALD H. TEMECULA CAR gASH STATE FARM INSURANCE CO STATE FARM INSURANCE CO GKN RENTALS FREEDOM COFFEE, INC. MEYER, CHUCK DATA QUICK DATA QUICK MINI-GRAPHIC SYSTEMS, MINI-GRAPHIC SYSTEMS, MINI-GRAPHIC SYSTEMS, I JOHNSON. SHARON SAN DIEGO ICE ARENA CALBO BEDC CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION LTD LTD LTD LTD LTD LTD STD STD STD STD STD STD STD STD 80~ CONTRACT CLASS REIMB CONF. OIL CHANGES AND CAR WAS "SMOKE DETECTIVES" VIDE TAX CASE SKIPLOADER/IO DAYS CITY HALL COFFEE SUPPLI CABLE INSTALLAT]OR WESTERN RIVERSIDE COUNT TAX FUJI FILM 16MN X 100 FT HAILERS TAX MILEAGE REIMB FOR JUNE DAY CAME FIELD TRIP DISABLED ACCESS REG NAN BASIC ECON DEVEL COURSE ACCOUNT NUMBER 190-2380 191-2380 193-2380 300-2380 320'2380 330-2380 001-2500 100-2500 190-2500 191-2500 1~-2500 300-2500 320-2500 330-250O 190-183-801-5300 001-100-999-5258 310-164-999-5214 001-171-999-5296 001-171-999-5296 100-164-999-5238 001-199-999-5250 210-199-801-5804 320-199-999-5221 320-199-999-5221 001-120-999-5250 001-120-999-5250 001-120-999-5250 190-180-999-5262 190-183-999-5340 001-162-999-5228 001-110-999-5258 ITEM ;T 160.81 5.36 19.07 4.72 15.05 15.07 187.27 36.89 36.66 1.22 1.08 3.63 3.43 165.60 15.00 4.00 19.49 .01 618.00 96.86 300.00 ~5.50 34.52 217.50 10.00 17.64 90.97 300.00 15.95 425.00 PAGE 7 CHECK AMOUNT 2,318.32 145.60 15.00 6.00 618.00 96.86 300.00 480.02 245.14 90.97 300.00 15.95 425.00 TOTAL CHECKS 96,231.47 VOUCHRE2 o7/1,r--~ 15:43 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND T I T L E 001 GENERAL FUND 100 GAS TAX FUND 140 COHNUNITY DEV BLOCK GRANT 190 COHHUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 250 CAPITAL PROJECTS - TCSD 280 REDEVELOPMENT AGENCY - CIP SO0 INSURANCE FUND 310 VEHICLES FUND S20 INFORMAT|ON SYSTEMS 3~0 COPY CENTER FUND TOTAL ANOUNT 62,836.23 7,56Z,.39 879.24 18,351.29 5,415.91 2,775.83 74.45 120.57 548.14 954.43 430.~4 100,319.95 VOUCHRE2 07/15/93 15:43 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 11127 11127 245919 245919 245919 245919 245919 245919 245919 245919 245919 245919 245919 245919 245919 245919 245919 245919 266918 266918 266918 266918 266918 266918 266918 266918 266918 266918 266918 266918 266918 266918 266918 266918 11133 11133 11133 11134 11135 11136 11137 11138 CHECK DATE 07/14/93 07/14/93 07/t5/93 07/15 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15193 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15193 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 VENDO~ NUMBER 00106~ 00106~ 00028~ 00028~ 00028~ 000283 000283 000283 00028~ 00028~ 000283 000283 000283 00028~ 000283 000283 000283 000283 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 0004~+4 000444 000444 000444 000444 VENDOR NAME CITY OF CANYON LAKE CITY OF CANYON LAKE FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IR$) FIRSTAX (IRS) FIRSTAX (IR$) FIRSTAX (IRS) FIRSTAX ([RS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX CEDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX .(EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) JOHNSON, LORETTA M. JOHNSON, LORETTA M. JOHNSON, LORETTA M. LOWE, LISA BRO~NELL, LAURA WILSON, SUSAN HORTON, VIRGINIA CABRAL, PAULA [TEN DESCRIPTION NAYORS & COUNCILMEMBERS NAYORS & COUNCILMEMBERS 000283 F]CA/MED 000283 FXCA/MED 000283 FICA/MED 000283 F[CA/MED 000283 FICA/MED 000283 FICA/MED 000283 FICA/MED 00028~ FICA/MED 000283 USIT 00028:3 USIT 000283 US]T 000283 USZT 000283 USIT 00028~ USlT 000283 USIT 000283 USlT 000444 CAIT 000444 GAIT 000444 CAIT 000444 CAIT 000444 CAIT 000444 CAIT 000444 CAXT 000444 CA]T 000444 SDI 000444 SOl 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SOl BUILDING PERMIT REFUND/ BUILDING PERMIT REFUND/ BUILDING PERMIT REFUNO/ BCNLING REFUND/LOME BINLING REFUND/BRINNELL BINLING REFUND/WILSON BINLING REFUND/HORTON BINLING REFUND/CABRAL ACCOUNT NUMBER 001-100-999-5258 001-110-999-5258 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2290 001-162-4200 001-162-4285 190-18~-4844 190-183-4844 190-183-484~ 190 - 183 - 48Z~ 190-183-48~ ITEM AMOUNT 50.00 25.00 2,206.45 518.95 827.55 16.18 52.54 12.28 43.18 47.01 9,4~.41 2,401.23 3,159.33 85,45 211.12 3~.22 237.55 101.98 2,:$60.66 576.60 621.89 21.70 39.67 7.55 52.62 15.59 763.57 213.78 332.07 7.25 23.56 5.50 19.35 20.75 .40 32.40 43.20 65.00 65.00 65.00 65.00 65.00 CHECK AMOUNT 75.00 19,418.43 5,082.11 76.00 65.00 65.00 65.00 65.00 65.00 VOIJCHRE2 0 ?/1~ 15:43 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 11139 11140 11141 11141 11141 11141 11141 11142 11142 11142 11143 11144 11144 11144 11144 11144 11144 11/" 11 11145 11145 11145 11145 11145 11146 11146 11146 11146 11146 11146 11146 11147 11148 11149 11150 11151 11151 11151 11~""' CHECK VENDOR VENDOR ITEM ACCOUNT DATE NUMBER NAME DESCRIPTZOR NUMBER 07/15/93 07/15/93 07/15/93 07/15/93 07/15193 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15193 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 000114 000127 000137 000137 000137 000137 000137 000155 000155 000155 000165 000177 000177 000177 000177 000177 000177 000177 000177 000186 000186 000186 000186 000186 000194 000194 000194 000194 000194 000194 000194 000201 000209 000214 000243 000246 000246 000246 000246 AT & T CALIFORNIAN - LEGAL CHEWOR U.S.A. INC. CHEVRON U,S,A. INC, CHEVRON U,S.A, INC. CHEVRON U,S,A. ]NC, CHEVRON U.S,A, INC, DAVLIN DAVLIN DAVLIN FEDERAL EXPRESS GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT HANKS HARDWARE HANKS HARDWARE HANKS HARDI4ARE HANKS HARDWARE HANKS HARDWARE 7320696034001 JUNE 93 320-1~9-999-5208 PLANNING NOTICES 001-161-999-5256 FUEL 001-170-999-5262 FUEL 001-162-999-5263 REPAIR/NAINT 310-164-999-5214 REPAIR/NAINT 310-180-999-5214 FUEL 001-110-999-5262 AOD%O/ViDEO CiTY COUNCI AUDIO/VIDEO OF 6/22 CIT AUDIO/VIDEO CITY COUNCi 001-100-999-5250 001-100-999-5250 001-100-999-5250 2 PACKAGES FOR C1q OFFIC 001-110-999-5230 NISC OFFICE SUPPLIES CREDIT MEMO FOLDERS/LTR & HANGING GLUE STICK/NAIL LABELS LABLES P/S COPIER MISC. OFFICE SUPPLIES; DEBIT MEMO DEBIT MEMO MAY HARDWARE ST NAINT FOR INVOICE 226961 MISC HARDWARD FOR JUNE/ NISC HARDWARE STREET HA MISC HARDWARE JUNE CITY 001-110-999-5220 001-161-999-5220 001-110-999-5220 001-110-999-5220 001-161-999-5220 001-140-999-5220 001-161-999-5220 001-150-999-5220 100-164-999-5218 190-18~-905-5300 190-180-999-5212 100-164-999-5218 001-199-999-5242 ICMA RETIREMENT 000194 DEF CONP 001-2080 ICNA RETIREMENT 000194 DEF CONP 100-2080 ICMA RETIREMENT 000194 DEF CONP 190-2080 ICMA RETIREMENT 000194 DEF CONP 191-2080 ICNA RETIREMENT 000194 DEF CONP 193-2080 ICMA RETIREMENT 000194 DEF CONP 320-2080 ICNA RETIREMENT 000194 DEF CONP 330-2080 JENNACO L & M FERTILIZER LUNCH & STUFF CATERING PAYLESS DRUG STORE TEEN CENTER CLEANING 190-182-999-5212 POLYNATIC MANUEL HEAD 190-180-999-5242 CATERING 001-100-999-5260 PHOTO & SLIDE PROCESSIN 190-180-999-5250 PERS EMPLOYEES' RETIREM 000246 PER REDE 001-2130 PERS EMPLOYEES' RETIREM 000246 PER REDE 100-2130 PERS EMPLOYEES' RETIREM 000246 PERS RET 001-Z390 PERS EMPLOYEES' RETIREM 000246 PERS RET 100-2390 ITEM AMOUNT 39.22 25.56 45.97 38.46 378.62 169.52 73.54 512,73 701,67 700,00 27.00 91.16 .53- 21.50 16.11 35.46 20.83 1,30 2.83 344.27 35.25 92.27 93.13 85.36 4,034.45 555.04 567.82 31.19 38.12 281.01 40.~0 400.00 69.38 100.00 13.62 107.34 107.36 10,414.69 2,257.18 CHECK AMOUNT 39.22 25.56 706.11 1,914.40 27.00 650.28 5,548.53 400.00 69.38 100.00 13.62 VOUCHRE2 07/15/93 15:43 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUHBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ]TEN AMOUNT CHECK AMOUNT 11151 11151 11151 11151 11151 11151 11151 11151 11151 11151 11151 11151 11151 11151 11152 11152 11152 11153 11154 11156 1115~ 11156 11155 11155 11155 11156 11156 11156 11157 11157 11158 11158 11158 11158 11158 11159 11159 1115c 11160 11160 11160 07/15193 07/15/93 07115193 07/15/93 07/15/93 07/15/93 07115193 07115193 07/15/93 07115193 07/15/93 07/15193 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07115193 07115193 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07115193 07/15193 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 07/15/93 000246 000266 000246 000266 000266 000266 000266 000266 000246 000266 000266 000266 000246 000266 000254 000254 000254 000255 000262 000262 000262 000262 000266 000266 000266 000302 000302 000302 000307 000307 000320 000320 000320 000320 000320 000325 000325 000325 000326 000326 000326 PERS EMPLOYEES' RETIREM PERS EMPLOYEES# RETIREM PERS EMPLOYEES' RET[REM PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RET]REM PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RET[REN PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RET]REM PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RET[REN PRESS ENTERPRISE PRESS ENTERPRISE PRESS ENTERPRISE PRO LOCK & KEY RANCHO HATER RANCHO WATER RANCHO HATER RANCHO WATER RIGHTWAY RIGHTWAY RIGHTWAY SYSTEM SOURCE SYSTEM SOURCE SYSTEM SOURCE TEMECULA TROPHY TEMECULA TROPHY TOt. IN CENTER STATIONERS TOgN CENTER STATIONERS TOMN CENTER STATIONERS TOt4N CENTER STATIONERS TOWN CENTER STATIONERS UNITED WAY OF THE ]NLAN UNITED MAY OF THE ZNLAN UNITED WAY OF THE INLAN UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNIT(N3 RENTAL SERVICE 0002/,6 PER$ RET 000246 PERS RET 0002~6 PERS RET 000266 PERS RET 0002/,6 PERS RET 0002/,6 PERS RET 000266 SURVIVOR 000266 SURVIVOR 000266 SURVIVOR 000246 SURVIVOR 0002~6 SURVIVOR 000266 SURVIVOR 000246 SURVIVOR 0002~6 SURVIVOR JOB ANNOUNCEMENT FOR OF AD FOR RECREATION ASSIS JOB ANNOUNCEMENT FOR SE DUPLICATE KEYS FOR POOL JUNE HATER JUNE WATER JUNE MATER JUNE MATER VETERAN'S PARK PORTIBLE JULY RENT PORT TOILET/C CREDIT 313605; 36" LOAD BAR; P SHIPPING UPS TAX OPEN PURCHASE ORDER FOR TROPHYS FOR TEEN CENTER MISC OFFICE SUPPLIES CREDIT/RETURNED MERCHAN MISC OFFICE SUPPLIES OPEN P,O, FOR LAND DEV, CREDIT/ACO COVER RETURN 000325 LN 000325 LN 000325 UU UNIFORMS FOR KIRK & OUR UN[FORMS FOR KIRK & OUR UNIFORMS REED & STERL]N 190-2390 191-2390 193-2390 300-2390 320-2390 330-2390 001-2390 100-2390 190-2390 191-2390 300-2390 320-2390 330-2390 001-150-999-5254 190-180-999-5256 001-150-999-5256 190-180-999-5212 250-190-129-580~ 190-180-999-5260 191-180-999-5240 193-180-999-5260 190-180-999-5238 100-16~-999-5238 190-180-999-5238 001-140-999-5242 001-160-999-5262 001-140-999-5262 190-183-965-5300 190-182-999-5300 001-163-999-5242 001-163-999-5262 001-163-999-5242 001-163-999-5242 001-163-999-5262 001-2120 190-2120 300-2120 100-164-999-5263 100-16~-999-5263 190-180-999-5263 2,166.27 71.07 267.84 60.29 219.15 202.97 69.33 9.59 12.58 .41 1.45 .23 .93 1.74 132.56 105.65 142.03 6.67 74.65 2,732.51 148.64 1,381.53 72.39 57.39 43.04- 52.00 6.00 4.50 743.40 21.86 77.08 61.15- 93.91 23,31 6.85- 86.50 17.50 .50 12.50 12.50 13.60 15,930.42 380.24 6.47 ! 6,337.13 62.50 765.26 126.30 104.50 VOUCHRE2 CITY OF TEMECULA 07/1.r"'~ 15:43 VOUCHER/CHECK REG%STER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR [TEN ACCOUNT NUNBER DATE NUNBER NAME DESCRIPTION NUNBER ITEM ANOUNT CHECK AMOUNT 11161 07115193 0003~8 ZIGLER, GAlL FOOD FOR LONA LINDA PAR 190-180-999-5260 11162 07/15/93 000374 SOUTHERN CALIF EDISON 04127-06107193 191-180-999-5500 11163 07/15/93 000375 SOUTHERN CAL]F TELEPHOR CELLULAR TELEPHONE BATT 320-199-999:5215. 11163 07/15/93 000375 SOUTHERN CALIF TELEPHON TAX 320-199-999-5215 11163 07/15/93 000375 SOUTHERN CALIF TELEPHON 909-202-4767 NAY GT 001-161-999-5208 85.00 28~.30 57.00 4.42 72.03 85.00 284.30 133.45 11164 07/15/93 000377 STATE DEPT. OF TRANSPOR NAY 1~3 / NARGARITA NE 191-180-999-5500 178.85 178.85 11165 07/15/93 000382 RAGING WATERS 15 ADNISSZONS FOR TRIP 190-183-954-5300 224.25 224.25 11166 07/15/93 000385 SHELDON EXTINGUISHER CO EXTINGUISHERS & SERVICE 001-199-999-5250 506.74 11167 07/15/93 000389 USCt4 000389 PT RETIR 001-2160 11167 07/15/93 000389 USCN 000389 PT RETIR 100-2160 11167 07/15/93 000389 US134 000389 PT RETIR 190-2160 39.80 81.00 854.80 975.60 11168 07/15/93 00039~ CALIFORNIA ASSOC. OF PA ANNUAL 93-94 DUES 190-180-999-5226 210.00 210,00 11169 07/15/93 000423 H & H CRAFT & FLORAL SU RECREATION SUPPLIES 190-180-999-5300 11169 07/15/93 000423 H & H CRAFT & FLORAL SU PAINT & POSTER BOARD 190-180-999-5300 07/15/93 000426 RANCHO INDUSTRIAL SUPPL TOILET TISSUE 190-180-999-5212 30.35 13.29 39.22 43.64 39.22 11171 07/15/93 000473 CALIFORNIA REDEVELOPlIEN FINANCIAL REPORT SEMINA 001-140-999-5261 135.00 135.00 11172 07/15/93 000478 FAST SIGNS 11172 07/15/93 000478 FAST SIGNS NO PARKING - FIRE LANE 190-180-999-5244 TAX 190-180-999-5244 100.00 7.75 107,75 11173 07/15/93 000518 DEL RIO CARE ANIMAL HOS VET SERVICES AS NEEDED 001-170-999-5285 191.70 191 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 5/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDZ 06/01-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDZ 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDZ 05/31-06/30 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11~74 07/15/93 000537 SOUTHERN CALIFORNIA EDZ 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11174 07/15/93 000537 SOUTHERN CALIFORNIA EDI 05/31-06/30/93 191-180-999-5500 11~~- 07/15/93 000537 SOUTHERN CALIFORNIA ED] 05/31-06/30/93 191-180-999-5500 28.64 32.05 16.42 16.42 8.76 28.35 28.46 30.40 31.65 30.8~ 31.65 31.58 37.48 28.46 26,75 109,87 24,51 21,15 30.53 VOUCHRE2 07/15/93 15:43 VOUCHER/ CHECK CHECK NUMBER DATE 11174 07115193 11174 07/15/93 11174 07/15/93 11174 07/15/93 11175 07/15/93 11176 07/15/93 11177 07/15/93 11178 07/15/93 11178 07/15/93 11178 07/15/93 11179 07/15/93 11179 07/15/93 11179 07115193 11179 07/15/93 11180 07/15/93 11180 07/15193 11180.07/15/93 11181 07/15/93 11182 07/15/93 1118~ 07/15/93 11184 07/15/93 11185 07/15/93 11186 07/15/93 11187 07/15/93 11188 07/15/93 11188 07115193 11188 07/15/93 11189 07115193 11190 07/15/93 11191 07/15/93 11192 07/15/93 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS VENDOR VENDOR NUMBER NANE 000537 SOUTHERN CALIFORNIA ED! 000537 SOUTHERN CALIFORNIA 000537 SOUTHERN CALIFORNIA EDI 000537 SOUTHERN CALIFORNIA EDI 000602 DEAN~S PHOTO 000643 FORTNER HARDWARE 000653 LUCKY STORE 000688 LO-FAT CYCLES 000688 LO-FAT CYCLES 000688 LO-FAT CYCLES 000704 SIS, INC./INLAND OIL 000704 SIS, INC./INLAND OIL 000704 SIS, ]NC./INLAND OIL 000704 SIS, ]NC./INLAND OIL 000724 A & R CUSTON SCREEN 000724 A & R CUSTON SCREEN 000724 A & R CUSTUM SCREEN PRI 000883 NONTELEONE EXCAVATING 000910 000916 000944 HcCAIN TRAFFIC SUPPLY 000946 DIdCOUNT FEED & TACK 000968 CREATIVE PRONOTION 001037 FALLBROOK LANDSCAPE & 0010~7 BOAT TECH 0010/,7 BOAT TECH 0010/,7 BOAT TECH 001059 WEST, NARJORIE 001060 001062 001064 ITEH DESCRIPTION ACCOUNT NUMBER 06/01-06/30/93 05/31-06/30/93 05/31-06/30/93 05/31-06/30/93 191-180-~-5500 191-180-~-5500 191-180-~-5500 191-180-~-5500 DEVELOPHENT OF FILH 001-162-~9~-5250 HISC HARDWAP, I) TCSD 190-180-~-5212 SNACKS FOR SUNHER DAY C 1~0-183-~-5340 PARTS & INSTALLATION OF VEHICLE RACKS FOR P.D. TAX 140-199-~-5281 140-199-~-5281 140-199-~-5281 FUEL 001-110-~-5263 FUEL 1~0-180-~-5263 FUEL 001-162-~-5263 FUEL 100-164-~-5263 XXL; T'SH]RTS; WHITE T'SHIRTS; 12'L, 84'XL TAX MEADC/,~/IEW REPAIRS 190-183-932-5300 190-183-932-5300 190-183-932-5300 001-166-999-5401 NARY HITCHELL TRUST, TH AUGUST RENT OF TEEN CEN 190-182-~-5214 BANK OF ANERICA - CC 4798020000014270/TS COR 001-166-~-5450 CON: DC ISOLATOR 100-164-~-5405 POLICE CANINE#S DOG FOO 001-170-~-5327 PRODUCTXON GUIDE BINDER 280-199-~-5264 CLEAN UP 193-180-~-5510 PARTS; REPAIR TO 001j170-~-5214 LABOR 001-170-~-5214 TAX 001-170-~-5214 NILEAGE REIHB 5/5-6/23/001-120-~-5262 HYATT AT LOS ANGELES A] ROON FOR YATES/RECYCLE 001-140-~-5258 STATE OF CALIFORNIA - DORESTIC NORPROFIT OORP 001-140-~-5250 KEYE PRODUCTIVITY CENTE BETTER RECEPTIONIST SEN 001-162-~-5258 TOTAL CHECKS I TEN ANOUNT 3,901.10 Z3.39 30.29 20.14 40.94 153.83 200. O0 524.00 292. O0 63.24 16.15 53.33 42.69 269.99 84.00 576.00 51.15 28,299.00 3,374.95 63.98 53.88 142.79 368,53 780. O0 252.60 140.00 19.58 65.86 5.00 125.00 PAGE 6 CHECK AMOUNT 4,568.87 40.94 153.83 200.00 879.24 382.16 7 28,299.00 3,374.95 63.98 53.88 368.53 780.00 412.18 65.8& 77.63 5.00 125.00 100,31 ,. VOUCHRE2 07/~"'-"~ 16:54 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER[OOS PAGE 4 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 140 CONNUNITY DEV BLOCK GRANT 190 CONNUNZTY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 250 CAPITAL PROJECTS - TCSD Z80 REDEVELOPIqENT AGENCY - CIP 320 INFORMATION SYSTENS 330 COPY CENTER FUND TOTAL AleXINT 49,604.&9 15,162.17 1,068.30 5,223.00 225.00 508,684.00 3,87~.54 3,850.82 9,300.78 596,991.30 VOUCHRE2 07/15/93 16:54 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR ITEM DATE NUMBER NAME DESCR]PTIOR ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 11196 11196 11196 11197 11198 11199 11199 11199 11200 11200 11201 11201 11201 11201 11201 11201 11202 11202 11203 11204 11204 11205 11205 11206 11207 11208 11209 11210 11211 11212 11212 11212 11213 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07127193 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 00012] 000123 000123 BURKE MILLIANS & SORENS RETAINER SERVICES FAY 9 BURKE MILLIAMS & SORENS LEGAL FEES BURKE WILLIAMS & SORENS PROF SERVICES THRU MAY 000126 CAL/FORNIA LANDSCAPE 000164 ESGIL CORPORATION 000178 GOLDEN STATE TRADING CO 000178 GOLDEN STATE TRADING CO 000178 GOLDEN STATE TRADING CO 000217 NARGARITA OFFICIALS ASS 000217 FARGARITA OFF%C]ALS ASS PROVIDE LABOR AND MATER PLAN CHECK SERVICES FOR MICROSOFT SERIAL MOUSE FRE I GHT TAX ADULT SOFTBALL GANES,OF ADULT SOFTBALL GAMES OF 000220 NAURICE PRINTERS QUICK PRINT OF NEIGHBORHOG0 000220 NAURICE PRINTERS QUICK OPERATING BUDGET 000220 MAUR]CE PRINTERS QUICK CIP O00220 NAURICE PRINTERS QUICK COMB BINDERS 000220 NAURICE PRINTERS QUICK TAX 000220 MAURICE PRINTERS QUICK DIVIDERS FOR OPERATING 000239 OLSTEN TEMPORARY SERVIC 000239 OLSTEN TEMPORARY SERVIC 000240 ORANGE COUNTY STRIPING 000247 PESTMASTER SERVICE 000247 PESTMASTER SERVICE 000251 PLANNING CENTER, THE 000251 PLANNING CENTER, THE 000354 RIVERSIDE COUNTY HEALTH 000406 RIVERSIDE COUNTY SHERIF 000520 HDL COREN & CORE, INC. 000674 CALIF,CONTRACT CITIES A 000711 GRAPHICS UNLIMITED 000712 FORD, STEVEN J. 000754 ELLIOTT GROUP, THE 000754 ELLIOTT GROUP, THE 000754 ELLIOTT GROUP, THE 000820 WINCHAK, KRIS M. CHAVEZ/WE 6/13 & 6/2 M CHAVEZ WE 06/27 PALA ROAD STRIPING SERV SPRAY POSTEMERGENCE gEE ADDITIONAL R.O.W. WEED PREPARATION OF THE CITY MAY SERVICES/CODE AUGHE ANIMAL CONTROL FOR MAY CDBG OLD TOWN BIKE PATR 3RD QTR PROPERTY TAX BI CCCA TAX REFORM ASSESSM BINDERS/TEN VAL FILM CO JUNE SERVICES/CRC PALONA DEL SOL PARK TR 23267-4 & 26861 CONCEPTUAL LANDSCAPE RE JUNE LANDSCP MA/NT EASE 001-130-999-5246 001-130-999-5246 001-130-999-5246 190-180-999-5212 001-162-999-5248 320-199-999-5221 320-199-999-5221 320-199-999-5221 190-183-905-5300 190-183-907-5300 001-170-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-163-999-5118 001-163-999-5118 100-164-999-5410 100-164-999-5402 100-164-999-5402 001-161-999-5248 001-161-999-5248 001-172-999-5255 140-199-999-5281 001-140-999-5248 001-130-999-5246 280-199-999-5264 250-190-129-5804 190-180-999-5250 193-180-999-5250 001-161-999-5250 190-180-999-5250 3,150.00 9,464.62 1,816.64 1,677.00 5,319.87 1,325.00 10.00 102.69 836.01 329.99 294.16 715.00 453.75 133. O0 100.89 72.75 671.20 337.20 1,209.55 985.00 984.62 246.44 1,337.44 5,310.55 1,068.30 2,700.00 1,100.00 3,872.54 7,400.00 450.00 225.00 600.00 1,930.00 14,431.26 1,677.00 5,319.87 1,437.69 1,166.00 1,769.53 1,0~, 1,209.55 1,969.62 1,583.88 5,310,55 1,068.30 2,700.00 1,100.00 3,872.54 7,400.00 1,275.00 1,930,00 VOUCHRE2 07/~--.~ VOUCHER/ CHECK NUMBER 11214 11215 11216 11216 11217 11217 11217 11218 11218 16:54 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS CHECK VENDOR VENDOR [TEN DATE NUMBER NAME DESCRIPTION 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 07/27/93 000822 DMIGHT FRENCH & ASSOC]A PAVEMENT MGNT NAY 1-31 000927 PROFESSIONAL SERVICES, SPORTS PARK/ENGINEERING 000929 T.B. PEN[CK SPORTS PARK SERVICES TH 000929 T.B. PEN[CK RETENTION 001006 001006 001006 BURTRONICS BUSINESS SYS DAR2800; gORKSTATION BA BURTRON]CS BUSINESS SYS TAX BURTRON]CS BUSINESS SYS 605Z MINOLTA R/PRINTER 001013 HINDERLITER deLAHAS & A SALES TAX AUDIT 2ND QTR 001013 HINDERLITER deLANAS & A PROPERTY TAX 4TH QTR 11219 07/27/93 001038 AUTODESK [NC, AUTOCAD RELEASE 12 11219 07/27/93 001038 AUTODESK [NC, FREIGHT 11219 07/27/93 001038 AUTODESK INC, TAX 07/27/93 11220 001046 REXON, FREEDMAN, KLEPET JUNE PROF SERVICES ACCOUNT NLINBER 100-164-999-5402 250-190-129-5804 250-190-129-5804 250-2035 001-120-999-5600 001-120-999-5600 330-1940 001-140-999-5248 001-140-999-5248 320 - 1980 320-1980 320-1980 001-130-999-5247 ITEM AMOUNT 11,983.00 9,501.00 546,425.00 54,642.00- 370,00 28.68 9,300.78 11,663.42 2,700.00 2,250,00 .01 163.12 1,019.10 PAGE 3 CHECK AMOUNT 11,983.00 9,501.00 491,783.00 9,699.46 14,363.42 2,413.13 1,019.10 TOTAL CHECKS 5~6,g91.30 ITEM NO. 4 APPROVAT. CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER _ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager -"?'~7~Tim D. Serlet, Director of Public Works/City Engineer July 27, 1993 "No Parking" Zone on Jefferson Avenue North of Winchester Road PREPARED BY: Martin C. Lauber, Traffic Engineer RECOMMENDATION: That the Public/Traffic Safety Commission recommends that the City Council adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONE ON JEFFERSON AVENUE NORTH OF WINCHESTER ROAD. BACKGROUND: Staff was requested to investigate the existing parking situation on Jefferson Avenue north of Winchester Road due to complaints received by local business owners. The limits of the investigation were from Winchester Road north to the Santa Gertrudis Creek Bridge. Vehicles currently parking along Jefferson Avenue have been creating site distance restrictions when parking adjacent to existing driveways. To improve sight distance, Staff has recommended painting 25' feet of red curb on both sides of all driveways. At the June 24, 1993 Public/Traffic Safety Commission recommended that the City Council approve the "No Parking" north of Winchester Road as shown on Exhibit "A". meeting, the Commission zones on Jefferson Avenue Pege 1 pwO5%egdrpt13%O727%nolark FISCAL IMPACT: FY 93-94: Paint 125 feet of red curb (125 feet @.58/L.F. = 72.50). Funds are available in the Public Works stenciling and striping Account No. 100-164-999-5410. Attachments: 1. Exhibit 'A' 2. Resolution Page 2 pwOS~drpt%93%0727~N~k 0o RESOL~ON NO. 93- A RESOL~ON OF THE CITI' COUNCIL OF THE CIT~ OF TEMECULA ESTABLIg!TING *NO PARKING* ZONE ON JEFFERSON AVENUE NORTH OF WINCHESTER ROAD o The City Council of the City of Temecula does re, solve, determine and order as follows: Section 1. Pursuant to Section 12.08.216 of Ordinance No. 91-16, which the City has adopted by reference, the foilowing *No Parking* zone is hereby established jn the City of Temecula: *No Parking* on both sides of Jefferson Avenue from the existing red curb, north of Winchester Road, north to the Santa Gertrudis bridge as shown on exhibit "A *. Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTRn, by the City Council of the City of Temecula at a regular meeting held on the 27th day of July, 1993. J. Sal Mu~oz, Mayor ATTEST: June S. Greek City Clerk [SEAL] Page I pwOS%eOdrpt%93%O727~:wk ITEM 5 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer July 27, 1993 Installation of Two (2) Stop Signs PREPARED BY: Martin C. Lauber, Traffic Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP" SIGNS. BACKGROUND: At the June 24, 1993 meeting of the Public/Traffic Safety Commission, the Commission recommended that due to visibility restrictions the City Council approve the installation of the following stop sign locations. 1. Westbound Felix Valdez Road at Vincent Moraga Drive 2. Eastbound Baldaray Circle at Felix Valdez Drive FISCAL IMPACT: FY 93-94: Install two (2) stop signs with stop bars and a stop legend. Two (2) signs ~ $110.00/each = $220.00. Funds are available in the Department of Public Works Sign Account No. 100-164-999-5244. Attachments: 1. Exhibit "A" 2. Resolution Page I PwO5%agdrpt~3~O727~etopeign _. EXHIBIT "A" The following are proposed "STOP" sign locations: "TEE" INTERSECTIONS: 1. Westbound Felix Valdez Road ~ Vincent Moraga Drive 2. Eastbound Balderay Circle ~ Felix Valdez Road OAK RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECUIA ESTABIJ~tIING *STOP* SIGNS. The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 12.08.216 of the Municipal Code, the following "STOP" sign locations are hereby established in the City of Temecula. A. Westbound Felix Valdez Road @ Vincent Moraga Drive B. Eastbound Baldaray Circle ~ Felix Valdez Drive Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOFrED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of July, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek City Clerk [SEAL] F':~:q":~,qa~m Pege 1 PwOS%aOdrpfi93~O727~eto12dOn ITEM NO. 6 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER I I CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer July 27, 1993 Contract Change Order No. 11 for Ynez Road Widening Project, PW92-05, CFD88-12 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: Ae That the City Council approve Contract Change Order No. 11 for Ynez Road Widening Project (PW92-05) for labor and equipment for stand-by time during the relocation of conflicting utilities, in the amount of ~71,292. BACKGROUND: During the grading and demolition operations on Ynez Road adjacent to the Tower Plaza and Town Center the Contractor encountered numerous utilities which were not shown on the plans or marked in the field. These utility conduits were found to be in conflict with the new roadway subgrade and the vertical alignment of the proposed storm drains. The conflicting utilities are owned by Southern California Edison, AT&T, General Telephone and Southern California Gas Company. The utility companies were contacted during the design phase concerning the location of their facilities. Information was provided showing the horizontal location of many of the existing facilities and this was shown on the construction plans, however no information was provided indicating the depth of the existing facilities. Prior to excavation of the area adjacent to the shopping centers an attempt was made to locate the underground utilities, however, several conduits could not be located based on the information that was provided by the utility companies. There were also underground conduits whose existence or locations were unknown by the utility companies. The utility companies are responsible for relocating their facilities when they conflict with the proposed improvements but due to the extensive amount of relocations and the time required to perform the work, the Contractor was unable to perform his operations as originally -1- pwOS~egdrpt~g3~0727~w92-OS.011 0719 provided in his bid. Additional working days and compensation were requested in accordance with the standard specifications as a result of the construction being reduced to maintaining the sits, including traffic control, and driveway accesses. The Contractor also potholed utilities in other areas of the project to resolve potential utility conflict prior to constructing the street improvements. The project Superintendent and the Foreman were onsite to perform these tasks as well as several pieces of small equipment. The total working days to complete the relocations was 30 days at a daily compensation of $2,376.40 for a total of $71,292. Changes to the Contract to date include: NO. ITEM AMOUNT 1. Remove unsuitable saturated material 8147,215 during grading for the new section Import additional fill material to replace unsuitable material Rough grade south side of Solana Way from Ynez to apt.-complex Tree removal adjacent to Tower Raze Potholing SCE/Storm Drain to determine extent of conflict and red.sign requirements Revise 16" and 20" dip sections (RCWD) under proposed storm drain Realign storm drain line "D" to meet existing storm drain Increase concrete strength for driveway to reduce construction time to three days Provide weatherproofing for retaining wall adjacent to Town Center Remove concrete treated base from Town Center Driveway ~44, 169 ~5,300 4. $5,807 5. ~418 e 10. $7,237 $5,972 $764 $529 $831 Subtotal: $218,242 FISCAL IMPACT: On January 26, 1993, the City Council awarded a contract for the construction of Ynez Road Widening from Rancho California Road to Palm Plaza, to Vance Corporation for $2,612,811,29. Contract Change Order Nos. 01 through 10 were approved for · total amount of $218,242. Contract Change Order No. 11 is in the amount of $71,292, which is $28,253 over the project's contingency. Therefore, an additional $28,253 must be appropriated for the Ynez Road Widening Project from the Community Facility District 88-12. There are adequate funds available in the CFD 88-12 construction account. -2- Pw05~egdrpt~93~,0727~w92-05.011 0719 ITEM NO. 7 CITY APPROt~~ ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Scott F. Field, City Attorney July 27, 1993 Consideration of Reimbursement Agreement with the Rancho California Water District for Street Improvements for Avenida De Ventas Road PREPARED BY: Gregory Go Diaz, Esq., For Burke, Williams & Sorensen RECOMMENDATION: That the City Council approve the Reimbursement Agreement with the Rancho California Water District and authorize the Mayor to execute the Agreement on the City's behalf and the City Clerk to attest to the same. BACKGROUND: When Johnson & Johnson and Rancho Core Associates I received approval for parcel map no. 21383, the map was conditioned on the developer constructing certain road improvements. In order to insure that those road improvements were completed, a faithful performance bond in the amount of $1,957,000.00 was required by the City and obtained by the developer up from Pacific States Casualty Company, bond no. 7010. The parcel map was recorded on October 22, 1990. The Rancho California Water District made a demand on the developer to perform and complete the improvements on December 29, 1992. The City made a demand on the surety to pe:rform on June 11, 1993. This Agreement is required in order to allow the Rancho California Water District to occupy their new headquarters. The Agreement provides that the Water District would be reimbursed for their design and construction costs for certain road improvements from any proceeds the City receives from the surety either as a result of a claim filed or litigation instituted. The City would not be financially liable under the Agreement to the Water District in the event the surety does not reimburse the City and the District for the costs of the improvements. In order to accommodate the District, this Agreement was prepared by the Water District and approved as to form by my office. Because of the subdivider's failure to timely install the improvements, the City Council should be aware of other options and remedies the City potentially has in order to achieve compliance with the City's requirements. In addition to the normal contractual remedies and the faithful performance bond posted by the subdivider, the City has other remedies as well. An infrequently used provision is criminal prosecution. However, criminal prosecution is unlikely because what is desired to be achieved is compliance not sanctions against a subdivider failing to construct improvements. Another option is a reversion to acreage for failure to comply with the conditions under Government Code Section 66499.16. Reversion to acreage is only available if the lots have not been sold. Other remedies available to the City are to record a notice of violation against the property and/or deny permits. The notice of violation procedure requires specific noticing to the property owner and conducting administrative hearings to determine if and the extent of any violation. Finally, the City could deny development permits and approvals for any parcels within the subdivision for failure to fulfill the conditions, i.e., installation of the improvements. The City's role under the Reimbursement Agreement with the Water District is to assist the District in recovering the District costs expended to complete the subdivision improvements. The surety has indicated that their company is in conservatorship by the State Department of Insurance. Thus, the company is being run and managed by State regulators and claims will be processed accordingly. There is an insurance fund to back-up the surety, however, it is unclear how much will be available to pay claims. It is also anticipated that there will be some delay resulting from the imposition of conservatorship on the surety on the ultimate pay-out of any claim filed. It should be emphasized however, that the City has no monetary liability to the District under this Reimbursement Agreement if the City does not receive any reimbursement from the surety. FISCAL IMPACT: The fiscal impact of entering into this Agreement should be minimal initially and subject to reimbursement over time. The extent of the fiscal impact will depend upon if a claim is paid by the surety without the need to commence litigation, or whether the City will need to litigate any claim against the surety. Attachments: 1. Reimbursement Agreement with Water District. REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO CALIFORNIA .WATER DISTRICT (AVENIDA DE VENTAS ROAD IMPROVEMENTS) FIE_ I!AL WHEREAS, the Rancho California Water District (RCWD) is nearing completion of its new headquarters project (Project) identified on Plot Plan 239 (Project No. 910121 ); and WHEREAS, as a condition of occupancy of Project the City of Temecula (City) required that the half street improvements of Avenida De Ventas (Road Improvements) be completed by the developer, Rancho Core Associates, No. 1; and WHEREAS, the City entered into an agreement with said developer, to construct the Road Improvements; and WHEREAS, RCWD anticipates occupying its Project on or about July 1, 1993; WHEREAS, said Road Improvements have not been constructed; and WHEREAS, it appears to the parties that the developer will be unable to construct the Road Improvements; and WHEREAS, the City required the provision of a faithful performance bond by the developer to guarantee construction of said Road Improvements; and WHEREAS, the parties believe it unlikely that the surety will construct said Road Improvements on or before the date of anticipated occupancy of the Project by RCWD because said surety has been placed in conservatorship by the California State Department of Insurance. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties hereby agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is to establish the conditions pursuant to which RCWD would design and construct the Road Improvements to Avenida De Ventas and would be reimbursed by the City for any recovery the City receives from the surety and/or other responsible parties for the full cost of design and construction of said improvements. Waterdiet 7/13/93 2. Road Improvements. The Road Improvements shall be constructed by RCWD pursuant to the provisions contained herein. Said Road Improvements are described on Exhibit "A" attached hereto. 3. Reimbursement Agreement Only--Permits Reouired. This Agreement is for purposes of setting forth the conditions under which RCWD will construct certain road improvements and be reimbursed by City from any recovery against the surety and/or other responsible parties and not in lieu of any permit, inspection, or fee therefore and does not constitute a waiver by City of such permit, inspection, or fee requirements. 4. Costs of Project. The costs for said project shall be based upon the design costs incurred by RCWD and the construction bids received for said project by RCWD on a Bid Result Spread Sheet attached here as Exhibit "B", RCWD will evaluate and analyze all bids received and select the lowest responsible bidder for the Road Improvements. 5. Schedule. The contract for said Road Improvements will be performed in accordance with the schedule contained in the specifications prepared by RCWD. During construction regular inspection activities of the street improvements will be conducted by both RCWD and the City. 6. Commencement of Construction. Before RCWD will authorize the commencement of any construction, City shall assure and provide evidence to' RCWD that it has sent all notices to all parties and performed all conditions precedent required in that certain agreement for the construction of Road Improvements between the City and Rancho Core Associates No. 1 so as to permit said Road Improvements to be constructed by RCWD. Said agreement is attached hereto as Exhibit "C". 7. City to Obtain Bond Funds. City agrees to vigorously prosecute efforts to obtain funds for the construction of said Road Improvements pursuant to faithful performance bonds provided as security for agreement identified in Exhibit "C". In agreeing to vigorously' prosecute efforts to obtain funds from the surety and/or other responsible parties, in no event shall City be liable for payment to RCWD in the event the City is unsuccessful in Wat~.dim~ 7/13/93 - 2" obtaining a financial recovery against the surety and/or other responsible parties. 8. Reimbursement from Bond Funds. At such time, and only at such time, as City receives funds identified in paragraph 7 above from said surety and/or other responsible parties it shall reimburse said funds to RCWD for all costs of designing and constructing the project including construction costs and design costs. 9. Notices. All notices under this Agreement shall be sent as follows: District: California Water District 28061 Diaz Road Post Office Box 7017 Temecula, California 92589-9017 City: City of Temecula 43174 Business Park Drive Temecula, California 92590 Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. 10. A. It is mutually understood and agreed by each party hereto that RCWD shall be responsible for any damage or liability whatsoever occurring by reason of anything done with any work, authority, or jurisdiction in the construction or work performed under this Agreement, except for work expressly delegated to City under this Agreement. It is also understood and-agreed that pursuant to California Government Code Section 895.4, RCWD shall fully indemnify, protect, defend, and hold City, including its officers, employees, and agents, harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by RCWD, under or in connection with, any work, authority, or jurisdiction connected with the work under this Agreement, except for work which was expressly delegated to City under this Agreement. It is mutually understood and agreed by each party hereto that neither City nor any of its officers, employees, or agents thereof shall be responsible for any damage or liability whatsoever Waterdiet 7113/93 occurring by reason of anything done or omitted to be done in connection with any work, authority or jurisdiction in the '~ construction or work performed under this Agreement, except for work expressly delegated to City under this Agreement. It is also understood and agreed that pursuant to California Government Code Section 895.4, City shall fully indemnify, protect, defend, and hold RCWD, including its officers, employees, and agents, harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or .omitted to .be done by City RCWD under or in" connection with the work under this Agreement which was expressly delegated to City under this Agreement. 11. This Agreement sets forth and contains the complete, final, exclusive, and entire understanding and agreement of the parties, and there are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, undertakings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the term or conditions of this Agreement. 12. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 13. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto. 14. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 15. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. However, any party seeking to enforce this Agreement must be in possession of an original copy of this Agreement executed by the other party hereto. W.terdi=t 7113/93 -4-- ~" 16. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party 'at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be necessary under the term of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 17. The person or persons executing this Agreement on behalf of each party warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business or governmental entity and warrants and represents that he/she/they has/have the authority to bind their entity to the performance of its obligations hereunder. 18. Should it become necessary for any party to bring legal action to enforce any provision of this Agreement, then the prevailing party in such action shall be entitled to recover all attorney's fees and court costs reasonably incurred thereby. THIS AGREEMENT is dated as of the date set forth above. DISTRICT, Rancho California District By: CITY, City of Temecula By: J. Sal Mu~oz, Mayor APPROVED AS TO FORM: ATTEST: Scott F. Field, City Attorney Waterdiet 7/13/93 -5- June S. Greek, City Clerk ITEM NO. 8 TO: FROM: DATE: SUBJECT: APPROVAL: CITY A'I'I'ORNEY ~ FINANCE OFFICER CITY MANAGER City Council/City Manager Anthony Elmo, Chief Building Official July 27, 1993 Approval of Contract Award for Plan Review Services RECO M MEN DATI ON: It is recommended that the City Council approve the award of contract to ESGIL Corporation, 9320 Chesapeake Drive, Suite 208, San Diego, CA 92123, as the primary plan review firm to provide complete plan review services to the Building and Safety Department. It is further recommended that the City Council approve the retention of Van Dorpe/Chou and Associates, Inc., 295 North Rampart Street, Orange, CA 92668, and Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, CA 92647, to support the plan review needs of the City's Building and Safety Department. DISCUSSION: The ESGIL Corporation has provided complete plan review services to the BUilding and Safety. Department for a twelve (12) month period beginning July, 1992. Staff has found the turnaround times, accuracy and customer relations of the ESGIL Corporation to be timely and of the highest quality. Staff has also had the opportunity to work with VanDorpe/Chou and Associates, Inc., and Melad and Associates during this period and found their responsiveness to the Department's plan review needs to be an asset. Staff is recommending the ESGIL Corporation be the primary plan review firm to the Building and Safety Department with VanDorpe/Chou and Associates, Inc., and Melad and Associates further supporting the plan review needs of the Building and Safety Department on an as-needed basis. Compensation for plan review services will remain as previously agreed at the following rates: V:~AgendaRlet~CCCMPLCH.RNW Agenda Report July 27, 1993 Page 2 1. Esgil Corporation 69% of plan check fees collected by City 2. Vandorpe Chou Associates, Inc. 65% of plan check fee collected by City. 3. Melad and Associates 70% of plan check fee collected by City FISCAL IMPACT: Funding for plan review services has been approved for Fiscal Year '93-'94 in the amount of $75,000 in Account No. 001-999-162-42-5248 "Consulting Services." No additional funds are being requested. V:%AgendaRpt~CCCMPLCH .RNW '~ AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this 1st day of JUly, 1993, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and Esgil Corp0'ration. hereinafter referred to as "Contractor." The parties hereto mutually agree as follows:' I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A attached hereto. Contractor shall complete the tasks according to the schedule set forth in Exhibit A. 2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be :made within thirty (30) days of receipt of each invoice. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT: The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Contractor, the City shall pay Contractor for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT: In the event that Contractor is' in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City Failure by the Contractor to make progress in the performance work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Contractor, shall not be considered a default. -2- If the City Manager or his delegate determines that the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to. cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 6. TERM: This Agreement shall commence on July 1, 1993, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 1994. Any disputes regarding performance, default or other matters in dispute between the City and the Contractor arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Contractor shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure, Section 1280, et seq. City and Contractor shall share the cost of the arbitration equally. -3- OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension of abandonment of this Agreement, all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. INDEPENDENT CONTRACTOR: The Contractor is and shall at all times remain as to the City a wholly independent Contractor. It is expressly understood and agreed that Contractor shall in no event as a result of this contract be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits, and for such purposes shall be deemed an independent Contractor. LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of State and Federal Laws and regulations which, in any manner, affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times Observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the contractor to comply with this section. -4- 10. NOTICE: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula, California 92591 and the Contractor Richard Esgate, President, ESGIL Corporation. 9320 Chesapeake Drive. #208. San Dieqo. California 92123 unless and until different addresses may be furnished in writing by either party to the other. 'Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. 11. ASSIGNMENT: the Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be the value to the City of the services rendered. -5- 12. LIABILITY INSURANCE: The Contractor shall maintain insurance acceptable to the City in full force and effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VIIo The costs of such insurance shall be included in the Contractor's bid. The Contractor shall provide the following scope and limits of insurance: Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office form Number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). 2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. 3. Worker's Compensation insurande as required by Labor Code of the State of California, an Employer's Liability insurance.' 4. Errors and Omissions insurance. -6- B. Contractor shall maintain limits of Minimum Limits of Insurance: insurance no less than: General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Liability: Worker's Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions: this contract shall provisions: a, Insurance policies required by contain or be endorsed to contain the following All Policies: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) day's prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability Coveraqe: The City of Temecula, its officers, officials, employees and volunteers are to -7- be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Contractor's performance of the work described in this contract, the Contractor's insured coverage shall be primary insured as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Contractor's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers,' officials, employees or volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurers liability. Worker's Compensation and EmDIoyer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the -8- 13. City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. d. Verification of Coverage: Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. the certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall include all subcontracts as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising our of or resulting from the Contractor's acts or omissions pursuant to this contract. -9- The City shall indemnify and hold harmless ESGIL and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the City's acts or omissions pursuant to this contract. 14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when performing duties as representative .of the City, shall have the freedom from liability contained in Section 202, of the 1988 Edition of the Uniform Building Code. 15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor's interpretation of the regulations contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the City Attorney and/or the Board of Appeals. 16. ENTIRE AGREEMENT: This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. -10- In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONTRACTOR By: Richard Esgate, ESGil Corporation CITY OF TEMECULA By: J. Sal Mu~oz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk -11- EXHIBIT A TASKS TO BE PERFORMED Plan Check Scooe of Work Perform traditional preliminary plan review consultations in ESGIL Corporation's main office by meeting or by telephone. Perform traditional initial plan review of submitted plans to determine compliance with City adopted: Uniform Building Code Uniform Plumbing Code Uniform Mechanical Code National Electrical Code California State, Title 24 (Energy Conservation; Disabled Access; and Noise Attenuation) Provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations· Perform all necessary liaison with the .applicant's designee, either by telephone, mail or meeting in Esgil Corporation's main office, and perform all necessary rechecks to achieve conformance to the regulations· Perform all necessary liaison with the Building Official or his designee, either by mail, telephone or in Esgil Corporation's main office, to insure compliance with U.B.C. Sections 105 and 106 and to insure compliance with local policy interpretations. Perform plan reviews of revisions to plans that have previously been approved for permit issuance, or perform plan reviews of major changes to plans prior to such approval, when such major changes are not required to achieve code conformance.:: Attend meetings related to proposed building projects at the request of the Building Official at locations other than ESGIL Corporation's plan check office. Deliver plans to the City, perforated with the date and the word "ESGIL", with a transmittal cover sheet noting the perforated plans "substantially comply with the jurisdiction's Building Codes." ~12- EXHIBIT B PAYMENT SCHEDULE COMPLETE PLAN CHECK: Esgil Corporation's fee shall be 80% of the Plan Review Fee calculated per Section 304 or the latest published edition of the Uniform Building Code for each building plan checked. The construction valuation shall be based on the most recent valuation multiplier published by the International Conference of Building Officials in Building Standards or on the architects; estimated construction cost, or on the Building Official's cost estimate, whichever is greater. Not withstanding the above, the minimum contractor fee for plan checking a proposed project shall be one hundred dollars (elO0.O0). Plan check fee for repetitive identical buildings shall be 80% of the plan check fee as noted above for the first, or basic building, and 20% of the plan check fee as noted above for each additional building. The single fee includes all rechecks and there are no additional charges for preliminary plan check conferences at our office, expedited processing, checking plans that are eventually found to be incomplete or for the pick-up and delivery of plans or for meetings with the Building Official at his/her request. PARTIAL PLAN CHECK: Partial plan checks are discouraged due to the need to coordinate all disciplines in a plan review, however, the fees for partial plan checks are: 2. 3. 4. 5. 6. 7. 8. Basic minimum for any plan check Structural only Fire-Life U.P.C. N.E.C. U.M.C. Title 24 Energy and Sound Control Title 24 Disabled Access 50% of 1988 UBC plan check fee 10% additional 10% additional 2% additional 2% additional 2% additional 2% additional 2% additional Total: 80% of UBC fee PLAN CHECK OF REVISIONS TO PREVIOUSLY APPROVED PLANS: Revisions to previously approved plans will be at Esgil Corporation's publishe.d hourly rates shown on the "Labor Rates Schedule." v:\wp\CONTRACT.esg -13- AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this 1st day of 'July, 1993, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and VandorDe Chou Associates. Inc., hereinafter referred to as "Contractor." The parties hereto mutually agree as follows: I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A attached hereto. Contractor shall complete the tasks according to the schedule set forth in Exhibit A. 2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B. Contractor' will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. e SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT: The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice.. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (3'5) days after receiving an invoice from the Contractor, the City shall pay Contractor for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT: In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City Failure by the Contractor to make progress in the performance work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Contractor, shall not be considered a default. -2- If the City Manager or his delegate determines that the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 6. Any disputes regarding performance, default or other matters between the City and the Contractor arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Contractor shall select an arbitrator from a list provided by the' City of three retired' judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure, Section 1280, et seq. City and Contractor shall share the cost of the arbitration equally. TERM: This Agreement shall commence on July 1, 1993. and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 1994. in dispute. -3- OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension of abandonment of this Agreement~ all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. INDEPENDENT CONTRACTOR: The Contractor is and shall at all times remain as to the City a wholly independent Contractor. It is expressly understood and agreed that Contractor shall in no event as a result of this contract be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits, and for such purposes shall be deemed an independent Contractor. LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of State and Federal Laws and regulations which, in any manner, affect those employed by it or in any way afteat the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the contractor to comply with this section. -4- 10. NOTICE: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula, California 92591 and the Contractor Neil Evans. Vandoroe Chou Associates. Inc.. 295 Rampart Street. Orange. California 92668 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. 11. ASSIGNMENT: the Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be the value to the City of the services rendered. -5- 12. LIABILITY INSURANCE: The Contractor shall maintain insurance acceptable to the City in full force and effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Contractor shall provide the following scope and limits of insurance: Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office form Number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). 2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by Labor Code of the State of California, an Employer's Liability insurance. 4. Errors and Omissions insurance. -6- Minimum Limits of Insurance: Contractor shall maintain limits of insurance no less than: 1. General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Worker's Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions: this contract shall provisions: a. Insurance policies required by contain or be endorsed to contain the following All Policies: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) day's prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability Coverage: The City of Temecula, its officers, officials, employees and volunteers are to -7- be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Contractor's performance of the work described in this contract, the Contractor's insured coverage shall be primary insured as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Contractor's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided tO the City, its officers, officials, employees or volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurers liability. Worker's Compensation and Employer's LiabiliW Coverage: The insurer shall agree to waive all rights of subrogation against the -8- 13. City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Verification of Coverage: certificates of insurance Contractor shall furnish the City with effecting coverage required by this clause. the certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall include all subcontracts as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising our of or resulting from the Contractor's acts or omissions pursuant to this contract. -9- The City shall indemnify and hold harmless ESGIL and its agents and employees from and against all claims, .damages, losses and expenses, including attorneys' fees, arising out of or resulting from the City's acts or omissions pursuant to this contract. 14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when performing duties as representative of the City, shall have the freedom from liability contained in Section 202, of the 1988 Edition of the Uniform Building Code. 15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor's interpretation of the regulations contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources. of the City Attorney and/or the Board of Appeals. 16. ENTIRE AGREEMENT: This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. -10- In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONTRACTOR By: Neil Evans, Vandorpe Chou Associates, Inc. CITY OF TEMECULA By: J. Sal Mu~oz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk -11- EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: - Requirements based upon type of occupancy; - Requirements based upon type of construction; - Engineering regulations including seismic loads; Detailed regulations of construction; Fire resistive standards for fife protection; Fire and life safety requirements; - Accessibility to the physically handicapped. National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes PROPOSED FEES VanDorpe Chou Associates proposes to provide code consulting in accordance with the following fees: BUILDING PLAN CHECK Individual building olans: Rechecks: Partial plan checks: Preliminary plan check: 65% of the plan check fee collected by the City. This fee includes plumbing, electrical and mechanical plan check when submitted as complete package.' Rechecks are included in the basic fee. Partial plan checks are individually negotiated. Generally, structural plan check only is 40 percent of the basic fee, energy plan check only is 15 percent of the basic fee. Other partial plan checks would be similarly charged. There is no charge for preliminary plan check; it is included in our plan check fee. 15% of the fee charged for the first building type. Revisions to previously checked plans are performed on an hourly basis at a rate of $50.00 per hour. Delivery: Pick-up and delivery costs are included in our fee. Some jurisdictions send plans to us by United Parcel Service. ELECTRICAL AND MECHANICAL PLAN CHECK Plan checks are performed at 75 percent of the electrical and mechanical permit fees or on an hourly basis at a rate of $50.00 per hour. ADDITIONAL WORK Any additional work not included in the basic services listed above will be performed at an hourly rate of 950.00 per hour. ReDetitive plans: Revisions: v:wp'%propoemd.fee ~ AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this 1st day of July, 1993, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and Melad and Associates, hereinafter referred to as "Contractor." The parties hereto mutually agree as follows: I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A attached hereto. Contractor shall complete the tasks according to the schedule set forth in Exhibit A. 2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT: The City may, at any time, suspend, terminate or abandon this Agreement, or'any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Contractor, the City shall pay Contractor for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT: In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City Failure by the Contractor to make progress in the performance work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Contractor, shall not be considered a default. -2- If the City Manager or his delegate determines that the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 6. TERM: This Agreement shall commence on July 1, 1993. and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 1994. disputes regarding performance, default or other matters in dispute Any between the City and the Contractor arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Contractor shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure, Section 1280, et seq. City and Contractor shall share the cost of the arbitration equally. -3- OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension of abandonment of this Agreement, all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. INDEPENDENT CONTRACTOR: The Contractor is and shall at all times remain as to the City a wholly independent Contractor. It is expressly understood and agreed that Contractor shall in no event as a result of this contract be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits, and for such purposes shall be deemed an independent Contractor. LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of State and Federal Laws and regulations which, in any manner, affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the contractor to comply with this section. -4- 10. NOTICE: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such noticeshall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula, California 92591 and the Contractor Jose Melad Melad and Associates. 8907 Warner Avenue. Suite 161. Huntington Beach. California 92647 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. 11. ASSIGNMENT: the Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be the value to the City of the services rendered. -5- 12. LIABILITV INSURANCE: The Contractor shall maintain insurance acceptable to the City in full force and effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Contractor shall provide the following scope and limits of insurance: Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office form Number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). 2. - Insurance Services Office form No. CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by Labor Code of the State of California, an Employer's Liability insurance. 4. Errors and Omissions insurance. -6- B. Contractor shall maintain limits of Minimum Limits of Insurance: insurance no less than: General'Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage· Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Liability: Worker's Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions: Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: a. All Policies: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) day's prior written notice to the City via United States First Class Mail. b. General Liability and Automobile Liability Coverage: The City of Temecula, its officers, officials, employees and volunteers are to -7- be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Contractor's performance of the work described in this contract, the Contractor's insured coverage shall be primary insured as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Contractor's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City,' its officers, officials, employees or volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurers liability. Worker's Compensation and Emplover's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the -8- 13. City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the CiW. d. Verification of Coverage: Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. the certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall include all subcontracts as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising our of or resulting from the Contractor's ac~S or omissions pursuant to this contract. -9- 14. 15. 16. The City shall indemnify and hold harmless ESGIL and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the City's acts or omissions pursuant to this contract. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when performing duties as representative of the City, shall have the freedom from liability contained in Section 202, of the 1988 Edition of the Uniform Building Code. FINAL DECISION AUTHORITY: The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor's interpretation of the regulations contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the City Attorney and/or the Board of Appeals, ENTIRE AGREEMENT: This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. -10- In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONTRACTOR By: Jose Melad Melad and Associates CITY OF TEMECULA - By: J. Sal Mu~oz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk -11- EXHIBIT A TASKS TO BE PERFORMED SERVICES: PLAN CHECKING Complete plan check of all types of building plans and related structures for building permit. All plan checking will be performed by Melad and Associates, their employees and associated consultants to ensure full compliance with all City adopted codes (building, electrical, plumbing, mechanical), including State and Federal Regulations related to building construction. Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: - Requirements based upon type of occupancy; - Requirements based upon type of construction; - Engineering regulations including seismic loads; - Detailed regulations of construction; - Fire resistive standards for fire protection; ~ Fire and life safety requirements; - Accessibility to the physically handicapped. National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes COMPENSATION: EXHIBIT B PAYMENT SCHEDULE City may elect to compensate Melad and Associates an amount equal to 70% of the plan check fee established by the City or at an hourly rate of $45.00. Exception for repetitive plan check: 70% for model plans and 25% for repetitive plans. Included on repetitive plan check is construction observation for models only, to assist City Inspectors in discovering and eliminating any deficiencies and/or clarifications on approved plans prior to start of production. Structural plan check only: To review structural plans and calculations under the Uniform Building Code provisions and standard engineering practice. Compensation: An amount equal to 45% of the building plan check fee established by the City or an hourly rate of $45.00 State Energy Requlations. Title 24 of the State Administrative Code: Complete plan check on building envelope, HVAC system and lighting system. Compensation: An amount equal to 25% of the building plan check fee established by the City or an hourly rate of $45.00. A minimum fee of $100.00 is also required. Grading plan check: To review grading and other related civil engineering work. This work is not included on the complete plan check scope of work. Compensation: $45.00 per hour with a minimum fee of $200.00. Special projects for fast track (accelerated plan check will be accommodated upon request by the City with 50% additional fee. Checking time will be five working days minimum to;fifteen working days maximum, depending on the size and complexity of the project. Rechecks will be completed in three to ten working days. Included with the above services, with no additional cost to the City, is pick-up and delivery of plans on an as-needed basis, and consultation on related matters. EXHIBIT B PAYMENT SCHEDULE Building Inspections: Provide general inspection services during the entire course of construction in performances of this duty we will promptly provide qualified combination inspectors to review the various stages of construction, including required related State and Federal Regulations, and shall minimize or eliminate delays to builders on account of such inspection requirements. Compensation: An hourly rate of $40.00 with four hours minimum plus mileage at the rate of 9.30 per mile if the City does not provide transportation. Melad and Associates strictly performs plan checking and inspection services. Melad and Associates does no engineering design to avoid any conflict of interest. ITEM NO. 9 APPROVAL~-~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: City Council/City Manager Building and Safety Department July 27, 1993 Contract Agreement for Street Address Numbering RECOMMENDATION: It is recommended that the City Council approve a contract agreement with Mr. Bruce Stewart, 3155 Mt. Vernon Avenue, Riverside, CA 92501, (909) 784-8484, to renew existing contract to provide address numbering services on an as-needed basis. DISCUSSION: The Building and Safety Department has utilized the services of a consultant to provide the City with the service of assigning street address numbers for new development projects. Staff has utilized Mr. Bruce Stewart to perform these services and recommends this contract be renewed for Fiscal '93-'94. Mr. Bruce Stewart has agreed to provide this supplemental service on an as-needed basis for compensation at the rate of twenty ($20) dollars per hour, the same compensation awarded in the previous contract. Mr. Bruce Stewart has had experience with the County of Riverside and has provided street addressing under the program which has also been established in the City. FISCAL IMPACT: Monies have already been appropriated in the Fiscal Year 1993 - 1994 budget in account #001 -162-999-42-5250 for this service. Sufficient funds exist to complete this project within this existing account. 'PROFESSIONAL SERVICES This Agreement was made and entered into this 1St day of JUly 1993, by and between the City of TemeculaCCity"), a municipal corporation, and Bruce Stewart, an address numberin~ service ("Consultant"). The parties hereto mutually agree as follows: 1. Services. Consultant shall perform the tasks set forth in Exhibit A attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit A. 2. Performance. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, pe~orm all tasks described herein. 3. Payment. The City agrees to pay Consultant monthly, rates set forth in Exhibit B attached hereto. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. 4. Amendments. This Agreement may be amended so long as such amendment is in writing and agreed upon by both the City Council and Consultant. 5. Ownership Of Documents. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, 'mused or otherwise disposed of by the City without the permission of the Consultant. 6. Termination. The City may terminate this Agreement without cause so long as written notice of intent to terminate is given to Consultant at least ten (10) working days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. 7. Indemnification. The Consultant agrees to indemnify and save harmless the City of Temecuh, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultants acts or omissions under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. V:~WP~AOR-~5.ST~ ~ 8. Status of Consultant. Consultant is an independent contractor in all respects in the performance of this Agreement and shall not be considered an employee of the City for any purpose. No employee benefits shall be available to Consultant in connection with the performance of this Agreement~ Except as provided in the Agreement, City shall not pay ~ls~es, wages, or other compensation to Consultant for performing services hemunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hemunder. 2 9. Term. This Agreement shall commence on July 1, 1993, and shall remain and continue in effect until tasks described heroin are completed, but in no event hter than June 30,1994. 10. Subcontracts. The Consultant shall not enter into any subcontracts for services to be rendered toward the completion of the Consultant's portion of this Agreement without the consent of the City. At all times, Brace Stewart shall be primarily responsible for the performance of the tasks described heroin. 11. Default. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described heroin to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seq. City and Consultant shall share the cost of the arbitration equally. 12. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: V:'~WI~AOR-OS.STE a. City: Attention: City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 Brace Stewart 3155 Mt. Vernon Avenue Riverside, CA 92501 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 13. Entire Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all tens and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the tens, conditions, or provisions of this Agreement and any such document or instrument, the tens and conditions of this Agreement shall prevail. 14. Liability. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall maintain limits of insurance no less than as listed below. In addition, insurance certificates and endorsements must be completed and attached. AuWmobile Liability: $300,000 combined single limit per accident for bodily injury and property damage. V:~Wl~AOR-05.STB "~ The parties hereto have executed this Agreement on the date and year above written. CONSULTANT By: Title ATTEST: CITY OF TEMECULA By: J. Sal Mufioz, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Scott F. Field, City Attorney V:\WP~AOR-(B.STE F__,XHIBffA TASKS TO BE PERFOP, M~-r~ It is agreed that Mr. Bruce Stewart will provide address numbering on an as-needed basis for residential and commercial development throughout the City of Temecula. V:\V/P~OR-OS.~rE EXIflB1TB PAYMENT S~ULE It is agreed that Mr. Bruce SteWart, 3155 Mt. Vernon Avenue, Riverside, CA 92501, (909) 784-8484, wffi pwvide address numbering on an E-needed bash for residential and commercial development throughout the City of Temecuh at the rate of twenty ($20.00) dollars per hour. V:\WI~AOR-~.~TI~ .ITEM NO. 10 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA A OENDA REPORT City Council David F. Dixon, City Manager July 27, 1993 Specific Classification and Salary Adjustments APPROVAL CITY MANAGER RECOMMENDATION: It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 93- : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALI- FORNIA, AMENDING RESOLUTION NO. 93-50 ADOPTING A REVISED SCHEDULE OF AUTHORIZED POSITIONS. STAFF REPORT: The attached resolution contains adjustments for six positions. Those positions are specifically noted below: Current Position Accounting Assistant Office Assistant Cashier Landscape Tech. Development Asst. Systems Analyst Proposed Position Accounting Assistant Accounting Assistant Accounting Assistant Landscape Inspector Management Assistant Info. Systems Admin. De0artment Finance Finance Finance Comm. Services Comm. Services City Manager The adjustments are being recommended pursuant to an analysis which has been made by my office. The analysis followed specific and accepted methodology and in most cases compared salaries with neighboring communities. Therefore, it is my recommendation that the City Council adopt the attached resolution which adjusts classification and salaries for the above six positions. Adjustments range between 4.5% and 7%. FISCAL IMPACT: Changes in Salary ranges fall within amounts allocated in the Approved Budget for Fiscal Year 1993-1994. RESOLUTION NO. 93_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEME~, CALIFORNIA, AMENDING RESOLUTION NO. 93-50 ADOPTING A REVISED SCFrEDULE OF AUTHORIZED POSITIONS WI:w. REAS, Resolution No. 93-50 established a Revised Schedule of Authorized Positions; and, WHEREAS, Resolution No. 93-50 provides for future amendment; and, WHEREAS, the City Manager has recommended and the City Council now wishes to approve a reallocation of positions, rifles, and salary ranges; NOW, TF!'EREFORE, BE IT RESOLVED, by the City Council of the City of Temecula, California, as follows: Section 1. Resolution 93-50, including The Schedule of Authorized Positions adopted June 22, 1993 and made effective July 1, 1993 is amended to read as provided in Attachment A. Section 2. Attachment A of this Resolution shall replace Exhibit A of Resolution No. 93-50 for purposes of implementation by the City Manager, and be effective August 7, '1993. Section 3. The City Clerk shall certify to the adoption Of this Resolution. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk ~" 5~xesos~324 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) -- I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the __ day of August, 1993 by the following vote of the Council. AYES: NOES: ABSENT: COUNCILMI=-MBERS: COUNCILMEMBERS: COUNCILMEMBERS: 5~sos%324 SCHEDULE OF AUTHORIZED POSITIONS POSITION TITLES Accounting Assistant Accounting Specialist Accountant Administrative Secretary Administrative Technician Assistant City Manager Assistant Engineer Assistant Planner Associate Engineer Associate Banner Building Inspector I Building Inspector II Building Technician Chief Accountant Chief Building Official City Clerk City Engineer/Dir. of Public Wdrks City Manager Code Enforcement Officer Councilmember Custodian Deputy City Clerk Director of Community Services Director of Banning Engineering Aide Engineering Technidan Executive Assistant Finance Officer Financial Services Administrator Human Resources Administrator Information Systems Administrator Landscape Inspector Lead Maintenance Worker Maintenance Superintendent Maintenance Worker Management Analyst Management Assistant Office Assistant Office Specialist Permit Engineer Personnel Specialist Ranning Technician ', Principal Engineer Public Works Inspector Recreation Coordinator Recreation Superintendent Recreation Supervisor Senior Accountant Senior Building Inspector Senior Management Analyst Senior Ranner Senior Public Works Inspector Street Supervisor Traffic Engineer Traffic Technician Volunteer Coordinator TOTAL AUTHORIZED POS~IONS MINIMUM MAXIMUM 2.5 3 0 6 1 1 3 2 2 2 1 2 2 1 1 1 1 1 .1 5 1 1 1 1 1 2 1 1 1 1 1 1 2 2 5 0 1 10 2.5 1 2 3 2 2 2 1 2 1 2 2 2 2 0 1 1 101.0 $1,605 $1,920 $2,498 $1,872 $1,394 $5763 $3047 $2 464 $3 260 $3 047 $2 237 $2 431 $2 193 $3377 $5.236 $4.355 $5 763 $2,347 $ 300 $1,527 $2,414 $5,236 $5,236 $1,920 $2,105 $2,414 $5,236 $3,377 $3,377 $3,088 $2,237 $1,926 $3,331 $1,667 $2 748 $2,347 $1.394 $1.454 $3.260 $1.920 $2.193 $4.060 $2.431 $1.566 $3.331 $2.019 $3,047 $2.943 $3.088 $3 424 $2 943 $2 498 $4 060 $2105 $1 454 $2,002 $2,395 -$3,116 $2,335 $1,739 $7,188 $3,800 $3,073 $4,066 $3,800 $2,790 $3,032 $2,735 $4,212 $6,530 $5,432 $7,188 $8,655 $2,927 $ 300 $1.905 $3.011 $6.530 $6.530 $2.395 $2.625 $3.011 $6530 $4 212 $4212 $3 851 $2 790 $2 402 $4 155 "$2 079 $3 427 $2 927 $1 739 $1 813 $4 066 $2 395 $2 735 $5 063 $3 032 $1 954 $4.155 $2,518 $3,800 $3,670 .. $3,851 $4,270 $3,670 $3,116 $5,063 $2,625 $1,813 RANGE 1012 1028 2006 1026 1000 4024 2024 2004 2032 2024 1044 2002 1042 3002 4016 4000 4024 5000 1048 6000 1008 2000 4016 4016 1028 1038 2000 4016 3002 3002 2026 1044 1030 3000 1016 2014 1048 1000 1004 2032 1028 1042 3014 2002 1010 3000 1034 2024 2020 2026 3004 2020 2006 3014 1038 1004 EXEMPT/ NON/EXEMPT NE NE NE NE NE E NE NE E NE NE NE NE E E E E E NE E NE E E E NE NE E E E E E NE NE E NE E NE NE NE E NE NE E NE NE E NE E NE E E NE NE E NE NE Augtat 7, 1993 ITEM NO. I 1 APPROVAT. CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer July 27, 1993 Release Faithful Performance Warranty Bonds and Material and Labor Bonds in Tract No. 20154 PREPARED BY: Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of street, and sewer and water system Faithful Performance Warranty Bonds, and Material and Labor Bonds in Tract No. 20154 ,and DIRECT the City Clerk to release the Faithful Performance Warranty Bonds and so advise the Clerk of the Board of Supervisors to release the Material and Labor Bonds. BACKGROUND: On June 17, 1986 the Riverside County Board of Supervisors entered into subdivision agreements with: The Toman Company 18002 Skypark Circle Irvine, CA 92714 for the improvement of streets and installation of sewer and water systems. Accompanying the subdivision agreements were securities, issued by First Nationwide Savings as follows: 1. Instrument of Credit No. 724-S in the amount of $377,500 to cover street improvements. Instrument of Credit No. 74-S in the amount of $75,500 to cover water system improvements. Instrument of Credit No. 74-S in the amount of $10,000 to cover sewer system improvements. Page I PwO2~gdrpt~S3~)727%TR20154 071493 Letter of Credit No. 744-S, in the amounts of $188,750, $37,750, and $51,000 respectively, to cover material and labor. On May 6, 1992 the City Council accepted these improvements, and accepted Faithful Performance Bonds posted in the following amounts for a one-year warranty period: Streets $37,750 Water System 7,550 Sewer System .10,200 The one-year maintenance period having passed, Staff recommends that the subject warranty bonds be released (Bond Nos. 57 8573, 57 8574, and 572 8575 as issued by Safeco Insurance Company of America). The developer is also required to post material and labor securities to ensure payment to suppliers and workers. These securities are maintained in effect for · period of time determined by statute after the Governmental Agency has accepted the public improvements. The Riverside County Transportation Department and the City Clerk indicate that no liens have been filed against this project. A period in excess of the statutory lien period having run, Staff recommends that these material and labor bonds also be released. The affected streets are Paseo Sonrise Del Sol, and a portion of Via Cueste AI Sol, South General Kearney Road, Via Puesta Del Sol, and Avenida Cima Del Sol. Attachments: Location Map Page 2 pwO2~agdrpt't93'~l:)727~,TR20154 071493 PORTION OF RANCHO TEMECULA LDG,kTII3N ~.F ITEM NO. 12 APPROVAL CITY ATTORNEy FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Scott F. Field/City Attorney July 27, 1993 A Resolution Designating Certain Classifications of City Officers and Employees to Exercise Arrest and Citation Authority for Violations of the Temecula Municipal Code RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING CERTAIN CLASSIFICATIONS OF CITY OFFICERS AND EMPLOYEES TO EXERCISE ARREST AND CITATION AUTHORITy FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE DISCUSSION: California Penal Code Section 836.5 requires that the City's Code enforcement officials be authorized by an ordinance of the City Council to issue citations for Municipal Code violations. Temecula Municipal Code Section 1.08.050 provides for such authority. However, according to Section 1.08,050, the Code enforcement officials must be designated by resolution of the City Council to exercise such authority. Attached is a proposed resolution designating certain city officers and employees as Code enforcement officials with citation authority for violations of the Municipal Code. FISCAL IMPACT: None. ATTACHMENTS: Proposed Resolution. RESOLUTION NO. 93 - A RESOLUTION OF ~ CITY COUNCIL OF THE-CITY OF TE/'~, CA/.JFORNI~, DESIGNATING CERTAIN CLASSIFICATIONS OF CITY OFFICERS AND EMPLOYEES TO EXERCISE ARREST AND CITATION AUTHORITY FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE WI:rE.~, Temecula Municipal Code Section 1.08.050 provides for the designation by resolution of the City Council of City officen and employees, other than peace officen, who are authorized by Penal Code Section 836.5 to enforce City ordinances by the exercise of arrest and citation authority; NOW, THEREFORE, BE IT RESOLVEn by the City Council of the City of Temecula, California as follows: Section 1. The Building Official, the Senior Building Inspector, and City Code Enforcement Officers shah have the arrest and citation authority conferred in Temecula Municipal. Code Section 1.08.050 for the violation of any Municipal Ordinance or any 'Temecula Municipal Code provisions. Section 2. All Resolutions in conflict herewith are hereby repealed and rescinded. Section 3. The City Clerk shah certify as to the adoption of this Resolution. PASSED, APPROVED, AND. ADOPTED this day of ,1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] R:~Rc,o~323 1 !'TEM NO. 13 ORDINANCE NO. 93.13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINEB INPLANNING APPLICATION NO. PA93-0043, CHANGING THE ZONE PROM R-R (RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON THE SOIYrltEAST CORNER OF YNEZ AND WINCHESTER ROADS, AND KNOWN AS PORTIONS OF ASSESSOR'S PARCEL NUMBERS 910-130046 AND 910-130-047. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE CALIFORNIA, DOES ORDAIN AS FOLLOWS: OF 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 zoning district as shown on the attached exhibit is hereby approved and ratified as part of the Official Zoning Map for the City of Temecula as adopted by the City and as may be amended hereafter from rime to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in Planning Application No. PA93-0043 (Change of Zone) and in the above rifle, and as shown on zoning map attached hereto and incorporated herein. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shah 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 shah take effect 30 days after the date of its adoption. Section 4. Section 5. The City Clerk shah certify the adoption of this Ordinance. .PASSED, APPROVE~D AND ADOFrED this 27th day of July, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] 5~ords~93-13 1 STATE OP CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEIv~CULA) I, June S. Greek, City Clerk of the City of Temecula, I-II~RI~.Ry DO CERTIFY that the foregoing Ordinance No. 93-13 was duly introduced and placed upon its tint rea__ding at a regular meeting of the City Council on the 13th day of July, 1993, and that thereafro, said Ordinance was duly adopted and passed a regular meeting of the City Council on the 2?th day of July, 1993 by the following roll call vote: AYES: NOES: ABSENT: COUN~MBERS: COUNC~MBERS: COUNCIL~v~-MBERS: June S. Greek, City Clerk S~ords\93*13 J CITY OF TEMECULA !i SC CASE NO.: PA93-0043 ~"'XHIBIT: L P.C. DATE: JUNE 7, 1993 CHANGE OF ZONE ITEM NO. 14- TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning July 27, 1993 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3 - Linfield School Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: It is requested that the City Council: Adopt a resolution entitled: RESOLUTION NO. 93-_. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING DEVELOPMENT AGREEMENT NO. 92-1, CHANGE OF ZONE NO. 21, AND TENTATIVE PARCEL MAP NO. 27314, AMENDMENT N0.3 TO ENSURE THE DEVELOPMENT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKILLED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSE AND DEDICATION OF A 2.3 NET ACRE PARCEL TO THE CITY OF TEMECULA FOR A SENIOR CITIZEN CENTER, A ZONE CHANGE FROM RoR (RURAL RESIDENTIAL} TO R-3 (GENERAL RESIDENTIAL) AND TO SUBDIVIDE A 96.7 ACRE PARCEL INT0 4 PARCELS AND A 48.4 ACRE REMAINDER PARCEL LOCATED EAST OF TEMECULA HIGH SCHOOL SOUTH OF RANCHO VISTA ROAD AND NORTH OF PAUBA ROAD. BACKGROUND Development Agreement No. 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 were on the Council's agenda June 8, 1993 and June 13, 1993. The applicant was not in attendance at the June 8, 1993 meeting, and requested a continuance from the June 13, 1993 meeting to the July 27, 1993 City Council meeting. FISCAL IMPACT None. Attachments: City Council Memorandum, July 13, 1993 - Page 2 City Council Staff Report, July 8, 1993 - Page 3 R:~S~STAFFRPT~314.CC2 7/19/93 idb 1 ATTACHMENT NO. I CITY COUNCIL MEMORANDUM JULY 13, 1993 R:~S~ST~';FRPZ~4.CC2 7/~9/93 Ua 2 TO: FROM: DATE: SUBJECT: APPROV L FCITY ATTORNEY . ~-// INANCE OFFICER CITY MANAGER ~, CITY OF TEMECULA AGENDA REPORT City Council/City Man~/~er Gary Thornh~l,~Di~ct~or of Planning July 13, 1993 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3 - Linfield School Prepared By: Salad Naaseh, Associate Planner RECOMMENDATION: It is requested that the City Council: Continue this item to the July 27, 1993 City Council meeting at the request of the applicant. BACKGROUND Development Agreement No. 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 were on the Council's agenda June 8, 1993. The applicant was not present at the June 8th meeting, and the Council continued the items to the July 13, 1993 City Council meeting. Subsequent to this continuance, the applicant requested a further continuance to the July 27, 1993 City Council meeting. FISCAL IMPACT None. ATTACHMENT NO. 2 CITY COUNCIL STAFF REPORT JULY 8, 1993 ~:~3~3TAFFRPt'~7314.CC2 7~19/93 Idle 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA -- AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning June 8, 1993 Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3 - Linfield RECOMMENDATION: It is requested that the City Council: Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING DEVELOPMENT AGREEMENT NO. 92-1, CHANGE OF ZONE NO. 21, AND TENTATIVE PARCEL MAP NO. 27314, AMENDMENT N0.3 TO ENSURE THE DEVELOPMENT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKILLED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSE AND DEDICATION OF A 2.3 NET ACRE PARCEL TO THE CITY OF TEMECULA FOR A SENIOR CITIZEN CENTER, A ZONE CHANGE FROM R-R (RURAL RESIDENTIAL) TO R-3 (GENERAL RESIDENTIAL) AND TO SUBDIVIDE A 96.7 ACRE PARCEL INTO 4 PARCELS AND A 48.4 ACRE REMAINDER PARCEL LOCATED EAST OF TEMECULA HIGH SCHOOL, SOUTH OF RANCHO VISTA ROAD AND NORTH OF PAUBA ROAD. BACKGROUND The Planning Commission made a motion to approve Development Agreement No. 92-01, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 3; however, the motion failed to pass on a 2-2 vote, resulting in a recommendation of denial with Commissioner Blair abstaining because of e conflict of interest. The Commission was concerned a bout the Development Agreement and the lack of environmental information, both of which resulted from the absence of a specific development proposal (i.e. Plot Plan). In the Commission's opinion, the Development Agreement was not flexible in regards to potential changes (i.e. lot sizes); they were also concerned that no specific project was proposed. It is necessary to provide a brief explanation on why a Development Agreement was for this ~:~STAFFRPT~21CZ.CC 7/19/93 kib 1 project. Since the development of this project as a senior housing complex required a zone change from R-R to R-3, staff was concerned about the potential development of the site as a high density apartment complex permitted under the R-3 zone. One way to insure the development of the site as a senior housing complex as opposed to high density apartments was to record a Development Agreement. As a result, the zone change is tied to the developer's performance on the construction of the project as specified in the Development Agreement. The Development Agreement requires the developer to comply with · Development Schedule, (refer to Exhibit "C" of Attachment No. 3, Page 20 which is within attachment No. 3 of this report). It was the Commission's opinion that because them was no specific project proposal, the environmental impacts of this project could not be adequately assessed (i.e. noise and light impacts from the two schools on either side of the project which might raise an issue regarding the compatibility of the project with the adjacent schools). Furthermore, the Traffic Study only assessed the impacts of 240 dwelling units on Parcel 2 where 380 units could ultimately be built. The two Commissioner's who voted for the project requested that the Development Agreement be simplified to just require the development of a senior housing project and to allow an opportunity to further mitigate the environmental impacts of the project at the Plot Plan stage. The other two Commissioners felt they could not recommend approval of this project without the benefit of a specific development project (I.e. plot plan). FISCAL IMPACT None. Attachments: 2. 3. 4. Resolution No. 93- - Page 3 Draft Planning Commission Minutes (April 5, 1993) - Page 7 Planning Commission Staff Report (April 5, 1993) - Page 8 Development Fee Checklist - Page 9 R:~TAFFR.PT~ICZ.CC 7119/93 Idb 2 ATTACHMENT NO. 1 RESOLUTION NO. 93- R:~,qTAPPRPT~ICZ.CC 7/19/93 klb 3 A~FACHMENT NO. 1 RESOLU~ON NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~IF. CULA DENYING DEV~JO~ AGIzE~M~'~FT NO. 92-1, CHANGE OF ZONE NO. 21, AND TENTATIVE PARCEL MAP NO. 27314, AMENDMENT NO. 3 TO ENSUR~ THE DE~O~ OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACHJTY, SKItJ.ED NURSING, PERSONAL CARE, A NINE HOLF- PRIVATE GOLF COURSE AND DEDICATION OF A 2.3 NET ACRE PARC~'3~ TO THE CITY OF TEVIECULA FOR A SENIOR CITIZEN CENTER, A ZONE CHANGE FROM R- R (RURAL RESIDENTIAL) TO R-3 (GENERAL RESIDENTIAL) AND TO SUBDIVIDE A 96.7 ACRE PARCEL INTO 4 PARCELS AND A 48.4 ACRE REMAINDER PARCEL LOCATED EAST OF TEMECULA HIGH SCHOOL, SOUTH OF RANClIO VISTA ROAD AND NORTH OF PAUBA ROAD. WHEREAS, Lin~eld School fled Development Agreement No. 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; W!~REAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on April 5, 1993, 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 denial of said applications; WHEREAS, the City Council conducted a public heating pertaining to said applications on June 8, 1993, at which time interested persons had opportunity to testify either in support or opposition to said applications; and WItEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the applications; NOW, TItIEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: P,:%S~STAF~RFI~21CZ.CC 7/19/93 Section 1. Findinl~s. That the Temecuh City Council hereby makes the following findings: A. Pursuant to Government Code Section 6.5360, a newly in~ city shall adopt a general plan within thirty (30) months fortowing 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 hw that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projeas 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 consi~_~ent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is llUle or no probability of substantial detriment to or intederence 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 hw and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (herelnaf~ "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest pertion 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 City Council in denying the proposed applications, makes the following findings, to wit: Ch~n[,e of 7nne No. 21 1. The impacts of the Change of Zone could not be determined on the surrounding properties due to insufficient information provided by the applicant. As a result, impacts such as glare, noise, and traffic likely to be increased by the proposed change of zone could not be adequately assessed and a presumption that the proposed zone change would have a negative impact on surrounding land uses was required to be made. Tentative Parcel Map No. 27314. Amendment No. 3 1. The Tentative Parcel Map could not be approved since the Change of Zone application was denied. Section 2. Conditions. That the City of T~mecula City Council hereby denies Development Agreement No. 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 to ensure the development of the project as s~nior housing, congregate care facility, .~ldlled nursing, personal care, a nine hole private golf COUl'~ and dedication of a 2.3 net acre parcel to the City of Temecula for a senior citizen center, a zone change from R-R (Rural Residential) to R-3 (General Residential) and to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel located east of Temecttla High School, south of Rancho Vista Road and north of Pauba Pond. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of June, 1993. AT'FEST: SAL MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS crrY OF TEMECULA) I I~IRERy 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 8th day of June, 1993 by the following vote of the City Council: CO~CILMF~~: NOES: CO~CIIAMF~ERS: CO~CH-MEMBERS: /UNE S. GI~ C1TYLIERK R:'~ff~qTAFFRFr~ICZ.CC 7/19/93 lib {~ ATTACHMENT NO. 2 PLANNING COMMISSION MINUTES (APRIL 5, 1993) P,:~STAPFRPT~ICZ.CC 7/19/93 k]b 7 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, APRIL 5, 1993 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, April 5, 1993, 6:00 P.M., 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Commissioner Chiniaeff. PRESENT: 3 COMMISSIONERS: Chiniaeff, Ford, Hoagland ABSENT: 2 COMMISSIONERS: Blair, Fahey Also present were Assistant City Attorney Tom Wood, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske, and Recording Secretary Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS ADDrOVal Of Aaenda It was moved by Commissioner Hoagland, seconded by Commissioner Ford to approve the Agenda. The motion carried as follows: AYES: 3 COMMISSIONERS: NOES: 0 COMMISSIONERS: ABSENT: 2 COMMISSIONERS: APProval of Minutes for February 1, 1993. Chiniaeff, Ford, Hoagland None Blair, Fahey It was moved by Commissioner Hoagland, seconded by Commissioner Ford to approve the minutes of February 1, 1993. The motion carried as follows: AYES: 3 COMMISSIONERS: Chiniaeff, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Fahey ~ PCMIN4/OSI93 - 1 - 419193 PLANNING COMMISSION MINUTES APRIL 5, 1993 ADDrOval Of Minutes for February 22.1993. Commissioner Hoagland asked that the minutes reflect the meeting of February 22, 1993 was a special meeting. Commissioner Ford asked that Page 4, Item No. 6, fourth paragraph, be corrected to read "...conduct free tours...". Commissioner Chiniaeff asked that Page 2, Items No. 2 and 3, 'be amended to reflect that the public hearings were opened and there were no requests to speak. It was moved by Commissioner Hoagland, seconded by Commissioner Ford to approve the minutes of February 22, 1993, as amended. The motion carried as follows: AYES: 3 COMMISSIONERS: Chiniaeff, Ford, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Fahey Approval of Minutes for March 1, 1993. Commissioner Ford abstained because he was not in attendance at the meeting of March 1, 1993. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to continue the approval of the minutes of the meeting of March 1, 1993 due to a lack of quorum.' The motion carried as follows: AYES: 2 NOES: 0 ABSENT: 2 ABSTAIN: 1 6:10 P.M. COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Commissioner Blair arrived. Chiniaeff, Hoagland None Blair, Fahey Ford PCMIN4105193 °2- 419193 ~, PLANNING COMMISSION MINUTES NON-PUBLIC HEARING ITEMS 3. Western BypaSS Corridor West side of Interstate 15, Four Lane Bypass Corridor. Don Spagnola presented the staff report. 6:15 P.M. Chairman Fahey arrived. Brent Muchow, representing NBS/Lowry, the consultant performing the alignment study, gave an overview of the proposed Western Bypass Corridor. Don Spagnola advised that two additional alignment proposals will be presented to the Council: one will have a slightly different elevation for the north and south bound lane and one will be without the bike lanes. Planning Director Gary Thornhill advised that this is a receive and file item which requires no formal Commission action. APRIL 5, 1993 Additional Extension Period For Plot Plan. Public Use Permits, and Conditional Use Permits Recommendation to amend Ordinance No. 348 to allow for two additional one year extensions of time. Senior Planner Debbie Ubnoske presented the staff report. Responding to the Commission's concerns relating to extending the life of County projects that the Commission has never reviewed, Ms. Ubnoske advised that no extensions of time had been filed on the eight County transfer cases which the Council has acted on and there are no outstanding County transfer plot plan cases. Ms. Ubnoske advised that it is staff's opinion the five-year approval process would benefit businesses by providing them additional time in which to obtain funding and begin construction. Commissioner Hoagland stated he feels the additional extension is too long. It was moved by Commissioner Blair, seconded by Commissioner Chiniaeff to direct the Planning Department staff to prepare a draft of the Amendment to Ordinance 348, section 18.28, 18.29 and 18.30 for Planning Commission consideration. The motion carried as follows: AYES: 4 COMMISSIONERS: Blair, Chiniaeff, Ford, Fahey NOES: I COMMISSIONERS: Hoagland ,,--, PCMIN4/05193 -3- 419193 PLANNING COMMISSION MINUTES APRIL 5.1993 Director's Hearina Cases Uodate Debbie Ubnoske reviewed 'the list of Director's Hearing Cases for February and March, 1993. This is an informational item with no action required of the Commission. Landscape Plan For Ynez Car Care Center (CUP No.2) Proposed landscape plan for Ynez Car Care Center located 200 feet north of the intersection of Ynez Road and Solana. Planner Matthew Fagan presented the staff report. Gary Thornhill advised that the applicant is requesting a reduction in the height of the screened plantinge because he does not feel the landscape will be effective in screening the bay doors. Director Thornhill stated it is staff's opinion that the impact of the building can be properly mitigated with landscape screening. Larry Gabele, 10706 Birchbluff Avenue, San Diego, provided a brief background on why the landscape screen wall was designed. Mr. Gabele stated that the landscape architect designed the landscape screen wall to reduce the view of the bay doors from the street, however the architect was unaware during the design process that the building was depressed six feet from the street level and a landscape screen wall will have no significant impact to the view of the bay doors from Ynez Road. Mr. Gabele stated that he is not requesting an elimination of landscaping, just a requirement for "normal" landscaping. Mr. Gabele presented a letter signed by Mr. Dan Atwood of Temecula Toyota supporting Mr. Gabele's request for a reduction in height of the landscape screen wall. Commissioner Hoagland stated that he feels if six foot landscape screening is not effective in screening the building from the street, staff should reevaluate the project considering ten or twelve foot landscape screening. Commissioner Chiniaeff stated the landscaping requirements which were omitted from the original design should be reinstated. He said he feels a substantial amount of landscaping could be placed back in the street parkway; recommended Liquidamber trees should replace the Holy Oak trees shown in the design plan; and the Sycamore trees should be planted along the southerly property boundary line and extended half way back the length of the property. Chairman Fahey suggested that an evergreen variety replace the Liquidamber trees to ensure year round screening. PCMIN4/05193 -4- 4~9~93 PLANNING COMMISSION MINUTES APRIL 5, 1993 Commissioner Blair clarified that it was the Commission's desire to see very mature trees planted. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to continue approval of the Landscape Plan for Ynez Car Care Center (CUP No. 2) and direct staff to work with the applicant to prepare a landscape plan which addresses the criteria requested by the Commission. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None PUBLIC HEARINGS ITEMS PA 93-0025. Minor Conditional Use Permit Proposal to locate a 3,700 square foot billiards parlor in an existing building in the Manufacturing Service Commercial Zone (M-SC). Planner Craig Ruiz presented the staff report and advised the Commission that Page 7, (C.) should be corrected to read "Pursuant to Section 18.28(e) ..... ". Craig Ruiz advised that staff had currently received only one letter of complaint and that from a local "similar" business in the area. Chairman Fahey opened the public hearing at 7:15 P.M. Mark Aspenson, WestMar, 27311 Jefferson Avenue, Suite 103, Temecula,-gave a brief overview of the project. Mr. Aspenson advised that the tenants in the development have all expressed their support of the project. Mr. Aspenson stated he feels there is adequate parking for the project in the back of the building and the project has been placed near that parking. Commissioner Chiniaef'f expressed concern that when the entire complex is rented, there will no longer be adequate parking. : Mark Aspenson stated that the complex was designed with substantial parking for the retail uses. Bruce Wade, applicant, High Society Family Billiards, advised the Commission that he owns several billlard locations and has not received a citation for selling alcohol to a minor. Mr. Wade also said he does not sell alcohol unless the customer is playing a game of pool. ./"' PCMIN4/05/93 -5o 4~9~93 PLANNING COMMISSION MINUTES APRIL 5, 1993 It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 7:30 P.M. and recommend Adootion of Resolution No. 93- 08, approving PA 93-0025, Minor Conditional Use Permit based on the Analysis and Findings contained in the staff report and subject to the Conditions of Approval. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None : Commissioner Chiniaeff restated that if parking becomes a problem for the center, the City may restrict or require additional parking be provided, and this could possibly impact future leases for the complex. e PA 93-0038. Minor Conditional Use Permit Proposal to convert an existing teen night club to an adult night club located at 28822 Front Street, Suite 203, Temecula. Planner Craig Ruiz presented the staff:report. Chairman Fahey questioned why the section on General Plan Consistency states that the site will likely be consistent with the City's future adopted General Plan, when the proposed use poses a threat to public health, safety and general welfare. Debbie Ubnoske suggested that a policy be added requiring that the site be consistent with the General Plan's future Land Use component. Chairman Fahey opened the public hearing at 7:30 P.M. Chuck Bell,:representing Industrial Developers, I 13 East Bay Avenue, Newport Beach, stated that the land use is contradictory in Items 1 and 4 and the applicant is proposing the legal use under the zoning of the site. He stated that staff did not include what would be detrimental to public health, safety and welfare, in drinking of alcohol in moderation.' Mr. Bell stated that he feels there is less use at the Teen Center, than there was at the Teen Nightclub. He added that he feels the project is a significant distance from the Skating Rink and the Teen Center. Mr. Bell corrected the staff report description of the property by amending the 10,140 square feet to 4,800 square feet. Mr. Bell stated that the applicant has received no opposition from existing tenants. Stoney Mitich, 28822 Front Street, Temecula, said that he feels the skating rink and the teen club are rarely used and the proposed club will not interfere with either of these projects. PCMIN41OSI93 4/9/93 PLANNING COMMISSION MINUTES APRIL 5, 1993 Leroy LeBlanc, 44041 Quiet Meadow Road, Temecula, spoke in opposition to the proposed project. Mr. LeBlanc stated that he experienced excessive noise and foot traffic during the operation of the teen nightclub. Don Alberts, 44089 Northgate Court, Temecula, spoke in opposition to the proposed project. Mr. Alberts advised that he also was negatively impacted by the teen nightclub. Mr. Alberts pointed out that he feels there was a relation to the opening of the teen nightclub and the increase in graffiti in his housing development. Stoney Mitich stated that during the operation of the teen nightclub, when there were complaints from neighbors, the club operators worked with the neighbors to rectify the problem. Commissioner Chiniaeff stated that the staff report indicates findings have been made which show that the project is not a compatible use, with the youth activities currently in the same area as the proposed project. Commissioner Blair concurred with Commissioner Chiniaeff. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to close the public hearing at 7:55 P.M. and Adopt Resolution No. 93-08 denying PA93-0038, Minor Conditional Use Permit, based on the analysis and findings contained in the staff report. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None Chairman Fahey declared a recess at 7:55 P.M. The meeting reconvened at 8:05 P.M. Develooment Aareement No. 92-1 (DA 92-1), Change of Zone No. 21 and Tentative Parcel MaD No. 27314 A request to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel, a Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula for a Senior Citizen Center, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential) located at Linfield Christian School, east of Temecula High School, south of Rancho Vista Road and North of Pauba Road. Commissioner Blair stepped down due to a conflict of interest and excused herself from the remainder of the meeting. /-'-- PCMIN4/OSI93 -7- 419193 PLANNING COMMISSION MINUTES APRIL 5.1993 Senior Planner Debbie Ubnoske presented the staff report. Ms. Ubnoske advised of minor changes to the Public Works Conditions of Approval and changes made to the Development Agreement by the Planning Department as follows: Page 6, 4.(b); Page 14, 16.3(e); and Page 15, 19.(f). Commissioner Chiniaeff expressed concern that the Development Agreement states that the environmental impacts of the agreement have been reviewed and the negative impacts have been mitigated, however no plot 'plan has been submitted. Commissioner Ford requested clarification that the approvals being requested are for the parcel map and zone change and that plot plans and C.U.Ps have to be submitted with other documentation at a later date. Planning Director Gary Thornhill clarified that the Development Agreement applies to the Tentative Parcel Map and the Change of Zone and not to a Plot Plan. Chairman Fahey expressed concern, that based on the conceptual plot plan, the applicant may not be able to realize the proposed densities for the project when all the issues adequately mitigated. Commissioner Chiniaeff raised the issue of whether the target density would allow up to 380 units. Planning Director Thornhill responded that the target density is 10, but the provisions that will regulate specify anything over 240 units will have to be completely mitigated with additional traffic studies and design. Chairman Fahey opened the public hearing at 8:25 P.M. Kim Eldridge, 41090 Avenida Verde, Temecula, Director of Development at the Linfield School, advised the Commission that the applicant understands that there will be a lot of issues that will come up at the plot plan stage, however they are willing to work with the .City in whatever respect they want to make sure the project is compatible with what the City wants. Mr. Eldridge told the Commission that the applicant is interested in getting the entitlement now and is willing to address specifics at a later stage. Commissioner Hoagland stated he feels the idea of a senior center between two high schools is an incompatible use. He also indicated concerns about approving the development agreement in its present form because of ambiguities in the language. Commissioner Chiniaeff stated that he is not opposed to the concept for this project but feels he does not have enough detail in the findings to make a decision on the overall compatibility of the project. Chairman Fahey stated that she has no problems with the concept of the proposed project, however she is not satisfied with the language in the Development Agreement. PCMIN4105193 -8- 4~9~93 PLANNING COMMISSION MINUTES APRIL 5, 1993 Commissioner Ford expressed a desire to eliminate the Development Agreement as currently presented, and stated that he feels there is not enough information to give a full environmental clearance. He suggested that a high density senior project with supporting uses might be the appropriate zoning designation. Assistant City Attorney Tom Wood suggested the Commission may wish to impose restrictions on the zoning to reflect the senior citizen housing use and forward the project to the City Council for action on the Negative Declaration, Tentative parcel Map and the Development Agreement with their comments.on the pros and cons of the project. Planning Director Thornhill advised the Commission they could refer this item back to staff for clarification of issues regarding the Development Agreement or continue the item and request the applicant to apply for a plot plan. Assistant City Attorney Wood summarized that the intent of the Development Agreement was to retain discretion with the City, to review specifics of the project and to impose additional conditions to mitigate impacts, identified at the time the project specifics are addressed. The property owner, in this way, may be granted a change of zone, but the City may be assured that nothing other than a Senior Citizen project can be built under that zoning. It was moved by Chairman Fahey, seconded by Commissioner Ford to recommend to the City Council Change of Zone No. 21 and Tentative Parcel Map 27314, Amendment No. 3, provided the Development Agreement is rewritten to reflect the original intention which was to restrict the project to a senior project, requiring full mitigation of all issues at the plot plan stage. The motion failed to carry for lack of a majority vote as follows: AYES: 2 COMMISSIONERS: Ford, Fahey NOES: 2 COMMISSIONERS: Chiniaeff, Hoagland ABSENT: 0 COMMISSIONERS: None ABSTAIN: I COMMISSIONERS: Blair PLANNING DIRECTOR'S REPORT Planning Director Gary Thornhill advised of the following: Advised the Commission of the outcome of a Old Town Specific Plan meeting for property owners. Director Thornhill advised that the next meeting will be on April 7, 1993. ~ PCMIN4/05193 °9- 4~9~93 PLANNING COMMISSION MINUTES APRIL 5, 1993 Distributed a memorandum from Brian Loew, Executive Director of the Riverside County Habitat Conservation Agency, regarding the listing of the California Gnatcatcher as an endangered species. Installation of the Sierra Tracking System has been completed at City Hall. Invited the Commissioners to review the Draft Budget prepared for the Planning Department. PLANNING COMMISSION DISCUSSION Commissioner Hoagland commented that he had read an article in the Planning Commissioner Journal titled "How Well Do You Use Your Time" and Commissioner Hoagland complimented staff on their ability to use the time spent at the meetings very well. OTHER BUSINESS None ADJOURNMENT Chairman Fahey declared the meeting adjourned at 9:20 P.M. The next regular meeting of the City of Temecula Planning Commission will be held on Monday, May 3, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. tary Cha:rm~ly PCMIN4/05193 -10- 4t9193 ~ ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT (APRIL 5, 1993) R:~S\STAFFRFI'~IC2;.CC 612/93 kro 8 PLANNING COMMISSION MINUTES and the :lub are rarely used and the proposed club will of these pro s. APRIL 5, 1993 skating rink interfere with either Leroy LeBlanc, )41 Quiet Meadow Road, Temecula proposed project. r. LeBlanc stated that he experie~ traffic during the opE ttion of the teen nightclub. }oke in opposition to the excessive noise and foot Don Alberts, 44089 project. Mr. Alberts nightclub. Mr. Alberts the teen nightclub and the ate Court, Temecula ;ed that he also wl out that he feel: in graffil in opposition to the proposed negatively impacted by the teen was a relation to the opening of his housing development. Stoney Mitich stated that durin complaints from neighbors, the rectify the problem. of the teen nightclub, if there were would work with the neighbors to Commissioner Chiniaeff stated tha~ ~ff reports indicates findings have been made which show that the project is ible use, with the youth activities currently in the same area as the project. Commissioner Blair concurn with Commissio er Chiniaeff. It was moved by Co~nmi Io~ Chin aeff, seconde by Commissioner Ford to close the public hearing at 7:55 .M. ~ ~d Adopt Resolution o. 93- denying PA93-0038, rMe~3r~.Conditional Ij~', based on the analysis a findings contained in the staff The motion cart' c as follows: : ~l~re Chlmaeff For Hoagland Fahey . : . . · : . . Chairman declared a recess at 7 55 P M Th 05 P M 9. Development Agreement No. 92-1 (DA 92-1 ), Change of Zone No. 21 and Tentative Parcel Mao No. 27314 A request to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel, a Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula for a Senior PCMIN4/05/93 -7- 4~9~93 PLANNING COMMISSION MINUTES APRIL 5.1993 Citizen Center, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential) located at Linfield Christian School, east of Temecula High School, south of Rancho Vista Road and North of Pauba Road. Commissioner Blair stepped down due to a conflict of interest and excused herself from the remainder of the meeting. Senior Planner Debbie Ubnoske presented the staff report. Ms. Ubnoske advised of minor changes to the Public Works Conditions of Approval and changes made to the Development Agreement by the Planning Department as follows: Page 6, 4.(b); Page 14, 16.3(e); and Page 15, 19.(f). Commissioner Chiniaeff expressed concern that the Development Agreement states that the environmental impacts of the agreement have been reviewed and the negative impacts have been mitigated, however no plot plan has been submitted. Planning Director Gary Thornhill clarified that the Development Agreement applies to the Tentative Parcel Map and the Change of Zone and not the Plot Plan. Chairman Fahey expressed concern that based on the conceptual plot plan, the applicant will not be able to get the proposed densities for the project with all the issues adequately mitigated. Chairman Fahey opened the public hearing at 8:25 P.M. Kim Eldridge, 41090 Avenida Verde, Temecula, Director of Development at the Linfield School, advised the Commission that the applicant understands that there are a lot of issues that will come up at the plot plan stage, however they are willing to work with the City in whatever respect they want to make sure that the project is compatible with what the City wants. Mr. Eldridge told the Commission that the applicant is trying to get the entitlements initially. Commissioner Hoagland expressed that he feels the idea of a senior center between two high schools is an incompatible use. Commissioner Chiniaeff stated that he does not,have enough detail in the findings to make a decision on the compatibility of the project. Chait"man Fahey stated that she has no problems with the concept of the proposed project, however she is not satisfied with the language in the Development Agreement. Planning Director Thornhill advised the Commission they could refer this item back to staff for clarification of issues regarding the Development Agreement or continue the item and request the applicant to apply for a plot plan. PCMIN4105/93 -8- 4~9~93 PLANNING COMMISSION MINUTES APRIL 5, 1993 It was moved by Chairman Fahey, seconded by Commissioner Ford to recommend to the City Council Change of Zone No. 21 and Tentative Parcel Map 27314, Amendment No. 3, provided the Development Agreement reflectsthe original intentions which were to restrict it to a senior project, requiring full mitigation of all issues at the plot plan stage. The motion carried as follows: AYES: 2 COMMISSIONERS: Ford, Fahey NOES: 2 COMMISSIONERS: Chiniaeff, Hoagland ABSENT: 0 COMMISSIONERS: None ABSTAIN: I COMMISSIONERS: Blair PLANNING DIRECTOR'S REPORT Planning Director Gary Thornhill advised of the following: Advised the Commission of the outcome for property owners. Director Thornhill on April 7;. 1993. a Old Town Specific Plan meeting that the next meeting will be Distributed a memorandum from Briaj County Habitat Conservation Age~ Gnatcatcher as an endangered s Installation of the Sierra Tracki Invited the Commissidners De pa rtme nt. ", .oew, Executive Director of the Riverside regarding the listing of the California System has been completed at City Hall. Draft Budget prepared for the Planning PLANNING COMMISSION DISCUSSI~ Commissioner Hoagland commentE Journal titled "How Well Do You staff on their ability to use the Your spent at lad read an article in the Planning Commissioner and Commissioner Hoagland complimented meetings very well. OTHER BUSINESS None PCMIN4/O5193 -9- 419193 MEMORANDUM TO: Planning Commission FROM: Gary Thornhill, Director of Planning DATE: April 5, 1993 SUBJECT: Development Agreement No. 92-1, Change of Zone No..21, Tentative Parcel Map No. 27314, Amendment No. 3; Linfield School Prepared by: Saied Naaseh RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3; and ADOPT Resolution No. 93-. recommending Approval for Development Agreement No.' 92-1, Change of Zone No. 21, and Tent. ative Parcel Map No. 27314, Amendment No. 3 based on the Analysis and Findings contained in the Staff Report, subject to the attached Conditions of Approval and subject to the City Council action on changing the land use designation of Parcel No. 2 from public Institutional to High Density Residential prior to adoption of the General Plan. '. BACKGROUND This project was continued from the March 1, 1993 Planning Commission meeting. At the March 1, 1993 meeting, two commissioners were absent and one stepped down due to a conflict of interest. Although an action could have been taken, the Commission recommended a continuance to allow for all the commissioners to hear the item. The public hearing was opened by the Commission and one person from the audience expressed some concerns about the conceptual site plan for the Linfield School site which was not under consideration that night. R:%S~STAFFRFl'%27314.pC2 3/31/93 tie ANALYSIS The only changes to the 'March 1, 1993 staff report are to the Public Works' conditions of approval. These changes are very minor. The changes to the conditions of approval are for clarification purposes and do not change the content of the conditions. Staff is also recommending three changes to the Development Agreement. Following are the recommended changes to the D.evelopment Agreement: PaQe 14 · -. "16.3.(e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code." Staff is recommending that this be deleted. Page 6 "4.(b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Donoity Residential or Public Institutional, and amending the zoning to Singlc Family Residential (R 1 ) or Public Institutional." Staff is recommending that the amended language be approved. PaQe 15 "19.(f) Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Public Institutional Institutional or Low. Medium Density Residential, and amend the zoning to Public Institutional Singlc Family Residential (R 1 ); Owner further agrees to such amendments." Staff is recommending that the amended language be approved. Attachments: 2. 3. 4. 5. 6. Resolution No. 93- - Blue Page 3 Conditions of Approval - Blue Page 9 Development Agreement - Blue Page 26 Planning Commission Minutes, March 1, 1993 - Blue Page 27 Memorandum to Planning Commission, March 1, 1993 - Blue Page 28 Planning Commission Staff Report, March 1, 1993 - Blue Page 29 R:~S~STAFFRFT~7314.PC2 3/31/93 tie 2 ATTACHMENT NO. 1 PC RESOLUTION NO. 93-' R:%S~STAFFFIPT~7314.PC2 3/31/93 tie 3 PC RF-~OLUTION NO. 93- A RF-~OLUTION OF THE PLANNING COMM~gSION OF ~ CITY OF ~RECOMMENDING APPROVAL OF DEVELOPMENT AGREII~ENT NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE Tnr. ZONING FROM R-R TO R-3, AND TENTATIVE PARCEt. MAP NO. 27314, ~I~'~'T NO. 3 TO SUBDIVIDE A 96.9 ACRE PARCh, fifo FOUR (4) PARCELS ANn A REM,4d ER PARCEL SUBJECT TO THF. CITY COUNCIL ACTION ON CHANGING ~ LANI) USE DESIGNATION OF PARCEl. NO, 2 OF TENTATIVE PARC$'-I. MAP NO, 27314, ~MENT NO. 3 FROM PUBLIC INSTITUTIONAL TO HIGH-DENSITY !~E~IDENTIAL LOCATEn NORTH OF PAUBA ROAD, SOUTH OF RANClIO VISTA ROAD AND FAST OF ~ TEMECUIA VALLv. y mGH SCHOOL, W]IEREA$, The Linfield School filed Development Agreement No. 92-1, Change of Zone No. 21 and Parcel Map No. 27314, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WItF. REAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on April 5, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WH'F-REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; . . NOW, THF-RF-FORE, TBY. PLANNING COMMISSION OF ~ CITY OF TE.MECULA DOES RESOLVE, DETER.MINE AND ORDER AS FOLLOWS: Section 1. Finndings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant-to Government Code Section 65360, a newly incorporated city shah adopt a general plan within thirty (30) month~ 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, ff all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the R:\S%STAFFRP1'~7314.PC2 3/31/93 tim 4 2. The planning agency fin&, 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 propo~ being considered or studied or which will be studied within a reasonable time. b.' There is litfie or no pwbability 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 6eneral Plan, as mended by the Southwest Area Community Plan, (hereinafter 'SWAP*) was adopted prior to the incorporation of Temecuh 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 Planning Commission in recommending approval of said applications'makes the following findings, to wit: Development Agreement No. 92-1 General Plan. The City is proceeding in a timely fashion with the preparation of its 2. There is a reasonable pwbability that the project will be consistent with the general plan proposal presently being considered subject to the City Council approving a 'High-Density Residential designation for Parcel No. 2 of Tentati.ve ParceI Map No. 27314, Amendment No. 3, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. 3. There is tittle or no pwbability of substantial detriment to or interference with the future adopted general plan if the pwject is ultimately inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. 4. The project complies with all other applicable requirements of state hw and local ordinances. 5. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the pwject. R:%S\STAFFFIP~27314.PC2 3/31/93 tie ~ 6. No other miti~tion measures for environmental impacts created by the project, as presently approved shall be required for development of the project unless mandated by laws. 7. The City may, pursuant to and in accozdan~ with its rules, regulations, and ordinances, conduct an environmental a~*vlew of subsequent discreti~ entiflcments for the development of the property or any changes, amendme/itS, or modifications to the propcity. The City, as a result of such review, may impose additional measures (or conditions) on studies to nfitigate as. pcrntittcd by law the adverse environmental' impacts .of. such development' entitlement which Were. not considered or mitigated at the time of approval of the project. Change of Zone No. 21 1. There is a reasonable probability that Change of Zone No. 21 will be' consistent with the City's ftm~ General Plan subject to the City Council approving a High- Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with. State Law, due to the fact that the future development of the site will be controlled by a .Development Agreement which is consistent with City'S policies for the new General Plan. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. Tentative Parcel Ma~ No. 27314. Amendment No. 3 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 3 will be consistent with the City's future General Plan subject to the City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State law. The pwject, as conditioned, conforms 'with existing applicable city zoning ordinances and development standards. 2. There is not a likely probability of substantial detriment to, or interference with the City' s future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). e health or welfare. The project as designed and conditioned will not adversely affect the public R:\S%STAFFRPT~7314.PC2 3/31/93 tim 6 S. The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and. the existing and propose~. single-fam~y dwellings to the north and south. 6. The pwjea has acceptable access to dedicated rights-of-way which are open W, 'and useable by, vehicular Uaf~. The project draws access from Pauba Road and Rancho Vista Road, improved detJic~tte6 City rights-of-way. Pwjea access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. 7. The proj~:t as designed and conditio~ed will not adversely affect the built' or natural environment as determined in the Environmental Analysis' for thin pwject. 8. Said fmdings are supported by minutes, maps, exhibits and environmental documents associated with thin application and herein incorporated by rderenee, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Appwvai. F. As conditioned pursuant to Section 3, the 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 project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a mitigated Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecuh Planning Commission hereby recommends appwval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 located north of Pauba Road, south of Rancho Vista Road and east of the Temecula Valley High School subject to City Council appwval of a High- Density Residential designation for Parcel No. 2 of Parcel Map No. 27314, Amendment No. 3 and subj~t to the following conditions: A. Attachment No. 3, attached hereto. R:%S%STAFFRPT~7314.PC2 3/31/93 tim 7 Section 4. PASSED, APPROVEr~ AND ADOPTED this 5th day of April, 1993. I HERI~,Ry CERTIFY that the foregoing Resolution .Was daly adopted by the Plsnning Commission of the City of Temecula at a re~uhr meeting thereof, held on the 5th .day of April, 1'993 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: G~Y~ORNI-rn-~, S~RET~Y R:~S~STAFFRP~27314.pC2 3/31/93 tie 8 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:%S%STAFFRPT~7314,pC2 3/31~83 tie 9 CITY OF TEMECULA e CONDITIONS OF APPROVAL Tentative Parcel Map No. 27314, Amendment No. 3 Project Description: To create four (4) parcels and a remainder parcel Assessor's Parcel No.: 955-020-002 Approval Date: Expiration Date: -- PLANNING DEPARTMENT WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT 1. The aPPlicant/developer shall deliver to the Planning Department a cashier's check or money order payable to the County Clerk in the amount of One Thousand Three Hundred dollars (91,300.00), which includes the On Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Fifty. Dollar (950.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations 15075. If within such forty- eight (48) hour period the aPplicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted her.in shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c).. GENERAL REQUIREMENTS e e The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 27314, Amendment No. 3, 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. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. The project and all subsequent projects within this site shall be subject to Development Agreement No. 92-1. R:~S~STAFFRPT~7314.pC2 3/31/93 tie 10 10. 11. The applicant shall consult the Army Corps of Engineers and the California Department of Fish and Game prior to designing the site plan for the project to mitigate the impacts to the wetlands as identified in the Figure 2 of Biological Report which includes the unveCietated alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be submitted to the Planning Department along with the Plot Plan or Conditional Use Permit applications. These applications shall not be deemed complete without the proof of consultation with both of these agencies. All .development proposals within this project shall be subject .to further approvals of the City of Temecula which include but are not limited to Plot Plans and Conditional Use Permits. A full disclosure shall be made to all prospective residents, whether buyers or renters, that the existing Temecula Valley High School football stadium, tennis courts and other related facilities will be used extensively for ball games, practices, rock concerts and community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecula Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of initial marketing and through individual grant deeds. The specific form of the disclosure shall be approved by the Planning Director and the City Attorney prior to issuance of building permits. The proposed project will be impacted by the Temecula Valley High School stadium noise and light. The following shall be implemented prior to approval of any Plot Plans or Conditional Use Permits: A noise study shall be submitted. This study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. Tests shall be conducted during sporting events and other special events scheduled for the stadium. A light impact study shall be submitted. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These .mitigation measures shall reduce the impact to a level of insignificance as determined by the Planning Director. The entrance gates to the private roads in the multi-family senior complex, if proposed, shall be set back sufficiently to allow for stacking of cars to avoid blocking the rightrof- way. This condition shall be complied with prior to approval of the Plot Plan. A pedestrian friendly circulation system shall be designed to separate the pedestrian and auto circulations by linking parking lots, building and recreation areas together by accent paving, cross walks, lighting, landscaping and signage. R:%S%STA~7314.PC2 3/31/93 tjs 11 12. PRIOR 13. 14. 15. 16. 17. The architecture and-the landscaping of the project shall take into account the surrounding single-family units and schools and effectively buffer them with landscaping or create a pleasing facade to the neighboring properties especially the single'family units. TO ISSUANCE OF GRADING PERMITS A Mitigation Monitoring Program shall be submitted to and approved by the Planning Director. A copy of tl~e ROugh Grading plans shall be submitted ~o and approved by the Planning Director. A Biology Study shall be prepared for the subject property by a Biologist and submitted to the Planning Director for review. Should Stephens' Kangaroo Rat (Dipodomys' stephensi) habitat or other sensitive habitat be determined to exist upon the site, then mitigation measures shall be included in the Mitigation Monitoring Program. If no habitat is determined to exist, then 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. A qualified Paleontologist/archaeologist shall be chosen by the developer and approved by the Planning Director for consultation and comment on the proposed grading with respect to potential paleontological/archaeological impacts. Should the paleontologist/archaeologist find potential is high for impact to significant resources, 19rior to commencement of the grading operations a meeting between the paleontologist/archaeologist, Planning Director staff and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recover. y of fossils. The following shall be submitted to and approved bY the'Planning Director: A. A copy of the Conceptual Landscape Plans to include: (1) Drought tolerant plants. (2) All plants meeting the following minimum size requirements: (a) All trees shall be a minimum of 15 gallon with at least 50 percent of trees with a minimum of 24 inch box. (b) All shrubs shall be a minimum of 5 gallons. (c) All ground cover shall be a minimum of 8" on the center R:%S%STAFFRPT%27314.PC2 3/31/93 tim 12 (3) (4) Landscaping for the following: (a) The golf course. (b) Typical slope conditions. (c) Private common areas including all improvements. (d) Shrub planting to completely screen perimeter walls .adjacent to. a public right-of.way equal to sixty-siX (66) feet or larger. Parkways. All other interior landscaping. Screening the residences on Parcel No..2 from the stadium with a combination of different species of fast growing and tall trees. All existing trees. Any existing trees that are removed as a result of this project shall be replaced with a ratio of 5:1. This replacement shall be over and above other ordinance requirements? (5) (e) (f) (g) (h) Hardscaping for the following: (a) Pedestrian trails within private common areas. The height, location and the following materials for all walls and fences: (a) (b) DecOrative block for the perimeter of the project adjacent to a public right-of-way equal to sixty-six (66) feet or larger. (c) Wrought iron or decorative block and wrought iron combination to take advantage of views. Wood fencing shall be used only in the interior of the project. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans. A Security Performance Bond shall be secured with the Planning Director to insure the installation of landscaping along the westerly property line to screen the high school stadium immediately after grading operations have been completed. PRIOR TO RECORDATION OF THE FINAL MAP 18. The following shall be submitted to and approved by the Planning Director: A. A copy of the Final Map R:%,St, STAFFRPT'~7314.PC2 3/31/93 A copy of the Rough Grading Plans A copy of the Environmental Constraint Sheet (ECS) with the following notes: (1) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. (2) The 100 year flood plain areas shall be delineated. ' ' (3) Drainage easements shall be kept free of buildings and obstructions. (3) (4) A fifty (50) foot wide easement shall be recorded on both sides of the wetland habitats as identified in the Biological Report and shall be designated a biological open space. The area within this easement may be incorporated into the design of the golf course. (This condition may be waived by the Planning Director if the applicant submits proof of mitigation acceptable to the Department of Fish and Game and the Army Core of Engineers that waves the requirement for this easement). A copy of the Covenants, Conditions, and Restrictions (CC&R's) (1) (2) CC&R's shall be reviewed and approved' by the Planning Department. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the-duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. R:%S%STAFFFIFT%27314.pC2 3/31/93 tie 14 PRIOR TO ISSUANCE OF BUILDING PERMITS 19. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer/owner or his/her successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one- hundred dollars (~100.00) per lot/unit shall be deposited with the City as mitigation for public library development. 20. A $400.00 per dwelling unit fire mitigation fee shall be assessed prior to issuance of 'building permits. 21. A phasing plan shall be submitted to and approved bY the Planning 'Director for the installation of the landscaping for parcel 2. 22. Roof-mounted mechanical equipment shall not be permitted within the of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. 23. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans shall be submitted and approved. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS 24. If deemed necessary by the Planning Director, the applicant shall provide additional landscaping to effectively screen various components of the project. 25. The applicant shall sign an agreement and/or post a bond with the City to insure the maintenance of all landscaping within each parcel for a period of one year. 26. All the conditions of approval shall be complied with to the satisfaction of the Director of Planning, Public Works, Community Services and Building and Safety. 27. All landscaping for parcels 1,3 and 4 shall be installed. 28. The landscaping for parcel 2 shall be installed according ~.o a phasing plan. PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS 29. It is understood that the developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 30. A Grading Permit for either rough or precise (including all on-site flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. R:%S%STAFFRFT~.?314.PC2 3/31/93 tie 15 31. 32. 33. PRIOR 34. 35. 36. 37. 39. 40. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right:of-way. All improvement plans, grading plans, and landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. . 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. TO ISSUANCE OF GRADING PERMITS " A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and' Water .Conservation District for approval prior to recordation of the final map or issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. The final grading plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall 'be directed t0 the driveway by side yard drainage swales independent of any other lot. The developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. The developer shall receive written clearance from the following agencies: · · · · · · · · · San Diego Regional Water Quality Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shell be prepared by a registered Civil Engineer and submitted to the Department of Public Works for review' and approval. R:%S%STAFFRPT~7314.pC2 3/31/93 tie 16 41. 42. 43. 44. 45. 46. 47. 48. 49. 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 Department of Public Works. 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 Riverside County Rood Control and Water Conservation District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be .paid.. The developer shall obtain any necessary letters of approval .or easemen:is for any off~ site work performed on adjacent properties as directed by the Department of Public Works at no cost to any agency. The developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the developer shall provide adequate facilities as approved by the Department of Public Works. The developer shall protect downstream properties from damage caused by.alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement, or by incorporating on-site detention basin facilities such that the downstream 100-year 'Q' is not increased as a result of the development of this project. A drainage easement shall be obtained from the affected' property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. A permit from the Riverside County Flood Control 'and Water 'Conservation District is required for work within their right-of-way. A site balanced mass grading plan for the entire project shall be approved by the Department of Public Works prior to the issuance of any individual parcel's grading permit and the individual grading plan shall conform to the mass grading plan. Prior to the issuance of an individual parcel's grading permit, the associated future site plan shall be approved. It is understood that the project site plan as submitted is for the purpose of reviewing non-engineering issues. Specific engineering criteria will be evaluated with future site plan applications. Proposed future site plans shall include, but not be limited to, the following elements: Existing and proposed storm drain facilities shall be shown on the future proposed site plans along with associated easements. A drainage study shall be provided to indicate said facilities and verify the adequacy of existing R:~S~STAFFRFT~7314.PC2 3,/31/93 tie 17 50. 51. downstream facilities, otherwise the drainage study shall address the requirements for on-site detention facilities designed to accommodate the 100- year design runoff without negatively impacting the downstream facilities. Proposed and existing sewer mains and lift station(s) shall be shown on future site plans to ensure adequate service and readily available fall for the proposed project. C. Proposed' and existing water mains .shall be shown on future site plans to ensure that .service is readily available to the' proposed project. Private roads included in future site plans MUST be designed to meet City Public Road Standards or otherwise approved by the Department of Public Works. This should include but may not be limited to: Minimum road widths of 32-feet paved with 50-feet/60-feet right-of-ways or easements (shown on typical section). B. Knuckles being required at 90° 'bends' in the road. Separation between on-site intersections shall meet current City Standards (200-ft. minimum). Cul-de-sac geometrics shall meet current City Standards. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. Distance to the nearest existing off-site access point on Rancho Vista Road and Pauba Road shall be identified on the site plan. Identify whether gates will be proposed at entfances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works during the Site Plan review stage. All intersections shall be perpendicular (90°). All driveways providing access to two or more buildings shall be designed as a cul-de-sac or a loop road. The future site plan application for the Senior Center shall reflect the requirement for a turn-around at the end of the driveway or loop extended around the buildings. R:~S~STAFFRFT~7314.pC2 3/31/93 52. 53. 54.. PRIOR 55. 56. 57. The grading plan shall be designed to reflect the relocation of the existing reservoir on the easterly edge of the project to be wholly contained within the remainder parcel. The preliminary soils report submitted in conjunction with the project grading plan shall address the dike design necessary to accomplish this, The grading plan shall be designed to reflect the relocation of the existing access road to school facilities within the remainder parcel off-site. Site plan applications which include development impacts over and above those. identified in the approved Tentative Parcel Map/Development Agreement Traffic Study (dated June, 1992) shall include an updated traffic study. This study may include, and the Department of Public Works may condition, additional mitigation measures as warranted. TO THE ISSUANCE OF ENCROACHMENT PERMITS All necessary grading permit requirements shall have been completed and approved. Improvement plans including, but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall. be prepared by a registered Traffic Engineer on 24" x 36' mylar sheets and approved by the Department of Public Works..Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Ae' Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard Nos. 207/207A and 401 (curb and sidewalk). Ce Street lights shall be installed. along the public streets adjoining' the site in accordance with Ordinance No. 461 and shall be shown on the improvement plans as directed by the Department of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City Standard Nos. 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City Standard No. 113 or as otherwise approved by the Department of Public Works. All reverse curves shall include a 100-foot minimum tangent section or as otherwise approved by the Department of Public Works. R:\S\STAFFRF1~27314.PC2 3/31/93 tie 19 58. 59. 60. 61. 62. 63. PRIOR 64. 65. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through under-sidewalk drains. The minimum centerline grade for streets shall be 0.50 percent "or as otherwise approved by the Department of Public Works. .. Improvement plans per City Standards for the private meets or drives shall be required for review and approval by the Department of Public Works. All utility systems including gas, electric, telephone, water, sewer, and cable 'iV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public 'Works Department. ' A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. TO RECORDATION OF FINAL MAP Any delinquent property taxes shall be paid. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements within 18 months in conformance with applicable City Standards and subject to approval by the Department of Public Works: C. D. E. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals, and other traffic control devices as appropriate; Storm drain facilities; '- Landscaping (slopes and parkways); Erosion control and slope protection; Sewer and domestic water systems; and R:~S~STAFFRPT'~,7314.pC2 3/31/93 tie 20 66. 67. 68. 69. 70. 71. Undergrounding of proposed utility distribution lines. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: · · · · · · · · · · · · · · · San Diego Regional Water Quality Rancho California Water District Eastern Municipal Water District Riverside County Rodd Control and Water Conservation District City of Tomecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department CATV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish and Game Army Corps of Engineers All road 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 Department of Public Works. Complete half-street improvements in Pauba Road and Rancho Vista Road shall be provided, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 102 (88-ft/64-ft). The developer shall make a good faith effort to acquire the required off-site property interests, and if he/she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Sections 66462 and 66462.5. Such agreement shall provide for payment by the developer of all costs inc~J~red by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Pauba Road and Rancho Vista Road and so noted on the final map with the exception of those access points and intersections recommended per the approved Traffic Report and identified on the approved Tentative Parcel Map. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. R:~S\STAFFRPT~7314.PC2 3/31/93 t)e 2 1 72. Plans for a traffic signal shall be recommended by a registered Traffic Engineer and shall be signed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Pauba Road and Margarita Road and shall be included in the ~treet improvement plans with the second plan check submittal. 73. A school zone signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the school site within this project. This will be separate from the street improvement plans and will cover any and all · streets necessary to provide the appropriate signing an.d striping. 74. Prior to designing any of the above plans, contact the'Department of Public .Works fo~ the design requirements. ' ' · 75. 76. 77. 78. 79. 80. 81. 82. 83. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. A Transportation Demand Management program will be required. Corner property line cutoff shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. An easement for a joint use driveway shall be provided prior to approval of the final' map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. 'A note shall be added 'to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: The delineation of the area within the 100-year floodplain; Special Study Zones. The developer shall comply with all constraints which may be shown upon an ECS recorded with any underlying maps related to the subject property. R:%.S%STAFFRPT'~27314.pC2 3/31/93 tie :2:2 84. 85. 86. The developer shall deposit with the Department of Public Works a cash sum as established per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of the traffic signal mitigation fee, he may enter into ~ written agreement with the City deferring said payment to the time of issuance of a building permit. The developer shall notify the City's CATV Franchises of the Intent to Develop. CondUit shall be installed' to CA"IV Standards at time of street improvements, A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer, and City attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be submitted to the following Engineering conditions: A. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessaryto protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall pro. vide that if the property is not maintained in the Condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. (1) All parkways, open areas, on-site slopes and landscaping shall be permanently maintained by the association or other'means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. R:~S%STAFF~7314.PC2 3/31/93 tie 23 PRIOR 87. 88. 89. PRIOR 90. 91. 92. (2) Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. TO ISSUANCE OF BUILDING PERMITS A precise grading plan shall be submitted to the Department of Public Works for review and approval. 'The building pad shall be certified by a ~egistered Traffic Engineer for location and ele~/ation, and the Soils Engineer shall issUe a Final Soils Report addressing compaction and site conditions. " ' ' Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading' Standards, and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. The 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. The fee to be paid shall be 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. Concurrently with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be 82.00 per square foot, not to exceed 810,000. The 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). By execution of this Agreement, the developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. The traffic signal at Pauba Road and Margarita Road shall be installed and operational per the special provisions and the approved traffic signal plan. (At the developer's request, the City will enter into a reimbursement agreement for costs over and above the approved project's impacts, as dictated by future approved traffic studies.) R:%S%STAFFFIFT~7314.pC2 3/31/93 tie 24 93. All school zone signing and striping shall be installed per the approved school zone signing and striping plan. 94. The developer shall provide 'STOP" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 95. Landscaping shall be limited in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 96. Asphaltic emulsion (fog seal) shall be .aPplied only as directed by the Department of Public Works 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. OTHER AGENCIES 97. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittal dated July 1, 1992, a copy of which is attached. 98. The applicant shall comply with the fire improvement recommendations outlined in the County of Riverside Fire Department's letter dated May 4, 1992, a copy of which is attached. 99. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated March 12, 1992, a copy of which is attached. 100. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 7, 1992, a copy of which is attached. 101. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated March 2, 1992, a copy of which is attached. 102. The applicant shall comply with the recommendations' outlined in the. Temecula Community Services District transmittal dated August 12, 1992, a copy of which is attached. R:~S~STAFFRPT~27314.PC2 3/31/93 tim 25 ATTACHMENT NO. 3 DEVELOPMENT AGREEMENT R:;%STAFF. RPT~7314,pC2 3/3'1/~3 tie 26 RECORDED AT THE REQUEST OF City Clerk City of Temecula W~EN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 DE'v'BLOPM~T 3U31~ea, e~ CI'Z-Z OF TE~ECUI~ and TEE LINFI~LD SCI~OOL R:~STAFFRF'/'~',qRE..D.TWO Z!/31/93 Ijs - 2L - DEVELOPMENT CITY OF TEMECULA THE LINFIELD SCHOOL .This Development Agreement ('Agreement") is entered into to be effective on the date it is recorded with the Riverside County Recorder (the "Effective Date") by and among the' City of Temecula, a California municipal"corporation ('City") and .the persons and entities listed below ("Owner,): THE LINFIELD SCHOOL A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5 {"Development Agreement Legislation") which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property. B. Pursuant and subject to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries under which such property my be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into 'a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City. Council of City by. the obligations specified herein and further.limit the future- exercise of certain governmental.and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to .be fair, just and reasonable. F. City finds and determines that it will be in the best interests of its citizens and the public health,. safety .and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that its decisions be consistent with the R:~S'~TrA~'~.TWO 3~31~3 ~s - 2 - general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning.and Research are met. -'I. Pursuant to City Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City ResOlution No. 90-31, the City has adopted the Riverside County Southwest Area Co~mmnity Plan ("SWAP"), as a planning guideline during the preparation of the City's General Plan. ' J. The City Council of City hereby finds and determines.that: (1) The City is proceeding in a timely fashion with the preparation of its general plan. (.2) There is a reasonable probability that the Project will be consistent with the draft general plan proposal presently being considered. (3) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the Project is ultimately inconsistent with the plan. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property, as described in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3)'acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. 273-14. L. City and Owner-desire.that the Property be developed as a Senior Citizen Housing Development .as further described herein.. · M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development.of the Property or any changes, amendments, or modifications to the Property. The City, as a result of such review, may impose additional measures (or conditions} to mitigate as permitted by law the R:~TAFFRJYT~INF[F/,D.TWO 3~1~ ~s - 3 - adverse environmental impacts of such development entitlement which were not considered or mitigated at the tim~ of approval of the Project. (4) Should the Owner propose more than 240 dwelling units for parcel 2 of the property then the .environmental impacts of those additional units shall be evaluated, and the City may condition the project as .necessary to mitigate such additional units. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver tothe Planning department a check payable to the Count]~ Clerk in the amount of One Thousand Two Hundred Seventy=Five Dollars (1,300.00), .which ihcludes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($50.00) County administrative fee to enable the City to file the Notice of Determination required under · Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 0. City Council of City has approved this Agreement' · by Ordinance No. adopted on , 1993, and effective on , 1993. NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other' good and valuable.consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. Definitions. In this Agreement, unless the context.otherwise requires: (a) "Congregate Care Facility" is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City of Temecula. (c) "Development Approvals" means all those discretionary landuse entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals" means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including,' R:%S~STAFFRFT'~!NFIELD.TWO 3/31/93 tjs - 4 - without limitation, the "Existing Development Approvals" listed in Exhibit B which were approved by the City of Temecula. {g) "Land Use Regulations. means all ordinances, resolutians, codes, rules, regulations and official policies of City, governing the development and use of land including without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable.to the development of the Property which are a matter of public record on the Effective Date of this-Agreement. "Land .Use Regulations. does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) The conduct of businesses, professions, and occupations; (2) Taxes and assessments; (3) The control and abatement of nuisances; (4) The granting of encroachment permits and the conveyance of rights and interests which provide for.the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development. means a multi-family development intended for persons 55 years of age or older, as further defined at California Civik Code Section 51.3. (i) "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection.with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner. means the person having a legal interest in the Property; (1) "Subsequent Land Use Regulation. means any- Land Use Regulation adopted and effective.after the Effective Date of this Agreement. (m) "Property. is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: R:~'~TAFFRFr~!NI:1r:LD.TWO 3/31/93 ljs - 5 - Exhibit Des ignation A'- Description Legal Description of the Property Referred to in Paragraph K B Existing Development 1 (f), 15.2 Approvals C DevelOpment Schedule -. -- 9, 10 D Public Facility Fee .. 14.2 Agreement E Fee Credit 14.3 F Deed Restriction 10 G Development Plan 9 4. Term. · (a) The term of this Agreement shall coherence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Public Institutional, and amending the zoning to Public Institutional. (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit.or space shall be released and no longer be subject to this'Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or space as set forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations. R:~'TAFFRP~LINFIELD.TWO 3/31/93 tj, ' 6 ' 5. Assignment. 5.1 Right to ~-e~gn. The Owner shall have the right to.sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et~a~, or Riverside County Ordinance No. 460, as the same was incorporated by'reference into the Temecula Municipal Code by Ordinance No. 90-04) to.any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, trans[er, or assignment shall include. the assignment and .aSsumption of the rights, duties, and obligations arising under or from this Agreement and] be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made.together with the sale, transfer, or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing~ of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner.under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to' execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a .transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner has providedCity with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously providedby Owner to secure performance of its. obligations hereunder. R:'iSL~'TA~J r~.TWO ~t31/95 tjs - 7 - 5.3 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assigrune~t shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at 0wner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City ac-knowledges that the lenders providing such financing may'require certain' Agreement .interpretations and agrees upon-request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation. City will not unreasonably withhold its consent to any such requested interpretation provided such interpretation is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said interpretations and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish. or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given .to the Owner under the terms of this Agreement,.City shall.provide a copy of that notice to the Mortgagee within ten.(10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided R:~TA~~.TWO 3/31/93 Ijs ' 8 - that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. " (e) Any Mortgagee who c~nes into possession of the Property, or.any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or my have vested as a result of this Agreement. 7. Bindinu Rffect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to ~.the successors-in-.in~erest to the parties to it. 8. Relationship of Parties. It is understood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 9. Project Zoning. Pursuant to the Existing Development Approvals, the Project description contained at 'Section 16.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (~-3) to permit Project development. The land use designation under the City's Draft General Plan is Public Institutional and High Density Residential. The rezoning and proposed land use designation.is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of .the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) The parties acknowledge that Owner cannot at this time predict when, or the rate at which phases of.the Property will be developed'. Such decisions 'depend upon numerous factors which are'not within. the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives. harmless from liability for damage'or claims for damage for personal injury including death and claims for property damage R:~q~TAFFIUsT~LINFI~-t n. TWO 3/31/93 tjs -9- which may arise from the direct or indirect operations of the Owner or those of his contractor, subcontractor, agent, .employee or other.person acting on .his behalf which relate-to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been causedby reason of Owner's activities in connection with the Project. .This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered.by reason of the Operations referred to in this paragraph~ regardless of whether or not City prepared, supplied, or'approved plans or specifications or both for the Projectsand regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees tO indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement or the Project. 12. Litigation. 12.1 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, Predecessors-in-interest,.successors, assigns and independent contractors for any .violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene, solid or hazardous. waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including'attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, in its discretion, participate in the defense of any such action. 13. Third Party Litiqation Concerninq the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections '65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to R:~S\STAFFRPT~I,IN]qtLD.TWO 3/31/93 tin -10- develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Seation 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. ~,blic Benefits. ~,hlic v~provements and Facilities. 14.1 Intent. The parties acknowledge 'and agree that development of the Property will result in substantial public needs which will not be fully met by development of the Project and further acknowledge'and agree that this Agreement confers substantial private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 14.2 Impact Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount in effect at the time of payment of the fee. (The term "developer(s) of the Property or Project" as .used in this Section shall mean the person(s) who seeks a building permit to construct structures on the .Property. These individuals shall hereinafter be referred to as the "Developer,.) If an interim or final public facility mitigation fee or benefit 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 an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided for under the Land Use Regulations, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance NO. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. .. 1.4.3 Fee Credits and Schedule. In exchange for' the dedication of land, the construction of 'improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is-not waiving its right to protest the reasonableness of any interim or final Public Facility FeE, and the amount thereof. 15. Reservations of Authority. 15.1 Limitations. Reservations. and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property, including, but not limited R:~SX'TfA~.TWO 3r3]Y93 I~s - 11 - (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of progessing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, reco~nendation, appeals, and any other matter of procedure. (c) Regulations'governing construction standards and.specifications including, without limitation~ the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d) Subsequent Land Use Regulations which are not in conflict with the Project. 15.2 Subsequent Development Approvals. This Agreement shall.not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying · or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. 15.3 MOdification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 15.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does notlimit the authority of such other public agencies. 15.5 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et sea.) and Riverside County Ordinance No. 460, as the same was in6orporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement,' and the provisions in this R:~AF~n~T~L~D-TWO 3~1~ ~s - 12 - Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. '. 16.1 P~oject. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, up to 20dwelling units per net acre with a target density of 10 dwelling units per acre; (b) Nine (9). hole private golf.course for the sole use of'private residents on Parcel 2 of 'Parcel Map 27314; · (c) senior's Con~,~Lnity Center with a minimum of 3,500 square feet on Parcel I of the Parcel Map 27314; (d) Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Faciiities.on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Rights tO Develop. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in Section 16.1 and the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 Changes and Amendments. Notwithstanding Section 16.1, the parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change and. City shall process 'and act on such application in accordance with the Subsequent. Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor,, and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Project as a whole; or, (b) Increase the density or intensity of use of the Project as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d). Delete a requirement for the reservation or dedication of land for public purposes within the Project as a whole; or, R:~TAFFRFr~rFIBLD.TWO 3/31/93 ~a - 13 - (e) Constitute a project requiring. a Subsequent or Supplemental Environmental Impact Report purs. uant to Section 21166 of the Public Resources COde. 17. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it .may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from. the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. (b) During each periodic reviewby City,-the Owner is required to demonstrategood faith compliance'with the terms of the Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require.- 18. Amendment or Cancellation of A~reement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner.provided for in Government Code Sections 65868, 65867 and 65867.5. If the Amendment is requested by the Owner or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of Agreement.. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: ' (i) City does not waive any claim of defect in performance by Owne~ implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused because of a failure of a-third persom;.'and (iii)'Non-performance shall be excused only when it is prevented or delayedby acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in R:~AFFRFr~LINFIBLD.TWO 3~1/~ ~s - 14 - documented form, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the public h~aring, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Councilis right 'to make other determinations which are reasonably related to the Agreement. (d) The City Council'shall cause Owner to receive written notice of any action taken following the public hearing. (e) Within not less than thirty (30) days of receiving notice of the C~ty Council~s action, Owner shall be entitled to initiate an action in state court to seek judiciai1 review pursuant to California Code of'Civil. Procedure Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this 'Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Public Institutional and amend the zoning to Public Institutional; Owner further agrees to such amendments.. (g) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. Damages Upon Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for or claim any damages for breachof that Agreement by City. 21. Attorneys'. Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid~ Notice required to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 R:~\STAFFRPT~I]'~IT=LD.'~O 3/31/93 tim - 15 - Notices required to be given to Owner shall be addressed as follows: .To Owner: A party may change .the address by giving-notice in writing to 'the other party and ~hereafter notiues shall be addressed and. t~ansmitted to the new address. 23. Rule. of Construction and Miscellaneous Terms. (a) The singularincludes the plural; the masculine gender includes the feminine; "shall" is mandatory, "'may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement' · may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Aqreement. (e) This Agreement is made and entered into for. the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when.taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. Attest: By: MAYOR City Clerk R:~S~TAFFRF~L~PF[BLD.TWO 3;31~3 ~, - 16 - Approved as to form: City Attorney "OWNER" By: .. .. Name: .' Title: By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] ",TWO S~1~ ~ - 17 - EI~IBIT sac DESCRIPTION OF THE PROPERTY BEING A PORTION OF THE RANCH0 TEMECULA, AS GRANTED BY U.S. GOV'T TO LUIS VIGNES BY PATENT DATED 1-18-1860, AS SHOWN BY LIBER 1 PAGE 37, REC'S OF SAN DIECO CO., AN PARCELS 1,2,3-.OF P.M. 83/97- 100 REC'S RIVERSIDE CO. 'LOCATED IN THE CITY OF TEMECULA, CALIFORNIA. R:~q~TAFFRPTtI..INFIBLD.TTVO 3/31/93 Xjs - 18 - Tentative Parcel Map No. 27314 Change 6f Zone No. 21 R:kqkqTAFFRPT~INI~,I.,D.TWO 3/31/93 tjs - 19 - EXEIBIT wCw DEVELO~ Within five (5) years of the effective date of this -Development Agreement, Owner shall have substantially begun construction of each of the following uses: Twenty (20) dwelling unit~ of the Senior Citizen Housing Development, and The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction. shall mean obtaining a building permit and having an approved and inspected foundation· Prior to the issuance of the certificate of occupancy for the first unit of the multi-family senior housing complex, Owner shall have constructed and obtained a certificate of occupancy for the Senior Citizen Center, and shall have completed the Golf Course. "Completed the Golf Course" shall mean construction and completion of all structures, six months growth of the grass and certification of the course by a Licensed Landscape Architect. Within five (5) years of the effective date of this Development ~greement, Owner shall have recorded Parcel Map 27314 and have obtained all Subsequent Development Approvals for the Senior Citizen Housing Development, the Congregate care Facility, the Skilled Nursing Facility, the Personal Care Facility, and the Golf Course. Within the term of this Development Agreement, Owner shall have obtained certificates of occupancy for all buildings identified in the Subsequent Development Approvals. R:~S~TA~INFIBLD.TWO 3/31/93 tjs - 2 0 - PUBLIC FaCltXTr Fxm a~_~ R:~S~TAFFRP~LIN'I~'I~.D.TWO 3/31~)3 tjs _ ~_ '] _ EXHIBIT Fx~ CP-EDITS Upon obtaining a certificate of occupancy Owner shall .dedicate to the City the Senior Citizen Center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and completion of the Golf Course, Owner shall receive a ~ull credit against its Quimby Fees' required pursuant to. Riverside County Ordinance No. 460. RfiS\STAFFRIq'XLINFILD.TWO 3/31193 tjs DR~D PaEBTRICTTON RECORDING REQUESTED BY: WHEN RECORDRDMAIL TO: CI.TY CLERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECI/LA, CALIFORNIA 92590 DECLAPATI0~ OF ~STEICTIONS This DECLARATION OF RESTRICTIONS made this , 1992, by (. hereinafter referred to as "Declarant." .) day of WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "'Property"); and WHEREAS, Declarant intends to sell the.above described property, restricting it in accordance with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property.. 1. Land Use and Building Type. No person may occupy any dwelling'unit located on the Property'unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. T~rm. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a. period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation R:~S~STAFF~.TWO 3/31/93 !is - 23 - or to recover damages. The City of Temecula may enforce any covenant of this' Declaration. 4. Attorneys Fees. Should any party bring an action against the other for the' purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5.. Severability. Invatidation'.of any'one of these covenants by judgment or court order shall in no wise.. affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: R:%S~STAFFRF~L~qFIF3,D.I~VO 3/31;93 js - 2 4 - D'K'V~LOPMKNT R:\S~"TAFFRPT~.LINFIELD.TWO 3/31/93 ~js ' ~5 - ATTACHMENT NO. 4 PLANNING COMMISSION MINUTES, MARCH 1, 1993 R:%,S%STAFFFIPT'~Ta14,PC2 3/31/93 tj8 27 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 1, 1993 A regular meeting of the City of Temecula Planning Commission was called to order Monday, March 1, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Vice Chairman Billie Blair. PRESENT: 3 COMMISSIONERS': Blair, Chiniaeff, 'Hoagland' ABSENT: 2 COMMISSIONERS: Ford, Fahey Also present were Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske, Senior Planner John Meyer and Minute Clerk Gail Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. ADDroval Of AQenda It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to approve the agenda. The motion carried as follows: AYES: 3 NOES: 0 ABSENT: 2 COMMISSIONERS: Blair, Chiniaeff, Hoagland COMMISSIONERS: None COMMISSIONERS:· Ford, Fahey PUBLIC HEARING 2. ChanQe of Zone No. 23 Proposed zone change for a 6.1 acre i~arcei from R-3-4,000 to C-O. Located Qn the south side of Rancho California Road, al~proximately 450 feet east of the intersection of Via Las Coilhas and Rancho California Road. Matthew Fagan presented the staff report. /~' PCMIN03/01193 -1 - 3/10/93 PLANNING COMMISSION MINUTES MARCH 1. 1993 .Com. missioner Hoagland asked if the applicant has a plot plan. Safa Muhtaseb, 39930 Whitewood Road, Unit 106, Murrieta, owner and applicant, stated that he is working on the zone change at this time and when completed, the project will proceed to the engineering stage. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to close the public hearing .at 6:20 P.M. and Recommend Adoption of the Negative Declaration for Change of Zone No. 23 and Recommend Adoption of Resolution No. PC 93-04 recommending Approval of Change of Zone No. 23. The motion carried as fol'lows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey Outdoor Advertisine Disolav Ordinance Matthew Fagan presented the staff report. Commissioner Chiniaeff questioned why the provisions dealing with hardship cases were eliminated. Assistant City Attorney John Cavanaugh. advised that because it is difficult to determine what a hardship is, it leaves an opportunity for anyone to declare a hardship, therefore the City Attorney recommends deleting the hardship clause. Vice Chairman Blair opened the 'public hearing at 6:25 P.M. Commissioner Chiniaeff questioned if there is a "sunset"' clause on non-conforming signs. Assistant City Attorney Cavanaugh advised that non-conformity creates an issue where if the City required non-conforming signs to come down, the City would have to compensate the owner. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:25 P.M. and Adoot Resolution No. PC 93-05 recommending the City Council adopt the Ordinance No. 93 - {next) relative to outdoor advertising displays and deletion of language in Section 4(A) dealing with hardship cases. PCMIN03/01193 -2- 3/10193 PLANNING COMMISSION MINUTES .MARCH 1. 1993 The.motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey 4. Amendments to the Ordinance Requlatino Temoorarv Si0ns Dave Hogan presented the staff report. commissioner Chiniaeff suggested the following modifications: 1 ) Item 4, Page 15, be modified with a clearer definition of special events; 2) Old Town issues should be in conformance with the Old Town Specific Plan; and 3) Page 16, E(1) should provide examples of hardship cases. Dave Hogan advised that the Old Town section will be superseded by the Old Town Specific Plan when it is adopted. Assistant City Attorney Cavanaugh advised that hardship cases will be evaluated by staff. Vice Chairman Blair opened the public hearing at 6:35 P.M. Commissioner Hoagland said that he feels that none of the recommended changes should be made. He added that he feels a proliferation and/or continued proliferation of temporary signs takes away from the aesthetic appearance of the community and 274 days a year for allowable signage is excessive. Commissioner Hoagland suggested leaving the ordinance as is until the comprehensive sign ordinance is adopted. Commissioner Chiniaeff and Vice Chairman Blair'concurred. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:45 P.M. and recommend Denial of Resolution No. PC 93- 06recommending that the City Council amend portions of Ordinance No. 348 and 92- 16 pertaining to the regulation of temporary signs. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey PCMINO3/O1193 3/10/93 PLANNING COMMISSION MINUTES -MARCH 1, 1993 Develooment Aareement No. 92-1 (DA 92-1) Chanae of 7one No. ~1 and Tentative Parcel MaD No. 27314 A request to subdivide a 96.7 acre parcel into 4 parcels and a 48.4 acre remainder parcel, a Development Agreement to ensure the development of the project as senior housing, congregate care'facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential). 'i. infjeld Christian School. Vice Chairman Blair stepped down due to e conflict of interest based on the close proximity of her personal residence with the proposed project'. Commissioner Chiniaeff suggested continuing this item until all Commission members are present. Commissioner Hoagland opened the public hearing at 6:50 P.M. Roger D. Prend, 3788 McCray Street, Riverside, representing the applicant, agreed to continue the item for one month. Carmine A. Latrecchia, 31533 Corte Pacheco, Tamecalla, expressed concern that the access road, exits and enters off of Rancho Vista Road, which carries a high volume of traffic traveling at high rates of speed. Mr. Latrecchia asked for consideration with regards to the lighting of the sports fields, which will have a significant impact on his personal residence. Additionally, Mr. Latrecchia asked that the project provide adequate parking for special events. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue the public hearing on Development Agreement No. 92-1 (DA 92-1 ) Change of Zone No. 21 and Tentative Parcel Map No. 27314 to the meeting of April 5, 1993. The motion carried as follows: AYES: 2 COMMISSIONERS: Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Blair ABSENT: 2 COMMISSIONERS: Ford, Fahey PLANNING DIRECTOR REPORT None PCMINO3101/93 3/10193 PLANNING COMMISSION MINUTES PLANNING-COMMISSION REPORT None MARCH 1. 1993 OTHER BUSINESS None ADJOURNMENT Vice Chairman Blair declared the meeting adjourned at 7:00 P.M. The next regular meeting of the City of Temecula Planning Commission will be Monday, April 5, 1993, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman Linda Fahey Secretary /~' PCMINO310 1193 3~10193 ATTACHMENT NO. 5 MEMORANDUM TO PLANNING COMMISSION, MARCH 1, 1993 R:~S%STAFFRP'r~7334.PC2 3/31/93 f/8 28 TO: FROM: PREPA1H:~ BY: DATE: SUBJECT: Planning Commi.~sion - Gary Thor~m, Director of Planning Saied Naaseh, Associate Planner · March 1, 1~3 PA92-0001, CbanZe of Zone No. 21, Tentative Parcel Map No. 2B14, . Amendment No. 3 - Linfield School Staff recommends the following amendment to the Development Agreement: Page 6, Section 4.b. (b) Should the owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Modium Donsity Rcaidontial or Public Institutional, and amending the zoning to Single Family Residential (R 1) Public Institutional. Page 15, Section 19.f (f)' Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Public In~itutional or Low Medium Dcnsity Rcsidential and amend the zoning to Single Family Residential (R 1) Public In~itutional; Owner further agrees to such amendments. Furthermore, staff recommends the following amendments to the Conditions of Approval: Replace the word "Traffic" with "Civil" in Condition No(s) 35, 40, 63, 71 and 73. o Rephce the word "grade" with "grading" in Condition No. 52. Condition No. 44 shall read as follows: Plans for a traffic signal shall be recommended by a registered Traffic Engineer and shall be sign .ed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Puuba Road and Margaxita Road and shall be included in the street improvement plans with the second plan check submittal. R:x3~TAFFRF~IPA92.Mr~M 3/1/93 tjs ATTACHMENT NO. 6 PLANNING COMMISSION STAFF REPORT, MARCH 1, 1993 R:',S%STAFFRPT~Ta14.PC2 3/31/93 tie 29 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary.Thomhill, Director of Planning: March 1, 1993 ' Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3; I.infield School Prepared by: Saied Naaseh, Associate Planner RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 3; and ADOPT Resolution No. 93- 'recommending Approval for Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 3 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval and subject to the City Council action on changing the land use designation of Parcel No. 2 from Public Institutional to High Density Residential prior to adoption of the General Plan. BACKGROUND This project was reviewed and continued off calendar by. Planning CommiSsion on August 17, 1992. Staff was directed to work with the applicant on a number of issues raised by the Commission. These issues included changes to the Development Agreement language, existing trees on site, the golf course, noise and light impacts from the Linfield School Stadium, access and traffic, future plans for'the Linfield School site and grading. Staff and the applicant have been working together to address all the issues and concerns raised by the Planning Commission. The following table includes these issues and explains how they have been addressed: R:~S~'~TA~I4.PC 2/'24/93 Idb Development Density 20 dwelling units per acre or 240 units, Agreement Needs to be consistent. Page 3, Environmental Findings 1, 2 and 3 are conflicting (refer to the Augu~ 17, 1992 Staff Report, 'Attachment No. 6). SeniOr Center size and dollar amount to be spend needs to be specified. Senior Center and golf course completion needs to be up front. Page 12,#9 - the General Plan Land Use Designation "will likely be high density" which was unknown at the time the project was heard by the Planning Commission {refer to the August 17, 1992 Staff Report, Attachment No. 6). Specify building heights and sizes. Specimen Trees Page 10,#6 - Specify that changes shall not' include elimination 'or a reduction in size of the Senior Center, elimination of the nine (9) hole golf course and increase in the number of dwelling units or density (refer to the August 17, 1992 Staff Report, Attachment No. 6). Show all existing trees on the landscape plans and identify a replacement ratio if the trees have to be removed to accommodate development Proposed Solution to Text has been modified to include up to 20 dwel,, units per acre with a target density of 10 dwelling units per acre. Refer to page 13, Section 16.1 .a. No change has been proposed. Findings No. I and 2 refer to this approval. Finding No. 3 refers to future approvals. Te.~. has been modified on page 13, Section 16.1 .c and Exhibit G of the Development Agreement'has . been modified+ to require a minimum of 3,500 square feet for the Senior Center. The dollar amount has not been specified consistent with the Community Services Department policy. No change has been proposed {refer to Exhibit C of the Development Agreement). The General Plan Land Use Designation recommended by Planning Commission .to City Council is Public Institutional for the entire project site. Staff has amended the recommendation for this project to include · Commission recommendation to the City Council for an amendment to the land use designation of Parcel No. 2 of Tentative Parcel Map No. 27314 to high density residential. The rest of the parcels and the propo ~ uses of Senior Center, congregate facility and nursing and personal care facility will be consistent with the Public Institutional land use designation. No change has been proposed to the text, since the Zoning Districts will specify the building heights for the project. Building sizes will be dictated by the future development proposals. The text has been modified to eliminate modifications to the Development Agreement. Since the site plans and the landscape plans are conceptual, the existing trees have not been identified on the plans; However, Condition No. 17.A.3.h. has been added that requires future development applications {plot plans, conditional use permits, etc.) to show the existing trees on the landscape plans and if their removal is necessary replacement will be on a 5:1 ratio. R:~TA~I4.PC 2/248~ ~ 2 Issue \ Gf ,ourse st~m Age Restrictions Access/ Traffic Relocation of Structures and Features Description of the Issue Specify whether it is · private golf course intended for the ijse of the project residents or is it intended to be a private goff course to be used by the public. Does the fact that this is a private golf course and it will be used only by the project residents change the Quimby fee requirements? ' Will parking be provided for the golf course? ' Structures within the golf course need to be identified on the site plan. Need to define when the golf course is considered complete. No Quimby fees or equivalent are paid until 59 units, congregate, personal and nursing facilities have been built. Impacts of the stadium need to be evaluated (i.e. noise and light).. The age restriction needs to be clarified in terms of the qualifier. Need reciprocal access easements for Parcels 2, 3 and 4 until they are built to provide access to the school site. Need to place more restrictions on the access points shown on the map (i.e. right turn only). Are there any plans that indicate where the gym and the ball fields will be moved to? The lake is being split by a parcel line. Whet is going to happen to Proposed Solution to · " Resolve the .Issue The golf course is intended to be private and be used by residents of the project (refer to Page No. 13 Section 16.1 .b. of the Development Agreement). No. Either way the golf course will satisfy a portion of the Quimby requirements. No. The conceptual site plan .does not provide parl~ing for the golf course, since it is intended for private use only~ Since the site plan is conceptual, the number and location of the structures are not known. The future. development applications will include the details of the development (including these structures). The Development Agreement text has been modified to define the completion of the golf course as construction and completion of all structures, six months growth of the grses and certification of the course by a licensed landscape architect (refer to Exhibit C of the Development Agreement). No change is proposed since there is no nexus between' the congregate care, personal care and nursing facility and the Quimby fees. A noise study and light impact analysis will be conducted prior to approval of a plot plan for the multi-family senior complex to mitigate the impacts to insignificant levels (refer to Conditions 9.A. and 9.B.). The dead restriction (Exhibit F of the Development Agreement Section 1) is consistent with state law. Condition No..86.E.2. has' been added.to reaolv'e this concem. The Traffic Study recommends full movements for these access points. Furthermore, Ordinance 460 allows full movement for access aisles if they are more than 330 feet apart. No change has been proposed. These facilities will be moved to the existing school site in the future, which will require further City approvals (refer to the conceptual school site plan). The parcel map has been conditioned to construct a dike within the remainder parcel, which will keep the lake on the remainder parcel (refer to Condition No. 52). R:~q~TAFFRPT~7314.1~ 2/24/93 klb 3 Issue Grading Description of the Issue A grading pin needs to be prepared in order to * identif~ the impacts to the project. A condition needs to be added to restrict mass grading prior to a plot plan approval. Parcel No. I contains 25%* slopes. How usable is this parcel? · ":"' "": ':'.:' ......Resolve the Issue :~::; ': A conceptual grading plan has been prepared a included in the packet for Planning Cornmission's review o Condition Nos. 48 and. 49 have been added that require submittal and approval of a mass grading plan. Furthermore, a grading parrnit will not be issued for an individual parcel until a plot plan is approved for this parcel.. A conceptual grading plan has been prepared which shows the parcel may be developed as a senior ' center. However, refinement will be necessary at the plot plan stage. R:\S~STAFFRY'F~7314.PC 2/24/93 k~ 4 ANALYSIS Conceptual Site Plan and Desion Issues It is staff's opinion that all of Planning Commission's concerns have been addressed as outlined in the Background Section. The proposed conceptual site plan illustrates how the site may be developed. The ultimate site plan for development of this project may have a different layout. The conceptual site plan has a number of deign deficiencies,' such as improper circulation for the multi-family complex and inadequate fire truck turn around for.the Senior Center· site. Howe.~er, each component of this project will receive additional .reviews by the City and specific site design issues will be dealt with at that'stage. Staff has met with Commissioners Fahey and Hoagland to discuss the conceptual site plan. They both expressed concerns regarding the Conceptual Site Plan and raised specific on site design issues (i.e. circulation, noise, location of the Senior Center, drainage, etc.). Concurs" with these concerns and have conditioned the project to address them with future development proposals. Draft General Plan Issues The Draft General Plan has already been reviewed and recommended by Planning Commission to the City Council with a Public Institutional land use designation for the project site. The proposed uses such as the congregate care, skilled nursing and personal care and the Senior Center are all consistent with this designation. However, the age restricted, multi-family project (Parcel No. 2 of Tentative Parcel Map No.27314, Amendment No. 3) will need to be designated High Density Residential on the General Plan. Therefore, if the Planning Commission determines that this project should be recommended to the City Council for approval, the land use designation of Parcel No. 2 will need to be changed by the City Council to High Density Residential. Since the Planning Commission already recommended to the City Council approval of the land use element, with a designation of Public Institutional for Parcel No. 2, it is now necessary that the Planning Commission recommend concurrently with this project that the City Council revise the land use element to High Density Residential. In addition, the City Council will have to take an action on the land use component of the General Plan prior to approving this project. It should be noted that the City Council does not need to wait until formal adoption of the General Plan.to take action on this project. However, in the event that the City Council adopts the land use element of the General Plan prior to consideration of this project, an application for a General Plan Amendment will have to be filed prior to any final action on this project. Project Density Issues for Parcel No. 2 The project density for the age restricted multi-family is up to 20 dwelling units per net acre with a target density of 10 dwelling units per net acre. The gross acreage for this parcel is 38 which could result in 760 dwelling units at 20 DU/AC. However, the most likely number of units for a project of this type would be approximately 380 dwelling units, or a target density of 10 DU/AC. The Traffic Study mitigation measures are based on 240 dwelling units. If the future proposals for Parcel No. 2 exceed 240 dwelling units, the Traffic Study will need to be updated or new studies will be required (refer to Condition No. 54). R:~S~!'A~314.1~ 2/24/93 Idb " 5 ZONING, DRAFT GENERAL PLAN AND SWAP CONSISTENCY The proposed project includes a change of zone from R-R to R-3. This change will allow the developmen{ of the project site .as a senior housing complex as dictated within the Development Agreement. Staff is supportive of this change of zone, since it will result in a desirable senior housing project consistent with the surrounding land uses. Project approval by the Planning Commission is subject to City Council approval of a High Density Residential designation for Parcel No. 2. of Tentative Par. cel Map No. 27314, Amendment No. 3. Once this occurs, the project would be consistent with the Draft General Plan. The Draft General Plan land use map currently shows the. project site as Public Institutional since it is now one parcel which contains the Linfield School. The SWAP designation for the project site is Residential~ minimum one acre lot size. The City of Temecula is supportive of the approval of this project since it will result in a desirable senior housing project consistent the surrounding land uses. ENVIRONMENTAL DETERMINATION An Initial Study was prepared for this project and with the adoption of mitigation measures which have been included in the Conditions of Approval, all the anticipated impacts have been reduced to a level of insignificance. Therefore, a Negative Declaration has been prepared and recommended for adoption. FINDINGS Development Aereement No. 92-1 1. The City is proceeding in a timely fashion with the preparation of its General Plan.' There is a reasonable probability that the project will be consistent with the general. plan proposal presently being considered subject to the City Council approving a High- Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment N0.3, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. The project complies with all other applicable requirements of state law and local ordinances. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. No other mitigation measures for environmental impacts created by the project, as presently approved, shall be required for development of the project unless mandated by laws. R:~S~TARrR?T~I4.pC 2/24/93 Idb 6 J The City may, pursuant t0 and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the property or any changes, amendments, or modifications to the pioperty. The City, as a result of such review, may impose additional measures (or conditions) on studies to mitigate, as permitted by law, the adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the project. Change of Zone No. 21 1.. There is a reasonable probability that Change .of Zone No. 21 will be consistent with the City's future General Plan subject to the City Council approving a High-Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future development of the site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. a a There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 21 is ultimately inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. The project is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. The proposal will not have an adverse effect on the environment, since mitigation measures have been incorporated into the project design to reduce the impacts to a level of insignificance. Tentative Parcel MaD No. 27314, Amendment No. 3 There is a reasonable probability that TentatiVe Parcel Map No. 27314, Amendment No. 3 will be consistent with the City's future General Plan subject to City Council approving a High-Density Residential Designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new General Plan. The proposed use or action as conditioned complies With State planning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning. Law). R:~S~TA~I4.1~C 2/24/93 The project as designed and conditioned will not adversely affect the. public health or welfare. The project is compatible with surrounding land uses since the proposal will not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwellings to the north and south. The p~oject has acceptabl~ access to dedicated rights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Pauba Roadand Rancho Vista Road, improved dedicated City rights-of-way; Project access, as designed and. conditioned, conforms with applicable City' EngineeFing standards and ordinances· The project as designed and conditioned will .not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. ~Said findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. Attachments: 5. 6. 7. Resolution No. 93- -- Blue Page 9 Conditions of Approval - Blue Page 15 Exhibits - Blue Page 32 A. Site Plan B. Tentative Parcel Map Initial Environmental Study - Blue Page 33 Development Agreement -. Blue Page 34 Planning Commission Minutes, August 17, 1992 - Blue Page 35 Planning Commission Staff Report, August 17, 1992 - Blue Page 36 R:~SL%'TAFFRPT~/314.pC 2/7,4/93 Idb ATTACHMENT NO. 1 PC RESOLUTION NO. 93-' R:~S~TAFFRP'~27314.pC 2/24/93 A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA RECOMMENDING APPROVAL OF DEV~/O~ AG~ NO. 92-1, CHANGE OF ZONE NO. 21 TO CHANGE ~ ZONING FROM R-R TO R-3, AND TENTATIVE .PARCEL MAP NO. 27314, ~l~l~Fr NO. 3 TO $UBD/VIDE ~ 96.9. ACRE PARC~t INTO FOUR (4) PARCELS AND A REMAINDER PARCEL SUBJECT TO ~ CITY COUNCIL ACTION ON CHANGING ~ LAND USE DESIGNATION OF PARCEL NO. 2 OF TENTATIVE PARCEL MAP NO. 27314, AMENDlVn~rr NO. 3 FROM PUBLIC INS'nTu'nONAL TO HIGH-DENSffY RESID~ LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF THE T&MECU/_A V~,LL~.y HIGH SCHOOL. WI~REAS, The Lin~eld School 'ffled Development Agreement No. 92-i, Change of Zone No. 21 and Parcel Map No. 27314, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WttEREAS, said applications were processed in the time and manner prescribed by State and local law; ~, the Planning Commission considered said applications on March 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WtlF~REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; NOW, THEREFORE, ~ PLANNING' COIVIIVHgSION OF T~F~ CITY OF TE1VIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Finndings. That the Temecula Planning Commission hereby makes the following findings: : A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30--month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the R:~XSTAFFRFrX2~I4.PC 2/~$/93 klb 10 2. The planning agency finds, in approving projects and taking other actions, including the issuanc~ of building permits, each of the following: a. Them is a reasonable probability-that the !and use or action proposed will be consistent with the general plan proposal being considex~ 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 hw and local ordinances.' B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, Cnereinafter "SWAP") was adopted prior to the incorporation of Temecuh 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 hag 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 Planning Commission in recommending appwval of said applications makes the following findings, to wit: Development Agreement No. 92-1 General Plan. The City is proceeding in a timely fashion with the preparation of its 2. There is a reasonable probability that the project will be consistent with the general plan proposal presently being considered subject to the City Council. appwving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, since the project will be compatible with surrounding uses and will carry out the policies intended for the General Plan. 3. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. 4. The project complies with all other applicable requirements of state hw and local ordinances. 5. The environmental impacts of the agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City approvals for the project. 6. No other mitigstlon measures for environmental impacts created by the project, as presently approved shall be required for development of the projoct unless m~ndnted by lawS. 7. The City may, pursuant to and in accoxdam~ with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlemenU for the development of the property or any changes, amendments, or modifications to the property. The City, as a result of such review, may impose additional measures (or conditions) on studies to mitigate as' permitted by law the adverse environmental impacts of such development enti~cment which were' not considered or mitigated at the time of approval of the project. ChanVe of Zone No. 21 1. There is a reasonable probability that Change of Zone No. 21 will be consistent with the City's future General Plan subject to City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Parcel Map No. 27314, Amendment No. 3, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the future development of the site will be controlled by a Development Agreement which is consistent with City's policies for the new General Plan. 2. There is not a likely pwbability of substantial detriment to or interference with the future General Plan, ff Change-of Zone No. 21 is ultimately inconsistent with the plan; due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. 3. The pwject is compatible with surrounding land uses since this project will not have negative impacts on the existing school sites to the east and west and the existing and pwposed single-family dwellings to the north and south. 4. The proposal will not have .an adverse effect on the environment, since mitigation measures ·have been incorporated.. into the project design to reduce the impacts to a level of insignificance. Tentative Parcel Map No. 27314. Amendment No. 3 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. 3 will be consistent with the City' s future General Plan subject to City Council approving a High-Density Residential designation for Parcel No. 2 of Tentative Pax~l Map No. 27314, Amendment No~ 3, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Pl.an, if the proposed use is ultimately inconsistent with the Plan, since the future development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the new. General Plan. 3. The proposed use or action as condifioned complies with-State planning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections'65000-66009 (Planning and Zoning Law). health or welfare. The project as designed and conditioned will not adversely affect the public 5. The project is compatible with surrounding lapd uses since the proposal will not haste a negative.impact on the existing school sites to the east and west and' the existing ' and proposed single-family dwellings to the north alld south.. 6. The project. has acceptable access to dedicated fights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Pauba Road and Rancho Vista Road, improved dedicated City fights-of-way. Project access, as designed and 'conditioned, conforms with applicable City Engineering sUmdanis and ordinances. 7. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 8. Said fmdings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. F. As conditioned pursuant to Section 3, the 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 project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commi.~sion hereby recommends approval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 3 located at north of Pauba Road, south of Rancho Vista Road and east of the Temecula Valley High School subject to City Council approval of a High-Density Residential designation for Parcel Map No. 27314, Amendment No. 3 and subject to the following conditions: 'A . Attachment No. 3, ached herere'. PASSED, APPROVED AND ADOPTED this 1st day of March, 1993. R:X-q~qTAFFRPT~7314.pC 2/7A/93 lab 13 LINDA FAHEY I !~k'~lUly CF.~'rlF~' tlmt the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of March, 1993 by the ~.ollowing vote of the Commission: AYF_,S: NOP_,S: ABS rr: PLANNING COMMISSIOn: PLANNING COMMISSIONERS: PLANNING COMMISSIOn: G~Y~OP, NI~- S~~Y ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:~q~STA~314.PC 2/24/93 klb " 15 PLANNING DEPARTMENT 'CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No. 27314, Amendment No. 3 Project Description: To create four (4) parcels and a remainder parcel Assessor's Parcel No.: 955-020-002 Approval Data: Expiration Date:. WITHIN FORTY-EIGHT {4.8) HOURS OF THE APPROVAL OF THIS PROJECT The applicant/developer shall deliver to the Planning Department a cashier's check or money order payable to the County Clerk in the amount of One Thousand Three Hundred dollars ($1,300.00), which includes the. On Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Fifty Dollar ($50.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above; the approval for the project granted her,in shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). GENERAL REQUIREMENTS s '3. The' tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The subdivider shall defend, indemnify; and hold harmless the City of TemeCula, it agents, officers, and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal' boards or legislative body concerning Tentative Parcel Map No. 27314, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify; or hold harmless the City of Temecula. If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning .Director. ' The project and all subsequent projects within this site shall be subject to Development Agreement No. 92-1. ' R:~S~I'AFFRJr$'~'/314.~ 2/~m klb 16 10. 11. The applicant shall consult the Army Corps of Engineers and the California Department of Fish and Game prior to designing the site plan for the project to mitigate the impacts to the-wetlands as identified in the Figure 2 of Biological Report which includes the unvegdtated alluvial wash and the Southern Willow Scrub. A proof of this consultation shall be submitted to the Planning Department along with the Rot Ran or Conditional Use Permit applications. These applications shall not be deemed complete without the proof of consultation with both of these agencies. All development proposals within this project shall be subject to .further approvals of the City of Temecula which include but are. not limitei~ 'to Plot Plans and Conditional USe Permits.. .. A full disclosure shall be made to all prospective residents, whether buyers or rentors, that the existing Temecula Valley High School football stadium, tennis courts and other related facilities will be used extensively for ball games, practices, rock concerts and community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecula Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to mitigation by the district. The disclosure shall be made at the time of initial marketing and through individual grant deeds. The specific form of the disclosure shall be approved by the Planning Director and the City Attorney prior to issuance of building permits.- The proposed project will be impacted by the Temecula Valley High School stadium noise " and light. The following shall be implemented prior to approval of any Plot Plans or Conditional Use Permits: .. ~ A noise study shall be submitted. This study shall examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but .not limited to building setbacks from the westerly' property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. Tests shall be conducted during sporting events and other special events scheduled for the stadium. A light impact study shall be submitted. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks from the westerly property line, walls, landscaping, building orientation and building design. These mitigation measures shall reduce the impact to a level of insignificance as determined by the Planning Director. : The entrance gates to the private roads in the multi-family senior complex, if proposed, shall be set back sufficiently to allow for stacking of cars to avoid blocking the right-of- way. This condition shall be complied with prior to approval of the Plot Plan. A pedestrian friendly circulation system shall be designed to separate the pedestrian and auto circulations by linking parking lots, building and recreation areas together by accent paving, cross walks, lighting, landscaping and signage. R:~'TA~I4,PC 2/24/93 IrJb 17- 12. PRIOR 13. 14. 15. 16. 17. The architecture and the landscaping of the project shall take into account the surrounding single-family units and schools and effectively buffer them with landscaping or crea. tea pleasing facade to the neighboring properties especially the single-family units. TO ISSUANCE OF GRADING PERMITS A Mitigation Monitoring Program shall be submitted to and approved by the Planning Director. A copy of the Rough Grading plans shall be submitted to and approved by ~he Planning Director.. A Biology Study shell be prepared for the subject property by a Biologist and submitted to the Planning. Director for review. Should Stephens' Kangaroo Rat (Dipodomys stephensi) habitat or other sensitive habitat be determined to exist upon the site, then mitigation measures to be included in the Mitigation Monitoring Program. If no habitat is determined to exist, then 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. A qualified Paleontologist/archaeologist shall be chosen .by the developer and approved by the Planning Director for consultation and comment on the proposed grading with respect to potential Paleontological/archaeological impacts. Should the Paleontologist/archaeologist find potential is high for impact to significant resources, prior to commencement of the grading operations a meeting between the Paleontologist/archaeologist, Planning Director staff and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the Paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The following Shall be submitted to and approved by the Planning Director: A. A copy of the conceptual Landscape Plans to include: (1) Drought tolerant plants. (2) All plants meeting the following minimum size requirements: (a) All trees shall be a minimum of 15 gallon with at least 50 percent of trees with a minimum of 24 inch box. (3) (b) All shrubs shall be a minimum of 5 gallons. (c) ' All ground cover shall be a minimum of 8" on the center Landscaping for the following: R:~S~STA~I4.pC 2/24/93 klb ]8 (a) The golf course. (b) Typical slope conditions. (c) Private common areas including all improvements. (d) Shrub planting to completely screen perimeter Walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. · (e) Parkways. {f) All other interior landscaping. (g) Screening the residences on Parcel No. 2 from the stadium with a combination of different species of fast growing and tall trees. (h) - All existing trees. Any existing trees that are removed as a result of this project shall be replaced with a ratio of 5:1. This replacement shall be over and above other ordinance requirements. (4) Hardscaping for the following: (a) Pedestrian trails within private common areas. (5) The height, location and the following materials for all walls and fences: (a) Decorative block.for the perimeter of the project adjacent to a Public Right-of-Way equal to sixty-six (66) feet or larger. (b) Wrought iron or decorative block and wrought iron combination to take advantage of views. (c) Wood fencing shall be used only in the interior of the project. B. A copy 'of the construction, landscape and irrigation plans consistent with the conceptual landscape plans. C. A Security Performance Bond shall be secured with the Planning Director to insure the installation of landscaping along the westerly property line to screen the high school stadium immediately after grading operations have been completed. PRIOR TO RECORDATION OF THE FINAL MAP 18. The following shall be submitted to and 'approved by the Planning Director: A copy of the Final Map A copy of the Rough Grading Plans A copy of the Environmental Constraint Sheet (ECS) with the following notes: n:~r~2'/3~4.~: 2~24~ k~ 19 (1) (2) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. The 1 O0 year flood plain areas shall be delineated. (3) Drainage easements shall be kept free of buildings and obstructions. (4) A fifty (50) foot wide easement shall be recorded on both sides of the · wetland habitats as identified in the *Biological Report and shall be designated a biological open space, The area within thiseasement may be incorporated into the design of the golf Course. (This condition may be waived by the Planning Director if the applicant submits proof of mitigation acceptable to the Department of Fish and Game and the Army Core of Engineers that waves the requirement for this easement). A copy of the Covenants, Conditions, and Restrictions (CC&R's) (1) (2) CC&R's shall be reviewed and approved by the Planning Department. The CC&R's shall include. liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. No lot or dwelling unit in the development shall be sold unless a corporation, association, property ownar's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of. assessments to meet Changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of A'pproval. The developer shall. submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3) Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 20' PRIOR TO ISSUANCE OF BUILDING PERMITS 19. No building permits shall be issued by the City for any residential lot/Unit within the projecf boundary until the developer/owner or his/her successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one- hundred dollars ($100.00) per lot/unit shall be deposited with the City as mitigation for public library development. 20. A ~400.00 per dwelling unit'fire mitigation fee shall be assessed prior to issuance of building permits. 21. A phasing plan shall be submitted to and approved by the Planning Director for the installation of the landscaping for parcel 2. 22. Roof-mounted mechanical equipment shall not be permitted within the of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. 23. A copy of the construction, landscape and irrigation plans consistent with the conceptual landscape plans. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS 24. If deemed necessary by the Planning Director, the applicant shall provide additional landscaping to effectively screen various components of the project. 25. The applicant shall sign an agreement and/or post a bond with the City to insure the maintenance of all landscaping within each parcel for a period of one year. 26. All the Conditions of Approval shall be complied with to the satisfaction of the Director of Planning, Public Works, Community Services and Building and Safety. 27. All landscaping for parcels 1,3 and 4 shall be installed. · 28. The landscaping for parcel 2 shall be installed according t0.a phasing plan.' PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS 29. It is understood that the developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 30. A Grading-Permit for either rough or precise (including all on-site flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 31. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. R:~S~STA~I4.pC 2/24/93 klb 2] . 32. 33. PRIOR .34. '35. 36. 37. 38. 39. 40. 41. All improvement plans, grading plans, and landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous tO the ,site. 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. TO ISSUANCE OF GRADING PERMITS A copy ~f the grading and improvement plans, along. with supporting hydrologic and . hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to reCordation of the final map or issuance of any permit. A permit from Riverside County Rood Control and Water Conservation District is required for work within their right-of-way. The final grading plan shall be prepared by a· registered Traffic Engineer and shall be reviewed and approved by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. The developer must comply with the Fecluirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. The developer. shall receive written clearance from the following agencies: San Diego Regional Water Quality Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An erosion control plan shall be prepared by a registered Traffic Engineer and submitted to the Department of Public Works for Teview and approval. 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 Department of Public Works. R:LS~STAFFIL~r~314.1=C 2/24/93 Idb 22 42. 43. 44. 45. 46. 47. 48. 49. A flood mitigation charge shell be paid. The charge shall equal the. prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable tothe-Riverside County Flood Control and Water Conservation District prior to issuance of perrhits. 'If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. The developer shall obtain any necessary letters of approval or easements for any off-site work performed on adjacent properties as directed by the Department of Public Works at no cost to any agency. The developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the developer shall provide adequate facilities as approved by the Department of Public Works. The developer shall protect downstream properties from damagecaused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement, or by incorporating on-site detention basin facilities such that the downstream 100-year 'Q' is not increased as a result of the development of this project. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan: A permit from the Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. A site balanced mass grading. plan for the entire project shall be approved by the Department of Public Works prior to the issuance of any individual parcel's grading permit and the individual grading plan shall conform to the mass grading plan. Prior to the issuance of an individual parcel's grading permit, the associated future site plan shall be approved. It is understood that the .project site plan as submitted is for the purpose of reviewing non-engineering issues. Specific engineering criteria will be evaluated with future site plan applicationS. Proposed future site plans shall include, but not be limited to, the following elements: Existing and proposed storm drain facilities shall be shown on the future proposed site plans along with associated easements. A drainage study shall be provided to indicate said facilities and verify the adequacy of existing downstream facilities, otherwise the drainage study shall address the requirements for on-site detention facilities designed to accommodate the 100-year design runoff without negatively impacting the downstream facilities. R:~S~STA~314.PC 2/?,4/93 I 23 50. 51. 52. 53. Proposed and existing sewer mains and lift station(s) shall be shown on future site plans to ensure adequate service and readily available fall for the proposed project. 'Proposed and existing water mains shall be shown on future site plans to ensure that service is readily available to the proposed project. Private roads included in future site plans MUST be designed to meet City Public Road Standards or otherwise app~oved by the Department of Public Works. This should include but may not be limited to: Minimum road widths of 32-fee~ paved-with. 50-feet/60-feet' right-of-ways Or easements (shown on typical section). B. Knuckles being required at 90° 'bends' in the road. Separation between on-site intersections shall meet current City Standards (200- ft. minimum). D. Cul-de-sac geometrics shall meet current City Standards. Minimum safe horizontal centerline ~adii shall be required (all centerline radii should be identified on the site plan). 90° parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. Distance to the nearest existing off-site access point on Rancho Vista Road and Pauba Road shall be identified on the site plan. Identify whether gates will be proposed at entrances to project.. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works during the Site Plan review stage. All intersections shall be perpendicular (90°).' All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. The future site plan application for the Senior Center shall reflect the requirement for a turn-around at the end of the driveway or loop extended around the buildings. The grading plan shall be designed to reflect the relocation of the existing reservoir on the easterly edge of the project to be wholly contained within the remainder parcel. The preliminary soils report submitted in conjunction with the project grade plan shall address the dike design necessary to accomplish this. The grading plan shall be designed to reflect the relocation of the existing access road to school facilities within the remainder parcel off-site. 54. PRIOR 55. 56. 57. Site plan applications which include development impacts over and above those identified in the approved Tentative Parcel Map/Development Agreement Traffic Study (dated June, 1992)~hall include an updated traffic study. This study may include, and the Department of Public Works may condition, additional mitigation measures as warranted. TO THE ISSUANCE OF ENCROACHMENT PERMITS All necessary grading permit requirements shall have been completed and approved. Improvement plans including, but not'limited 'to, streets, parkway'trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a registered Traffic Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard Nos. 207/207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance No. 461 and shall be shown on the improvement plans as directed by the Department. of Public Works. Concrete sidewalks shall be constructed along public street frontages in accordance with City Standard Nos. 400 and 401. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. Minimum centerline radii shall be in accordance with City Standard No. 113 or as · otherwise approved by the Department of Public Works. All reverse curves shall include a 100-foot minimum tangent section or as otherwise approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum.sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through under-sidewalk drains. 58. 59. PRIOR 64. 65. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. ImproVement plans per City Standards for the private streets or drives shall be required for review and approval by the Department of Public Works. 60. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required; and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. ~ .. 61. All utilities, except electrical lines rated 33kv or greater, shall be installed underground: 62. All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. " 63. 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 Department of Public Works. TO RECORDATION OF FINAL MAP Any delinquent property taxes shall be paid. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements within 18 months in conformance with applicable City Standards and subject to approval by the Department of Public Works: Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals, and other traffic control devices as appropriate; Storm-drain facilities; Landscaping (slopes and parkways); D. Erosion control and slope protection; E. Sewer and domestic water systems; and F. Undergrounding of proposed utility distribution lines. it:~S~STAFF~i4.1~ 2/24,/93 Idb " 26 66. 67. 68. 69. 70. 71. 72. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: · · · · · · · · · · · · · · San Diego Regional Water Quality. Rancho California Water District Eastern Municipal Water District Riverside County Rood Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department CA'IV Franchise ' Community Services District General Telephone Southern California Edison Company Southern California Gas Company Fish and Game Army Corps of Engineers All road 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 Department of Public Works. Complete half-street improvements in Pauba Road and Rancho Vista Road shall be provided, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with City Standard No. 102 (88-ft/64-ft). The developer shall make a good faith effort to acquire the required off-site property interests, and if he/she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Sections 66462 and 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a .portion of these costs shall be in the form of a cash' deposit in the amount given' in an appraisal report obtained by the developer, at the developer's cost.. The appraiser shall have been' aiDproved by the City prior to commencement of the appraisal. Vehicular access shall be restricted on Pauba Road and Rancho Vista Road and so noted on the final map with the exception of those access points and intersections recommended per the approved Traffic Report and identified on the approved Tentative Parcel Map. A signing and striping plan shall be designed by a registered Traffic Engineer. and approved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. Plans for a traffic signal shall be designed by a registered Traffic Engineer and approved by the Department of Public Works for the intersection of Pauba Road and Margarita Road and shall be included in the street improvement plans with the second plan check submittal. R:~3~3TA~I4.]~ :~J~4.~J k~ 27 73. 74. 75. 79. 80. 81. 82. 83. 84. A school zone signing and striping plan shall be designed by a registered Traffic Engineer and approved by the Department of Public Works for the school site within this project. This will be separate from the street improvement plans and will cover any and all streets neces~iary to provide the appropriate signing and striping. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. Bus bays. will be provided at all existing and future bus stops as .determined by the Department of Public Works. A Transportation Demand Management Program will be required. Corner property tine cutoff shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. An easement for a joint use driveway shall be provided prior to approval of the final map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, 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 for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to deiineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: A. The delineation of the area within the 100-year floodplain; B. Special Study Zones. The developer shall comply with all constraints which may be shown upon an ECS recorded with any underlying maps related to the subject property. The developer shall deposit with the Department of Public Works a cash sum as established per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of the 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. it:~SL~Z'AR=P-Fr~f7314.K~ 2/24/93 Ir~ ~-8 85. -86. The developer shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be .prepared by the developer and submitted to the Director of Planning, City Engineer, and City attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be submitted to the following Engineering conditions: A. The CC&R's shall be prepared at the developerrs sole.cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, " City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the" interest of the City and its residents. .. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall-be subject to a lien in favor of the City to secure'any such expense.not promptly reimbursed. (1) (2) All parkways, open areas, on-site slopes and landscal~ing shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. PRIOR TO ISSUANCE OF BUILDING PERMITS 87. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Traffic Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compact,on and site conditions. R:~rA]:~1~J~'~|4.]~C ::~"~ ]rJb 29 88. 89. PRIOR 90. 91. 92. 93. 94. 95. 96. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards, and accepted grading construction practices. The final grading plan shall be in substantial conforfnance with the approved rough grading plan. The 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. The fee to be paid shall be 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. Concurrently with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed ~10,000. The 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). By execution of this Agreement, the developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided. that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. All signing and striping shall be installed per the approved signing and striping plan. The traffic signal at Pauba Road and Margarita Road shall be installed and operational per the special provisions and the approved traffic signal plan. (At the developer.'s request, the City will enter into a reimbursement'agreement for costs over and above the app~oved project's impacts, as dictated by future approved'traffic studies.) All school zone signing and striping shall be installed per the approved school zone signing and striping plan. The developer shall provide "STOP" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works 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. R:~S~"TAFF~I4.PC 2/'24/93 IrJb 30 OTHER AGENCIES 97, The applicant shall comply with the environmental health recommendations outlined in the RiVerside County Health Department's .transmittal dated 'July 1, 1992, a copy of which is attached, 98. The applicant shall comply with the fire improvement recommendati'ons outlined in the County of Riverside Fire Department's letter dated May 4, 1992, a copy of which is attached.' The applicant shall comply.with the recommendations outlined in the .Eastern Municipal Water District transmittal dated March 12, 1992, a copy of which is attached. 100. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 7, 1'992, a copy of which is attached. 101. 102. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated March 2,. 1992, a copy of which is attached. The applicant shall comply with .the recommendations outlined in the Temecula Community Services District transmittal dated August 12, 1992, a copy of which is attached. P-:XSLSTA~i4.pC 2/24/~3 Iclb 3] COUh'TY OF RIVERSIDE HEALTH SERVICES AGENCY 9851 Magnolia · Riverside, CA 92503 July 1, 1992 KENNETH B. COH~ Director (714) 358-78O8 CITY OF TEMEDULA 43174 Business Park Drive Temecula, CA 92590 ATTN: Saied Naasehl RE: TENTATIVE TRACT HAP NO. 27314t BEING A PORTION OF THE RANCHO TEHECULA, AS BRANTED BY U.S. GOVERNMENT TO LUIS VIBNES BY PATEhrr DATED 1-18-1960, AS SHOWN BY LIBER 1, PAGE 37, RECORDS OF SAN DIEGO L~, AN PARCELS 1,2,&3 OF PARCEL; MAP B3/97-100 RECORDS OF RIVERSIDE COUNTY, LOCATED IN THE CITY OF TE~CULA, CALIFORNIA. (4 LOTS) Dear Gentlemen:. The Department of Environmental Health has reviewed Tentative Tract Map No. 27314 and recommends:' A water system shall be installed according to plans and speci+ications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location o+ valves'and +ire hydrants; pi. pe and joint speci+ications, and the si=e o+ the main at the junction'o+ the new system to the existing system. The plans shall cGmply in all respects 'with Div. 5, Part 1, Chapter 7 o+ the Caii+ornia Health and Sa+ety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission o+ the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certi+y that the design of the water system in Tract Map 27514 is in accordance with the water system expansion plans o+ the Rancho Cali+ornia Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map." DEPARTI~ O; PU~,JC HEALTH 4065 C~UNTY C3RC. Z DRN~ R3VERSlDL CA 92503 F/14) 358-50M City of Temecula Page Two Attn: Saied Naaseh Jbly 1, 1~2 This certificati'on does not constitute a guarantee that.i't will supply water to such Tract Map.at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official o~ the water company. The plans must be submitted to The County Surveyor's O~fice to review at least two weeks prior to the request fo~ the recordation of the final maD. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory ~inancial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor' and the Health Department. Permanent prints of the plans of the sewe~ system shall be submitted in triDlicate, along with the o~iginal d~awing, to the County Surveyor. The prints shall show the internal pipe diameter, specifications and the size of the sewers at the junction of the new system to the e×isti.ng-system. A ~ingle. plat indicating location of sewe~ lines and.'wate~ lines shall be a portion o~ the sewage plans andp~ofiles. The plans shall be signed by a ~egistered enginee~ and the sewe~ district with the following certification: "I certify that the design of the sewe~ system in T~act Map No. 27514 is in accordance with the sewer system expansion plans of the Eastern Municipal Wate~ District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the p~oposed Tract Map." City o~ Temecula Page Three .Attn: Saied Naaseh Juiy 1, 1~2 The plans must be submitted to the County Surveyor's Office to review 'at .least two weeks prior to the request ~or the reco~dation o~ the ~inal maD. It will be necessary .~or ~inancial arrangements to be completely ~inalized prior to recordation o~ the final map. It ~ill b~ necessary ~or the annexation proceedings to be completely ~nalized prior to the recordation o~ the ~inal map. Si neetel y, .H.S.' IV Department o~ Environmental Health SM:dr RIVERSLoE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AVF, NUIE * PEXRIS. CAI,I/~ 92370 (714) 65'/-3183 MAY 4,-1992 TO; CITY OF TEMECULA ATTEN~ PLANNING DEPARTMENT RE: TENTATIVE TRACT 27514 CHANGE OF ZONE NO. 21 AMENDED No. ~ With resDe=t to the review and/or approval of the above refer-' enced project, the Fire Department has no comments or conditions regarding the tract map and will address all necessary Fire Protection measures when the plot plan or project developement plan is reviewed. All 'Ouestions regarding the meaning of conditions shall be re- ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner by ~J~> Michael E. Bray, Pire Captain Specialist PL~T.~ DiViSiON I'IRIVERS~OFFIC~ 3760 12th 5mzt, Rimmac. CA 92501 (714) 275-4777 · PAX (714) .369-7451 41002 Com~ C, mm'~Seie22.5, Tmami,(.. (714) 694-54370 · FAX (714) 694-5076 March 12, 1992 (Date) RIverside. County Health Department c/o Albert A. Webb Associates 3788 HoGray Street Riverside, CA 92506 ' Gentlemen:' Re: Availability of Sanitary Sewer Service for 1992 Tentative Parcel Map 27314 We hereby advise ;u rmlattve to the availability of sanitary sewer servtce for the above referenced proposed development as 'follows: The property to be occupied by the subject proposed development: ZS PRESENTLY LOCAllED within the boundary lines of this Dlstrict's /')CX7 Improvement District No. U-8 and is eligible to receive sanitary sewer service, " /,,_/ IIJST BE ANNEXED to this Olstrlct-'s Improvement District No. following which it will be eligible to receive sanitary s'~wer service, /--7.'!lIST BE ZNCLUDED in a new District improvement district, assess-' men, district or other program to be formed and implemented for the purpose of providing san,tory sewer facilities and service for the general area within which this proposed development is located, following which it will be eligible to receive sanitary sewer service, provided: 1) The developer completes all. necessary financial and other arrangements therefore, as determined by the District, with the District by September 1993 ; 2) That no LXMITXNG CONDITIONS exist which APE BEYOND this DI~IC'T'S COffTROL or CANNOI Bb COST EFiriECTIVELy and/Or reasonably satisfied by the Dis,ticS, which conditions may include but are not limited to, acts of God, PJEGULATORY AGENCY REQUXRENEtTT$ or decisions, or-legal actions lnitlatea by others; If you have any questions or torments regarding the foregoing, do not hesitate to contact this office. Assistant Director of Customer Service Mail %: Posr Office Rc,x R~O0 , San~acinm. California 925RI-R~00 · Telephone E714; 925-76?6 , Fu c71.i? 929~: Main C)ffiL~: 20. i5 5. ~n.l~intc} Sty. ~nJ~intu · (~sttm~r ~'iL~'Engi~i~ An~= ~ E ~kh~ Awn~. Hc~. ~ 1. Names and A, asses of ]nvolved Parttea: Znvolvement Name Owner of Property Ltnfteld School Address 31950 Pauba Road . Ternecpla. CA 92590 'Developer DeveloDer's Engineer Albert A. Webb Assoc. Riverside. CA c~SOt; General Location of the tnvolved property: North side of hubs Road. We~t Brief legal description of the tnvolved proper~y: Tentative Parcel HaD 27314 Number of proposed lots/parcels 4 Parcels Estimated number of dwelling units (or equivalent) Dther pertinent information Zoned Senior Citizen· Convale-~ent Small scale map of the subject proposed development Area 96.7 (in acres) · I.hn F. HetuulZar ,,..,, . M.,,..i.., .~|rC,rmeck. I~idmen May 7, 1992 Mr. Saied Nanseh City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 Water Avm'!ab~ity Tentative Tract Map 27314 Change of Zone 21 Dear Mr. Naasch: ** Please be achriscd that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). 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 fights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA' WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:oj162/F186 cc: Scnga Doherty, Engineering Technician -R7'A RIVERS/DE TRANSIT AGENCY 1825 THIRD STREET · IqlVI~tSI3E, CA 92507-34B4 · BUS, r714] 88443850 FAX [714] March 2, 1992 City of Temecula Planning Department 43174 Business Park Drive Ternecula, CA 92590 RE: TT 27314 Dear Saled: We do not currently provide service to the site mentioned above but based on the size of the project and our own plans for future growth, we are requesting that a bus turnout or a pad for a bus stop be incorporated into the general design. Ideal site for the bus turnout would be on northside comer of Pauba Road adjacent to Parcel 3 just before main emmnce to the senior citizen housing. If possible, we would also like to request that pedestrian walkways and wheelchair curb be provided near the turnout location specified above. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be completed. Should you require additional information or speciftations, please don't hesitate to contact me. Sincerely, ;,'/ ~/- , Barbara A. Bray Transit Planner SS/jsc PDEV #151 TO: FROM: DATE: REFERENCE: The Temecuh Community Services District (TCSD) sinft' Ins reviewed the conditions as se~ forth in the City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 27314, Amendment No. 2, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No.' 460.93 as attached. questions regarding the meaning of the attached conditions shall be referred to the 'TCSD. Gary Irdng seryx Yamosk Debbie Ubnoske TEMECULA COMMUNITY SERVICES DISTRICT Prior to the rccordaflon of the final map, th~ applicant or his assigna:, shall offer for dalic~tion 2.~ acres d parkland and ex~cut~ a IJv~r of Agr~m~t with tlz TCSD, to construct a Senior Center Facility and required parking in accordance with City Standards and the Development Agreement. All proposed slopes, open space, and parkland intended for 'dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbas as a proposed TCSD maintenance areas. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or grater), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City Standards and completion of an application process. All other slopes shall be maintained by an established Home Ownen Association (HOA). ATTACHMENT NO. 3 EXHIBITS R:~S~STAFFRFT~7314.l;.C 2./24/93 IrJb 32 CITY OF TEMECULA CASE NO.: Development Agreement No. 9201 Change of Zone No. 21 Tentative Parcel Map No. 27314, Amendment No. 3 ~YJnnIT: A /f' DATE: M~rch 1, 1993 R:~S~3TAFFRFr~314.pC 2/24193 klb SITE PLAN CITY OF TEMECULA TR ,MB lfle/ · .L.L._I CASE NO.: ~XF1TRIT: B P.C. DATE: Development Agreement No. 9201 Change of Zone No. 21 Tentative Parcel Map No. 27314, ,Amendment No. 3 TENTATIVE PARCEL MAP March 1, '1993 ATTACHMENT NO. 4 INITIAL ENVIRONMENTAL STUDY R:~S~TAI~RF['~73]4.1sC 2/24/93 kJb 33 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY H BACKGROUND Name of Proponent: Address and Phone Number of Proponent: Lin~sld On'istian School. 319~0 Pauba Road . Temecula, CA 92592 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: CITY OF TEMECULA 5. Name of Proposal, if applicable: 6. Location-of Proposal: ENVIRONMENTAL IMPACTS N/A Surrounded by Pauba Road to the south and Rancho Vista Road to the north and 700 feet east of Margarita Road (Explanations of all answers are provided on atlached sheets.) 1. Earth. Will the proposal result in: Yes Ma_vbe No C, do Unstable earth conditions or in changes in geologic substructures? Disruptions, displacements, compac- tion or overcovering of the soU? '. Substantial change in topography or ground surface relief features? The destruction, covering or modi- fication of any unique geologic or physical features? X X X X R:'%S~STAFFRP'I'%27314.1E$ 2123/93 klb e$ f. b, Water. a. b, Ce d, Any substantial increase in wind or water erosion of soils, either on or off site? 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 thebed 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? Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? 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 paRems, or the rate and mount of surface molT?. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Yes X Ma_vbe X X X X X X X X X R:~S\STAFFRPT~27314.1E$ 2123/93 klb Discharge into surface waters, or in any alteration of surfac~ water quality, including, but not limited to, W, ml~ralm. e, dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground watm-s? Change in the quantity of ground waters, either through direct eddi- tiom 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 propony to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: a, 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? dv Substantial reduction in acreage of any agricultural crop? ...X X Maybe .X .X X R:XS\STAFFRPT~27314.1ES 2123/93 klb lO. Animal Life. Will the proposal result in: Chan~ in the diversity of species, or numbers of any species of animals (birds, land animals iacludin~ rep- files, fish and shellfish, beathic organisms or insera)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or · wildlife habitat? 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 hv~ardous substances (including, but not limited to, oil, pesticicles, chemicals or ~adiaflon) in the event of an accident or upse~ conditions? Yes X Maybe X X X X X X X X R:\S\STAFFRPT%27314.1ES 2123/93 klb , 11. .12. 13. 14. bo 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? H~using. -Will the proposal affect. existing honing or create a demand for additional honing7 Tramportation/Cireulafion. Will the proposal result in: as Generation of substantial additional vehicular movement?. bo Effects on existing parking facili- ties, or demand for new parkin~ Cw Substantial impact upon existing. transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? e, Alterations to waterborne, rail or air ~af-~c? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police proteaion? c. Schools? d. Parks or other recreational. facilities? Yes X X Maybe X X X ..X X R:~$\STAFFRPl'~27314.1ES 2123,93 15. 16. 17. 18. ee · Maintenance of public facilities, including roads? f. Other governmental services: !~. W~l the proposal result in: Use of substantial amounts of fu~l or ellorgy.9 Substantial increase in damand upon existing sources of energy,.. or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b, Communications systems? c. Water? d, Sewer or septic tanks? e. Swrm water drainage? f. Solid waste and disposal? Human Health.-' .Will the proposal result in: b, Creation of any health hazard or potential health hazard (excluding mental health)? .. Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X X X X X X X X X X X R:~.S\STAFFRPT%27314.1ES 2123/93 klb 19. 21. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opporUmities? Cultural Resources. Will the proposal result in th~ alteration of or the destruction of a prehistoric or historic archaeological site? be Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object?. C$ Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d, Will the proposal restrict existing religious or sacred uses within the potential impact area? 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 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 futu.re.) Maybe X X X X X X R:\S\STAFFRPT~27314.1ES 2123/93 Idb Yes Maybe No Does the project have impsets which are individually limited, .but cumu- lstively considerable? (A project's im,nact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the ~nvironmont is significant.) Does the project have environmental effects which will cause substan- tial adverse effects On human beings, either directly or indirectly?. X X R:\S\STAFFRPT~7314.1ES 2123/93 Idb HI DISCUSSION OF THE ENVIRONMENTAL EVALUATION 1.b. 1 .c.d. I.e. 1.f. 1.g. 2.b. 2.c. No. The proposed project is not amicipa2d to cause changes in geologic substructures and create unstable earth conditiom. 'Since this approval does not provide enti~ements for structures, no mitigation measures are necesssry at this point. 'However, the Public Works Department is responsible' for implementation of necessary mitigation measures prior .to issuance of grading permits to insure stable earth conditions for the project. Yes. The approval of this project will not cause disruptions, displacements, compaction or overcovering of the soft. The ultim_nt~ development of this site will eventually cause these conditions. However, these conditions will not cause a substantial impact on the environment as no substantial changes in topography are necessary. No. The project site does not contain unique geologic or physical features as determined by a site inspection. Therefore, no substantial changes in topography or ground surface relief features will result. There is no substantial environmental impacL Maybe. The ultimate buildout of the project may result in wind and water erosion of soils as a result of grading. However, standard mitigation measures during the grading stage including watering the disturbed areas to prevent dust and proper erosion control during and after the grading will reduce the impacts to a level of insignificance. No. The site drainage for this project will be channeled through existing improvements and the runoff from this project is not anticipated to cause any offsite erosion. No significant impacts are anticipated. No. The project site is not located in an earthquake, landslide, mudslide, ground failure hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts are anticipated. No. The construction equipment associated with the construction of the project and the traffic generated by the ultimate residents and user's of the project are the major contributors to air emissions. However, these impacts are not considered significant since the construction is for a limited time only and the traffic generated from a senior housing project is not significant. : No. Objectionable odors are usually associated with commercial and industrial uses. Since this project is exclusively residential in nature there are no significant impacts. No. Due to the size of the project site and its location within the South Coast Air Basin, the alteration of air movements, moisture or temperature, or any change in climate would not occur in conjunction with the ultimate development of the proposed project. No significant impacts are anticipated. R:%S\STAFFRPT%27314.1ES 2123193 kJb Water 3.c. 3.d. 3.e. 3.f. 3.g. 3.h. 3.i. Plant Life 4.a.c. No. The ultimate development of the proposed project will not result in increased storm water flows in any marine or fresh waters. No significant impacts are anticipated. Yes. By covering the project site with concrete, asphalt and landscaping, the absorption ra2 of the site under existing conditions would be reduced and the mount of surface runoff would be increased. The existing 120 inch storm drain is sufficient to carry this runoff; therefore, no sighificant impacts are anticipated. Maybe. The ultimate buildout of the project will result in construction of dwelling units in the flood plain. The pads for these dwellings will be elevated above the flood plain. No significant impacts are anticipated to the course or flow of flood waters. No. The construaion of impervious surfaces on the project site will not substantially alter the existing drainage patterns nor proposed drainage patterns because of the size and location of the project. No significant impacts are anticipated. No. Swrmwater runoff and possibly irrigation nanoff from the pwposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbanized areas, including motor oil, pes~cides, herbicides and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Board. This clearance will insure compliance with the National Pollutant Discharge Elimination System (NPDES). No significant impacts are anticipated. No. The runoff from the project is conveyed to Murrieta and Temecula Creeks which flow inw the Santa Margarita River. Both Murrieta and Temecula Creeks and the Santa Margarita River recharge the Found water in the Murrieta-Temecula basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipated. No. The projea site is within Rancho Water District and will not draw from the ground water for their everyday use. Therefore, nO significant impacts are antic!pated. No. Rancho Water District has indicated the availability'of water to serve this project. Therefore, there is no potential for substantial reduction in the availability of water. No. significant impacts are anticipated. Maybe. A portion of the projea site is within the flood plain. However, the project will be conditioned to construct the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impacts to people and property from water related hazards such as flooding. No significant impacts are anticipated. Yes. The Biological Assessment prepared for the projea site determined existence of Non-U.S. waters weftand on the site. The projea is conditioned for obtaining clearances from Fish and Game and Army Corps of Engineers prior to approval of any development R:~,S~-STAFFRPT%27314.1ES 2123/93 Idb 4.b.c. A ..d Ure 5.b. 5.c. No~e 6.a. 6.b. applications. The project in general will introduce new species of plants and will e]imin,t~. file native pilLOrS present at this time. However,. none of the existing species are considered sensitive. No significant impacts are anticipal~l. No. The proposed project will not reduce the numbers of any unique, rare, or endangered species of plants as determined by time Biological Assessment. The project site is not presently being used for agricultural purposes; therefore, no significant ironaCtS are anticipated. - Maybe. The ultimate development of the site may eliminnt~ some of the 'native animals on the site however, soma may survive in an urban environment. The only additions to the animal life are expected to be household pets. The impact of this development is not considered significant for this category. No. The biological study recommended a focused K-Rat survey which identified no Steven's Kangaroo Rats on the site.. No other sensitive or endangered species were identified on the site by the biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species' other than the wetland there is no significant impact. The wetlands will be protected by two fifty (50) foot easements and will be incorporated into the design of the golf course. No. The ultimate development of the site will not significantly increase the existing noise levels· The short term impacts are associated with the construction of the project and the long term impacts will mostly result from the traffic generated by this project. Due to the size and location of this project these impacts are not considered significant. Maybe. The proposed project. abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior housing project: Since the exact location and type of the .dwelling units is not known at this time, a detailed noise study will be required to mitigate the impacts of the stadium noise on this project. The mitigation measures may include building orientation, design features, landscaping, etc. No significant impacts are anticipated. Lit, ht and Glare No. The project will not result in a significant increase in the light and glare of the area. Furthermore, the project will be conditioned to comply with Mt. Palomar lighting requirements. All lights will be conditioned to be directed on site, therefore, reducing the impact on the neighboring properties to a level of insignificance. '/"" R:~,S\STAFFRPT~27314.1ES 2123/93 Idb The light and glare produced from the high school stadium will impact this project which has been conditioaed to deal with this impact. The conditions will be enforced at the plot plan stage and include building orientation, building design, setbacks, etc. Land Use Yes, This project includes a zone change from R-R to R-3, The R-R zoning designation permits low density single family development with minimum ,5 acre lots and a variety of commercial uses, The R-3 zoning designation will create high density senior housing. and the supporting uses which will be dictated by the Development Agreement. · This change will not result in a significant impact because of the .low impact nature of senior housing, Natural Resources 9.a.b. No, Implementation of the proposed project would increase the rate of consumption of both renewable and nonrenewable natural resources during construction and project operation. Natural-resources consumed during construction would be aggregate materials, timber, and energy resources for on-site construction equipment and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, natural gas for heating and cooling, electricity for lighting, and appliances. As all of these resources are .readily available commercially, the proposed project would not have a significant impact on natural resources. Risk of Upset lO.a. No. The proposed projea is residential in nature and it is not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the tanks of the residents' and the visitors' cars and the pesticides used for maintenance of the landscaping are not expected to create significant impacts. lO.b. No, The proposed project will be reviewed by the Fire Department at the Plot Plan stage; 'therefore, all response time and emergency vehicle turnarounds will .be examined at 'that stage: No significant impacts are anticipated. Population ll.a. No. The ultimate build out of the project will increase the senior citizen population in the project vicinity. This increase could be in the form of out of wwn residents moving into the city, relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be significant. Housing 12. Yes, This projea will have a positive impact on the housing in the region since it will provide additional housing for senior citizens. No negative significant impact is anticipated. R:\S~.STAFFRP'P,27314.1ES 2/23/93 Idb " Transpom~o~C~n 13 .a.c. 13.b. 13.d. Maybe. The project will generate appro~rimnte!y 1,610 daily vehicle trips, 130 of which are e,xpec:t~ to occur during the evening peak hour. According to the traffic study, the major intersections impacted by this project will operate at Level of Service C or better. No significant impacts are anticipated since mitigation measures have been incorporated into the project. These mitigation measures include improving Pauba Road and Rancho *Vista Road bordering the *project to their ultimate half-section widths as secondary highways (88 feet right-of-way) in cenjuncdon with development. A painted median with left turn pockets will be provided for traffic on Rancho Vista Road and on Panba Road desiring to turn left into the project entrances. The project will be required to participate* in the future construction of off-site capital improvements through established procedures. No. The project will not create additional demand on existing parking facilities since the proper number of parking spaces will be provided for the site as required by Ordinance No. 348. Therefore, no significant impacts are anticipated.. No. The development of this project will not cause any alterations to present patterns of circulation or movement of people and/or goods since the major roads are already established in the vicinity of the project. Therefore, no significant impacts are anticipated. 13.e. 13.f. No. This project will not cause alterations to waterborne, rail or air traffic due to the nature of the project, its geographic location, and local ~ranaportation system. Therefore, no significant impacts are anticipated. Maybe. Project-related traffic could create new traffic hazards to motor vehicles, bicyclists, and pedestrians, both on and off the project site. Points of conflict would be created as a result of additional points of ingress and egress along Pauba Road and Ranthe Vista Road.. Internal circulation patterns could also result in potential hazards to pedestrians. The following measures need to be incorporated into the project design to reduce the impacts of the project to an insignificant level: ' The gate for the proposed senior housing should be setback from the Right-of- Way to allow for proper stacking of cars behind the gate. Vehicular and pedestrian entries to the project should be clearly identifiable to visitors through the use of signage, llardscaping and landscaping. Circulation within the site should be designed to minimiTe conflicts between automobiles and pedestrians. A pedestrian friendly design needs to be incorporated into the project design providing adequate pedestrian circulation. Accent paving, crosswalks, landscaped walkways and adequate lighting should be used to identify and enhance pedestrian walks. R:\SXSTAFFRPT~27314.1ES 2/23/93 kt Public Servids '14.a. 14.b. 14.c. 14.d. 14.e. Consideration should be given to providing safe pedestrian access through parking areas and from the public street walkways to building entrances. No. Mitigation fee of $400.00 dollars for each unit will be collected to mitigate the impacts of this development on Fire Service. The Fire Departnz~ Will review the Plot Plan for this project to insure adequate service. No significant impacts are anticipated. No. The City of Temecula is contra~ting through the 'Riverside 'County Sheriffs Depmtment for law enforcement services. This contract provides for thirty-one sworn officen and ~-ven non-sworn officers. Additional services are provided to the City through various divisions within the Sheriffs Depa~iment. The average response time for priority one calls is 6.5 minUteS add according to the Sheriffs Department this response time is well within industry standards for adequate service levels. The City intends to maintain a ratio of 1 officer per 1,000 residents. No significant impacts are anticipated. No. The proposed project is an exclusively senior housing project. No school aged children are anticipated to be generated from this project. No significant impacts are anticipated. No. The proposed project will include a private golf course and other active amenities. A senior center might also be a pan of this project which will create new activities for the residents. No significant impacts are anticipated. No. The project will cause increased traffic on city streets; however, this is not considered a significant impact (refer to No. 13). 14.f. Energy 15.a.b. Maybe. The future project residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this project will mitigate the impact. No Significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources would be required during project operation, such as gasoline, natural gas and electricity. However, the proposed project would not result in the use of substantial amounts of fuel or energy which are commercially abundant. No significant impacts are anticipated. R:\S\STAFFRPT%27314.1ES 2~23~93 Idb Utilities 16,a,b,c, d,e,f. Human Health 17.a.b. Aesthetics No, All the utilities and services are within close proximity to the project site and will be extended to the project site with agreements between the developer and the individual agencies, No significant impacts are anticipated, No, -.The nature of the proposed uses permitted on the 'projea -~ite'is not such that they would create potential health hazards, No significant impacts are anticipated, 18. Recreation Maybe. The project will go through further review in terms of architecture and landscaping when a Plot Plan application is flied. All aesthetics issues will be dealt with at that stage. At that time close attention shall be given to the impacts, if any, to the existing single family dwellings to the north of the projea site and the existing schools on the west and east of the site. No significant impacts are anticipated. 19. Yes. The proposed project will include a private golf course and other active amenities. A senior center may also be a pan of this project which will create new activities for the residents. These impacts are considered positive and will not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No, The proposed project will not have a significant impact on prehistoric or historic cultural resources according to the University of California Eastern Information Center. This conclusion was made upon completion of a Phase I study. A condition will be imposed on the projea to have a qualified archaeologist present at the time of grading as required by ~e Eastern Information Center. .. R:XS\STAFFRPT~27314.1ES 2123193 Idb ENVIRONMENTAL DETERMINATION On the basis 6f this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ticant effect on the environment, there will not be a signi- ticant effect on this case because the mitigation measures described On attached sheets end 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 February 2. 1993 Date - For CITY OF TEMECULA R:\S%STAFFRPT~27314.1ES 2~24~93 Idb ATTACHMENT NO. 5 DEVELOPMENT AGREEMENT R:~q~STA~14.1~C 2/24/93 ~ 34 RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 D~'V3/aOXaM3M~ Bas'n.arar~ CZ'I'Y OF ~ LZ. MYIE~ SCI~OOL R:~'tS'TA~D.DA 2/'23/93 Idb - 1 - DEVELOPMENT Bs'rw~s~sfi CITY OF TEMECD'LA and T~X LINFIELD'SC~OOL This Development Agreement ("Agreement") is entered into to be effective on the date it is recorded with the Riverside County Recorder (the ,Effective Date") by ~-d among the' City of Temecula, a California municipal' corporation ('"City") and the persons and entities listed below ("Owner"): THE LINFIELD SCHOOL A. The legislature of the State of California has adopted California Government Code Section 65864-65869.5 ("Development Agreement Legislation") which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property. B. Pursuant and subject to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in 'real property located within the City's municipal boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City Council of City by the obligations specified herein and further limit the future. exercise of certain governmental. and proprietary powers of and members of the City Council. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement. G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections 65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject' to the requirement that its decisions be consistent with the RfiS~TA~.DA 2f/3~3 klb - 2 - general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning.and Research are me=. I. Pursuant to City Ordinance No. 90-4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant to City Resolution No. 90-31, the City has adopted the Riverside County Southwest Area Community Plan ("SWAP.), as a planning guideline during the preparation of the City's General Plan. J. The-City Council of 'City hereby finds and determines that: (1) The City is proceeding in a timely fashion with the Preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the draft general plan proposal presently being considered. (3) There is little or no probability of substantial detriment to or interference with the future adopted general plan if ·the Project is ultimately inconsistent with the plan. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine- .~- tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba describedRoad, hereinafter referred to as the "Property,, as in Exhibit "A" attached hereto and made a part herein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. 27314. L. City and Owner desire that the Property be developed as a Senior Citizen Housing Development as further described herein. M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate adverse impacts thereof have= been incorporated into the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. (3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the Property or any changes, amendments, or modifications to the Property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate as permitted by law the R:~STAFFR~D.DA 2/23~ ~ ' 3- adverse environmental impacts of such development entitlement which were not considered or mitigated at the time of approval of the Project. (4) Should the Owner propose more than 240 dwelling units for parcel 2 of the property then the environmental impacts of those additional units shall be evaluated, and the City my condition the project as necessary to mitigate such additional units. N. Within forty-eight (48) hours of the effective date of this Agreement, Owner shall deliver to .the Planning department a check-payable to the County'Clerk in the amount of' One Thousand Two Hundred Seventy-Five Dollars (1,300.00), which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($50.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game-Code Section 711.4(c). O. City Council of City has approved this Agreement by Ordinance No. adopted on , 1993, and effective on , 1993. 'NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care.Facility. is a congregate care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City" is the City .of Temecula. (c) "Development Approvals"means all those discretionary land use entitlements necessary to develop the Property, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. (e) "Development Plan" means the development of the Property as depicted in Exhibit G. (f) "Existing Development Approvals" means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, R:~TA~INFIBLD. DA 2~23/93 klb -4- without limitation, the ~Existing Development Approvals. listed in Exhibit B which were approved by the City of Temecula (g) · "Land Use Regulations. means all ordinances, resoluti&ns, codes, rules, regulations and official policies of City, governing the development and use of land including without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, th~ maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the'Property which are a matter of public record on the Effective Date of this Agreement. "Land Use Regul-ations. does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) The conduct of businesses, professions,. and occupations; (2) Taxes and aseessments; (3) The control and abatement of nuisances; (4) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development. means a multi-family development intended for persons 55 years of age or older, as further defined at California Civil Code Section 51.3. (i) "Subsequent Development Approvals. means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project. is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner. means the person having a legal interest in the Property; .. (1) "Subsequent Land Use Regulation. means any' Land Use Regulation adopted and effective after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Ownerl Owner represents that he has a legal interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in'this Agreement, attached hereto and made a part hereof by this reference: R:~S~TAFPR]rI'U-INI~//).DA 2/23/93 klb -5- Exhibit Designation Description A -. Legal Description of the K Property Referred to in Paragraph B Existing Development 1 (f), 15.2 Approvals C Development Schedule.. 9; 10 D Public Facility Fee 14~2 Agreement. E Fee Credit 14.3 F Deed Restriction 10 G Development Plan 9 4. T~rm. (a) The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (ii) breach the Development Schedule, Owner agrees to City amending the land'use designation to Low Medium Density Residential or Public Institutional, and amending the zoning to Single Family Residential (R-l) or Public Institutional. (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit or space shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (1) The lot has been finally subdivided and individually (and not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14 of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling, unit or space as set forth herein, the Owner shall remain liable to perform any and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure the completion of said obligations.' R:~S~STAFF~.DA 2;23/93 kab -6- 5. Assignment. 5.1 Richt to Assign. The Owner shall have the right to.sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et =~4~.~, or ~Riverside County Ordinance No. 460, as the same was incorporated by reference into the TemeculaMunicipal Code by Ordinance No. 90-04) to. any person, partnership, Joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such'sale, transfer, or assignment shall include-the assignment and.assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City,' in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to t-he City Attorney, by the purchaser, transferee, or assignee and providing therein that .the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement.- Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner has'provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder. R:~qkqTA~Ir-I~.DA 2/2~/93 klb - 7- 5.3 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer,. or assignmeut shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgagee Protection. The parties hereto agree -that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering .the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, Or other security device securing financing with.respect to the Property. City acknowledges that the lenders providing such financingma~ require certain Agreement interpretations andlagrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation. City will not unreasonably withhold its consent to any such requested interpretation provided such interpretation is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's costs associated with said interpretations and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish. or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the 0wner's obligations under this Agreement. (c) If City timely'receives a request from a Mortgagee requesting a copy of any.notice of default given to the Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten.(10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided R:~S\STAFFRFI'~IIVFIBLD.DA 2/23/93 [rib - 8 - that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement.' (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. B~n~.~ng R[fect of Agreement. The burdens of this · Agreement bind and the benefits of the Agreement inure to~the · successors-in+interest to the parties to its. " 8. Relationship of Parties. It is unders=ood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 9. Project Zoning. Pursuant to the Existing Development Approvals, the Project descTiption contained at Section 16·.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under the City's Draft General Plan is Public Institutional and High Density Residential. The rezoning and 'proposed land use designation'is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of..the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 27314, Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) The parties acknowledge that Owner cannot at. this time predict when, or the rate at which .phases of. the Property will be developed. Such decisions"depend upon numerous factors whi'ch are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it-is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for '- 3ersonal injury including death and claims for property damage R:~S~TAFFRPT~EqF~,LD.DA 2723~ ~ '- -9- which my arise from the direct or indirect operations of the Owner or those of his contractor, subcontractor, agent, employee or other.person acting on his behalf which relate to the Project~ Owner agrees to and shall. indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to 'in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. Owner further agrees to indemnify, holdsharmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement or the Project. 12. Litigation. 12.1 Third Party Litigation Concerning Agreement.. Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers' and employees from any claim, action, or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 12.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free' and harmless from any liability, based or asserted, upon any act or omission. of Owner, its officers~~ agents, employees, subcontractors, predecessors-in-interest, successors, assigns ~nd independent contractors for any violation of~any federal, state, or local law, ordinance or regulation relating to industrial hygiene, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, in its discretion, participate in the defense of any such action. 13. Third Party Litigation Concerning the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 .and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent therewith so long as the City makes certain findings, which the City has made at Section J. of this Agreement. Notwithstanding these findings City shall have no liability in damages under this Agreement for any failure of' City to perform under this Agreement or the inability of Owner to R:~S~STA~INF]ILD.DA 2/23/93 kib -10- develop the Property as Contemplated by =he Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public Benefits. Public In~rovements and Facilities. 14.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully. met by'development of the Project and further acknowledge and agree that this Agreement confers substantial private benefits on the Owner which should be balanced by co~-~ensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from the 'Project. 14.2 Impact Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee"), in the amount in.effect at the time of payment of the fee. (The term "developer(s) of the Property or Project" as used in this Section shall mean the person(s) who seeks a building permit to construct structures on the Property. These individuals shall. hereinafter be referred toas the "Developer,.) If an interim or final public facility mitigation fee or benefit 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 an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay all other impact fees provided for under the Land Use Regulations, including, but not limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee Credits and Schedule. In exchange for the dedication of' land, the construction of improvements and the payment of fees, Owner shall be entitled to Fee Credits set forth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that Owner is not waiving its right to protest the reasonableness of any interim or final Public Facility Fee and the amount thereof. ' 15. Reservations of Authority. 15.1 Limitations. Reservations, and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to .the development of the Property, including, but not limited to: R:~%~STA~.DA 2/23~3 klb -11- (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings,~repor~s, recommendation, appeals, and any other matter of procedure. ~ (c) Regulations governing construction standards and specifications includfng, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d)~ Subsequent Land Use Regulations w~ich are not in conflict with the Project. 15.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. 15.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided,~ however, that this Agreement shall remain in full force and effect to the extent it is not inconeistent with such laws or regulations and to the extent such laws'or regulations do not render such remaining provisions impractical to enforce. 15.4 Regulation by 'Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to.regulate aspects-of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 15.5 Vestinq Tentative Maps. If any tentative or final subdivision map, or tentative or .final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, ~t seq.) and Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this R:~S~STAFFRF~I3NFIiF/,D.DA 2/23193 kl~ -12- Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. DeveloDment of =he Property. '- 16.1 Project. The Property shall be developed with the following uses, and only the following uses: (a) Senior Citizen Housing Development on Parcel 2 of Parcel Map 27314, up to 20 dwelling units per net acre with a target density of 10 dwelling units per acre; (b) Nine (9) hole private.golf course for the sole use of 'private residents on Parcel-2 of Parcel Map 27314; .. (c) Senior's Cc~,unity Center with a minimum of 3,500 square feet on Parcel I of the Parcel Map 27314~ (d) Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Rights to Develop. The permitted uses of the Property, the density and intensity of use, the maximtunheight and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in Section 16.1 and the Development. Plan.. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 Changes and Amendments. Notwithstanding Section 16.1, the parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subseqtxent Development Approval effectuate such change and. City shall process'and act on such application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Project shall be deemed "minor" and not require an amendment to this Agreement provided such change does. not: (a) Alter the permitted uses of the Proj.ect as a whole; or, (b) Increase the density or intensity of use of the Project as a whole; or, (c) Increase the maximum height and size of' permitted buildings~ or, (d)- Delete a requirement for the reservation or dedication of land for public purposes within the Project as a whole; or, R:~S~STA~t-n. DA 2/23/93 {rib -13- (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact RepOrt pursuant to Section 21166 of the Public Resources Code. 17. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it .may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. .(b) During each.periodic review.by. City, the Owner is required to 'demonstrate good faith-compliance .with the terms of the Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 18. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and 'in the manner provided for in Government' Code Sections 65868, 65867 and 65867.5. If the Amendment is requested by the 0wn'er or successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council 'Resolution, or if no such fee'is established, to reimburse City for the actual and necessary costs of reviewing and processing said Amendment. 19. Breach of Agreement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation,. which breach is not cured following written notice and a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall not be excused . because of a failure of a third person~ and (iii) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified breach, Owner shall be deemed in compliance with the provisions if, within thaz thirty-day time period Owner begins good faith efforts to cure such breach and shall present a specific and reasonable timetable to the City for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in R:~S~TAFFRFFq/NIqILD.DA 2Y23~ ~ - 14 - documented form, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. Nothing herein is intended to limit Council's right 'to make other determinations which are reasonably related to the Agreement. (d) The City Council shall cause Owner to receive written notice of any action taken following the public hearing. (e) Withim not less than thirty (30) days of receiving notice of the City Council's action, Owner. shall be entitled to initiate an action in s~ate court to seek judicial review pursuant to California Code of Civil Procedure.Section 1094.5. In the event Owner initiates such a review, the Council's determination shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this Agreement, and the'failure of Owner to· successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to Institutional or Low-MediumDensity Residential, and .amend the zoning to Single Family Residential (R-l); Owner further agrees to such amendments. (g) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in·City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 20. Damages Upon Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and · Owner covenants not to sue for or claim any. damages for breach of that Agreement by City. 21. Attorneys' Fees'and Costs.· If'legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 R:~S~TrA~I~BLD.DA 2/23/93 ~b -15- Notices required to be given to Owner shall be addressed as follows: .To Owner: A party may Change .the address by giving notice'in writing to the other party and thereafter notices shall be.addressed ~-d transmitted to the new address. 23. Rules of Construction ana Miscellaneous Terms. (a) The singularincludes the plural; the masculine gender includes the feminine; "shall" is mndatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more tb~ one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. (e) This Agreement is made and entered into for. the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. (f) This Agreement may be executed by the parties in counterparts, each of which so 'fully executed counterpart shall be deemed an original irrespective of the date of execution. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. "CITY" Attest: By :' MAYOR City Clerk R:ISXSTA~~I-n. DA 2Y23/93 klb - iL 6 - Approved as to form: City Attorney "OWNER . Name: Title: By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC, EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS,] .. R:~'dTA~I-B-DA ~M {rib - 17 - E2~I3Z? wan DESCltIPTION OF TH~ PROPERTY BEING A PORTION OF THE RANCliO TEME~, AS GRANTED BY U.S. GOV'T TO LUIS VIGNES BY PATENT DA~ 1-18-1860, AS SHOWN BY LIBER 1 PAGE 37; REC'S OF SAN DIEGO CO., AN PARCELS '1,2,3.0F PiM.'.83/9.7- 100 REC'S RIVERSIDE. CO. LOCATED IN THE CITY'OF TEMECULA, CALIFORNIA. 2/23/93 k~ - 18 - EI~IBIT EXISTING DB~qtv. O~ APPROVALS Tentative Parcel Map No. 27314 Change of Zone No. 21 R:~STA~.DA ~J23/93 k~b ' 19- Dx'V'ELO~ SCm~ux,E Within five (5) years of the effective date. of this DeVelopment Agreement, Owner shall have substantially begun construction of each of the following uses: Twenty (20) dwelling unit~ of the Senior Citizen. Housing Development,-and The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun construction. shall mean obtaining a building permit and having an approved and inspected foundation. Prior to the issuance of the certificate of occupancy for the first unit of the multi-family senior housing complex, Owner shall have constructed and obtained a certificate of occupancy for the Senior Citizen Center, and shall have completed the Golf Course. "Completed the Golf Course. shall mean construction and completion of all structures, six months growth of the grass-and certification of-the course by a Licensed Landscape Architect. Within five (5} years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map 27314 and have obtained all Subsequent Development Approvals for the Senior Citizen Housing Development, the Congregate Care.'Facility, the Skilled Nursing Facility, the Personal Care Facility, and the Golf Course. ' Within the term of this Development Agreement, Owner shall have obtained certificates of occupancy for all buildings identified in the Subsequent Development Approvals. R:~S\STAFFRFI"ILINFIBLD.DA 2/23/93 irab - 2 0 - mlBIT mDmm PUBLIC FJtCILITY Fe~ t,~l~x'~ex,~ 2/23/93 Ir.,{b - 2 1 - ~t,q/II7333..AGR Recording requested by, and When recorded mail to: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk ) ) ) ) ) ) ) ). ) AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this day of by and between the City of Temecula ("City") and ("Developer,,). RECITALS A. Developer is the owner of real property (the "Property',) in the City of Temecula described as follows: Exhibit A, attached hereto and incorporated herein by reference pursuant to Developer proposes:to develop.the Property '(the "Project"). Recording of this Agreement is fee exempt pursuant to Goverbanent Code Section 6103as it is recorded for the benefit of the City of Temecula, a public agency. -1- sff/117333.AGR (10/3(V91) .. C. City has determined that the Project will impact traffic and the demand for other public facilities within the City as identified in .the for the Project. These i~pacts must.be mitigated by.payment of a.fee for additiona'l road and public facility construction,. which fee shall be identified as set forth hereinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to serve and benefit new developments, including the Project. These fees shall be known as the "Temecula City-wide. Public Facility Fee Program" or "Public Facility Fee." E. Condition No. of the Project requires that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F. In order for. Developer to proceed without full payment of the Public Facility Fee in a'timely manner, City and Developer have determined to enter into this Agreement. G. The term "public facility" shall refer to public and municipal infrastructure, suchas roads, highways, flood control facilities, city hall, police stations, community centers, theaters, parks and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: (a) The City Council will establish the amount of the Public Facility Fee at some time in the future. The Fee will be based upon the square footage of each development, the vehicle : trips generated by each development, or similar measure(s). The · . Public Facility Fee also shall establi'sh the sp&cifiC improve- ments to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for public facilities. .. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its certificate of . occupancy or final inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee. If only the Interim Public Facility Fee'has been established at the ti~e the Developer seeks issuance of its certificate of occupancy or final inspection, whichever occurs first, then Developer shall pay the Interim Fee prior to issuance of the certificate of occupancy or final inspection, whichever occurs first. Later, when the Final Public Facility Fee i~ established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. s~f/117'J33.AGR fl t~3W91 ) -. (d) If'the certificate of occupancy or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ($2.00) per square foot, not to exceed Ten Thousand Dollars ($10,000) prior to the 'issuance of the certificate of occupancy or final inspection. The' deposit shall be a credit against the Interim or Final Public Facility Fee. A letter of credit or certificate of-deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay the Interim or Final Public Facility Fee ten (10) days after receiving notice from the City'that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim 0r Final Public Fa&ility Fee has been established, the Fee shall be paid'to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. sfY/117333.AGR (10/30~1) 2. Use of Public Facility Fee: The Public Facility Fee collected pursuant to this Agreement shall be used only to construct City-wide'traffic and public facility improvements, which improvements are deemed to be of benefit tO Project, and for expenses incidental thereto. There is a reasonable relationship between the Projec~c and Public Facility Fee in that the Project will impact traffic and existing public facilities, and Consequently, will require expansion of the City-wide street and highway system, and public · facilities in order to meet ~he added demand resulting from the Project. The a~ount of the Public Facility Fee to be collected from Project represents the cost-of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the'Project. 3. Information Provided: Developer shall provide to City, upon Cityus request therefor, any and all information regarding access to the Project, %raffic flow, trip generation factors and such other. information as is reasonably necessary to establish the Public Facility Fee. 4. Security for Public Facility Fee: (a) If the Interim or Final Public Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with sfrl117333 .AGR (I (:1/30;9 i ) the e~ecution of this Agreement, Developer shall provide an irrevocable letter of credit or other form of security approved by City, in a form approved by the City Attorney, in an amount equal to the total Public Facility Fee fo; the Project. The amount of security may be increased upon City's reqUest should there be an increase in the amount of the Public Facility Fee. The amount of security also may be reduced upon Developer's payment of Public Facility Pees outstanding. However, except for the deposit provided for in Section 1, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the Developer fails to pay the Public Facility Fee within thirty (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee,-incluSive of penalty, a lien upon the described real property by.recording a no~ice that said Fee is due under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under th~ terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. (c) The City may as an alternative to =he lien procedure set forth above, bring legal action to collect the Public Facility Fee due. The Developer agrees that.if legal action by the City is necessary to collect the Fee the Developer agrees to pay the'City'a reasonable sum~ as att0rney*S fees and court costs, together with penalty and interest determined according to Paragraph 4(b) of this Agreement. 5. Aareement Runs With Land: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parties. 6. Waiver: By execution of this Agreement, Developer waives any right to protest the provisionsof Condition No. of the Project, this Agreement, the formation of any Public Facility fee district, but not the nexus between any Public Facility fee and the Project. · 7. Binding Aqreement: This Agreement shall be binding upon Developer, Developer,s successors and assigns. 8. Amendment/No Continuing Waiver: This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the pai~cies and supersedes any sff/ | 17333.AC~R and'all.prior oral or written agreements or representations. A waiver of any term or condition of this Agreement by either par~y shall not be deemed a continuing Waiver thereof. 9. Attorneys! Fees: · Should either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing par~y in that litigation shall be entitled to its reasonable costs, including but not limited to attorneyst fees. 10. Notice: Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: City of Temecula 43174 Business Park Drive Temecula, CA 92590 At=n: City Clerk i1. Miscellaneous'Provisions (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Agreement as Developer, their obligations are joint and several. ,]l/] 1733.LAGR IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITY. OF TEMECULA By: David S. Dixon City Manager By: APPROVED AS TO FORM: By: Scot= F. Field City Attorney X'TswlBIT m~m Fee C~,~D'rTS Upon obtaining a certificate of occupancy Owner shall dedicate to the City the Senior Citizen Center described in Exhibit C. In exchange for dedication of the Senior Citizen Center and completion of-the Golf Course, Owner shall receive a.full credit against its .Quimby Fees required pursuant to Riverside County Ordinance No. 460. R:~S~.TI'A~I-ra. DA 2/23/93 kab RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECUIa~, CALIFORNIA 92590 EXHIBIT mFm DEED RESTRICTION DECLARATION OF RESTRICTIONS This DECLARATION OF RESTRICTIONS made this , 1992, by (,, hereinafter referred to as "Declarant.. Im) day of WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property.); and WHEREAS, Declarant intends to sell the above described property, restricting it in accordance with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property. 1. Land Use and Building Type. No.personmay occupy any dwelling unit located on the Property unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. Term. These covenants are to run with the land and shall be bi~g on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended 'for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation. R:'xS\STAFFRPT~LINFIELD.DA 2F23/93 k]b - 2 3 - or to recover damages~ The City of Temecula may enforce any covenant of this Declaration. 4. Attorneys Feem. Should any party bring an action against the other for'the purpose of enforcing the terms of this Stipulation, or for damages arising fromlits breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other award entered by the Court. 5. Severability. Invalidation-of anyone of these' covenants by judgment or cour~ order shall in no wise..affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOP, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: R:\S~STAFFRFT~fFIBI, D.DA 2/23/93 kab -24- F. XBIBIT mmQm DEVELOPMENT PT.n.N SO'K)CL INSTINCT, ./ I ! / / "'u'k- R:~q~qTAFFP-Fr~-INF~I-h. DA 2/23/93 klb -25- ATTACHMENT NO. 6 PLANNING COMMISSION MINUTES AUGUST 17, 1992 2/'24/93 kn, 35 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, AUGUST 17, 1992 · A regular meeting of the City of Temecula Planning Commission was called to order Monday, August 17, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma'Drive, Temecula, California, Chairman John E. Hoagland presiding. PRESENT: '5 ABSENT: 0 COMMISSIONERS: COMMISSIONERS: Blair, Chiniaeff, ·Fahey, Ford, Hoagland None Also present were Assistant City Attorney John Cavanaugh, Planning Director Gary Thornhill, Senior Planner Debbie Ubnoske and Minute Clerk Gail Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. APPROVAL OF AGENDA Chairman Hoagland requested Item No. 6 be taken as the first item of business after approval of the agenda. It was moved by Commissioner Blair, seconded by Commissioner Fahey to approve the agenda with Item No. 6 as the next order of business. The motion was unanimously carried. NON-PUBLIC HEARING iTEM Planninq Commission Chairman and Vice Chairman Election Commissioner Ford nominated Dennis Chiniaeff as Chairman. Commissioner Blair nominated Linda Fahey as Chairman. Commissioner Chiniaeff withdrew his name from .nomination and Commissioner Fahey's nomination as Chairman was unanimously approved as follows: ~ PCMINB/17192 -1- 9/9182 PLANNING COMMISSION' MINUTES ABSTAIN: 2 COMMISSIONERS: PUBLIC HEARING Chiniaeff, Ford AUGUST 17, 1992 3. Variance No. 12 .Proposal to erect two freestanding signs-one six foot high sign adjacent to Jefferson Avenue and. one. twenty-five foot high sign adjacent to Interstate 15 with copy for the Hungry' Hunter and Jan Wellerr R.V.. on each sign. Matthew Fagan presented the staff report. Chairman Fahey opened the public hearing at 6:10 P.M. Larry Bradley, Sign Tech Electrical Advertising, representing the applicant, concurred with the staff report. It was moved by Commissioner Chiniaeff, seconded by Commissioner Blair to close the public hearing at 6:10 P.M. and adopt Resolution No. 92-(next) approving Variance No. 12 based on the analysis and findings contained in the staff report and subject to the Conditions of Approval. The motion was unanimously approved as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None Tentative Tract MaD No. 25277 and Chanqe of Zone No. 5724 Proposal is a request to subdivide a 47.7 acre parcel ~nto 96 single family lots and 5 open space lots and a zone change'from R-R to R-t. Saied Naaseh advised that the item has been rescheduled to the meeting of September 21, 1992. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue Tentative Tract Map No. 25277 and Change of Zone No. 5724 to the meeting of September 21, 1992. The motion was unanimously approved. 5. Development AQreement No. 92-1 (DA 92-1 ), Change of Zone No. 21 and Tentative PCMIN811 7/92 -3-. 919/92 ~PLANNING COMMISSION MINUTES Parcel Mao No. 27314, Amendment No. 2 AUGUST 17. 1999 Proposal is a request to subdivide a 96.9 acre parcel into 4 parcels and a 48.4 acre remainder parcel, A Development Agreement to ensure the development of the project as senior housing, congregate care facility, skilled nursing, personal care, a nine hole private golf course and dedication of a 2.3 net acre Parcel to the City of Temecula, and a Zone Change from R-R (Rural Residential) to R-3 (General Residential). Commissioner Blair stepped down due to a conflict of interest. Saied Naaseh presente. d the staff report. Roger D. Prend of Albert A. Webb Associates, 3788 McCray Street, Riverside, architect representing the applicant, stated that they are in concurrence with the staff report, however, commented on the severity of the five (5) year time limit and suggested some additional language allowing the Planning Commission or the City Council to use their judgement based on the amount of financial contribution or improvement to the property instead of a five year limit, in the event of financial difficulties. Mr. Prend added that the idea behind the development is to have a zone change and a conceptual site plan/parcel map to allow a developer to come in and finance a project and the development agreement is the guarantee for the right to do the development as it is being proposed. Commissioner Ford questioned whether the golf course is proposed to be public or private. Roger D. Prend stated that although it is proposed as private, the applicant would like not to restrict it at this time and give the developer that option. Chairman Fahey opened the public hearing at 6:30 P.M. John Telesio, 31760 Via Telesio, Temecula, stated that he is in support of the project, howevet requested clarification of the following: what'.is the meaning of senior housing, and that the school portion will remain zoned R-R. Mr. Telesio also expressed concern that the senior housing portion of this development is proposed adjacent to the high school which might present a problem due to noise and lighting from football and other school oriented events. Bob Pipher, 41825 Green Tree Road, Temecula, expressed his concern that the area remain zoned R-R. Bob Kosslyn, representing Temecula Valley Unified School District, also expressed a reservation with the proposed senior project adjacent to the high school which may generate noise and light pollution during school events. Mr. Kosslyn requested that a disclaimer be presented in any purchase or rental agreement. PCMINB/17/92 B!9/92 NG' .~.~'~ COMMISSION MINUTES Commissioner Ford expressed the following c~ncerns: AUGUST 17.1992 * Is there adequate parking for a public golf course? * A reciprocal access agreement is in .place until the future plans for the school are completed. * What is the definition of a completed. golf course as referenced in the development agreement? Commissioner Ford e,~pressed these concerns re~arding the development agreement: * Page 18, 16.1 The number of units proposed in the development agreement is not concurrent with that stated in the market report, clarify the request. * Page 22, 18(E) Correct to read Pauba and Rancho Vista Road. Page 23, 19(C) States that the grading must all be at one time and asked if the developer been conditioned for immediate adherence to an erosion control condition. Page 24, 21 (A) Suggest that instead of "developer" should read "owner" or "successor". Page 26, (31) Request staff to clarify the reference to specimen trees. Page 26, (36) should read "entrance gates". Page 26, (42) should include a requirement for clearances from the Army Corp of Engineers, Fish and Game, and Fish and Wildlife. Page 29, review and clarification of access points. Commissioner Chiniaeff stated that conceptually the project appears to be good for the community, however, he felt that the Commission. was' being asked to make environmental findings that the Commission is not able to make regarding the following matters: * grading impacts and erosion control number of units planned · public vs. private golf course traffic impacts · impacts of dividing parcel 2 whose property line is on the lake · traffic impacts · impact of the stadium adjacent to the project and the proposed mitigation a general plan presumption that this area will be zoned high density Commissioner Chiniaeff also expressed these concerns regarding the development agreement: PCMINB/17/92 -5- 9/9192 ::,..,-~ .......PLAN ING COMMISSION MINUTES r N requested clarification of Page 3, M-2 and M-3. AUGUST 17. 1992 reference to the potential for amendment and interpretations; suggest outlining what cannot be amended. * makes reference tO maximum building heights and sizes of proposed buildings, however, the Commission has not been.provided that information. Commissioner Chiniaeff concluded that he feels that the request was premature based on the information provided to the Commission to make a .recommendation. Commissioner Hoagland' stated that he concurred that the project appeared good conceptually, however, this is a major development and requires a major development review. Commissioner Hoagland expressed concern regarding the following: what the impacts to the project and the surrounding residents would be if the school relocates the gym and other facilities as stated.' * buffering of the school and the project with respect to noise, lighting, etc. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to continue off-calendar, Development Agreement No. 92-1 (DA 92-1 ), Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 to allow the developer to work with staff on some of the specific items discussed. Commissioner Ford added that the specifications of the senior center should be included in the development agreement. The motion was unanimously approved as follows: AYES: 5 NOES: '0 COMMISSIONERS: COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey None PLANNING DIRECTOR REPORT Gary Thornhill reported the following: Final technical sub-committee meeting scheduled for Tuesday, August 18th, on Growth Management. Also planning a Town Hall meeting for August 27th and a joint City Council/Planning Commission meeting for September 3rd. Anticipate going to public hearing with the General Plan the third week of October. PCMINB/17/9 2 Temporary Sign Ordinance' will come back to the Commission in three weeks. Staff has been authorized to enforce removal of signs in public right-of-way and l/gig2 ATTACHMENT NO. 7 PLANNING COMMISSION STAFF REPORT AUGUST 17, 1992 R:~S~STA~]4.pC 2/24,~)3 ~b Case No.: RECOMMENDATION: STAFF REPORT.- PLANNING CrI~OF~ PlJu'qNING COMMISSION Augu~ 17, 1992 Devdopment Agresnent No. 92-1, Change of Zone No. 21, Teatstave. Patrol Map No. 27314,. Amendment N0. 2 · Prepared By: ,qaied Naaseh I~V. CO1VIMk':ND Adoption of Negative Declaration for Developmint Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2; and P-r~OPT Resolution No. 92- recommending Approval for Development Agreemetn No. 92-1, Change of Zone No. '21 and Tentative ~ Map No. 27314, Amendment No. 2 based on the Analysis and .Findings contained in the Staff Pepon and subject to the nttnche~l Conditions of Approval. APPLICATION INFORMATION APPLICANT: Linfield Chri~nn School Albert A. Webb Associates PROPOSAL: A request for approval of Development Agreement No.' 924 (refer to Attachment No. 6) to ensure the development of the site as a multi-family senior complex, congregate care, personal care and skilled nursing facilities, a nine-hole golf course and the dedication of a senior center to the City of Temecuh (rder to Exhibit "D"); a request for approval of Change of Zone No. 21 to change the zoning from Rural Residential (R-R).W General Residential (R-3) for parcels 1 through 4 of the Parcel Map (refer to Exhibit "F") and a request for approval of Tentative Parcel Map No. 27314, Amendment No. 2 to create four (4) parcels and a Remaintier Parcel (refer w Exhibit "E"). LOCATION: Fast of Temecuh Valley High School, south of Rancho Vista Road and north of Pauba Road EXIS~G ZONING: R-R (Rnral :lz,"slden~:d) SURROUNDING ZONING:' North: South:, Flast: West: specific Plan (SP 199, Margarita Vinage) Specific Plan (SP 219, Paloma Del Sol) Rural l~eside~..1 (R-R) Ruxul l~e~'iat-~,d (R-R) PROPOSED ZONING: R-3 (C. zezleml Residentlnl) EXISTING LAND USE: Ijn~eld School Site SURROUNDING LAND USES: North: South: East: We,st: Single Family Dwellings Vacant (Paloma del Sol) Single Family Dwellings Tcmecula Valley High School PROJECT STATISTICS Life of the D~velopment Agreement Number of Parcels Total acres Parcel 1/Senior Center Site Parcel 2/Multi-family Complex Parcel 3/Congregate Facility Parcel 4/Skilled Nursing, Personal Care Remainder Parcel/Lin~eld School 15 years 4 plus a l~mainder Parcel 96.9 acres 2.3 acres 38.0 acres 6.2 acres 2.0 acres 48.4 acres BACKGROUND This project was submitted to the City of Temecula on 'December 17, I991. Three (3) Development Review Committee meetings were scheduled on. January 16, .1992, February 27, .-1992 and'May 7, 1992. On June 15, 1992 the application was deemed complete and was scheduled for a Planning Commission Hearing. PROJECT DESCRIPTION This project consists of a Development Agreement, a Zone Change and a Parcel Map. The following represents a' summary of the individual applications: Development Ai, reement 92-1 The purpose of this Development Agr~ment (D.A.) is to ensure the future development of parcels 1 through 4 of Parcel Map No. 27314, Amendment No. 2 as a multi-family senior complex, congregate care, personal care and skilled nursing facilities, a nine (9) hole private golf course and the construction and dedication of a semior center on Parcel 1. A deed s~r^~34T.m.x,c ,p 2 restriction will limit the age of all residems within this project m 55 or older. This D.A. is tied to the Change of Zone application to ensure the development of the above mentioned uses. Specific .language in the D.A. reverts back the Zoning and'the Geaeml Plan Land Use designations from R-3 and High Density to R- 1 and Low Medium Deng/ly or Public Institutional if the developer does not begin substantial construction of the mu!li-famHy semior complex and the for fifteenSears life of the D.A. is to allow the build out of the project. The. development of the site will comply with all the ~udmts of Ordinance No. 348, however, ff new .standards are adopted by the City by the time the applicant applies for further entifiements, new standards will apply to the project. Change of 7one No. 21 The current zoning on the pxul/-,ty is Rural Ramidmtial (refer to Attachment No. 7) and the applicant is requesling a change of zone to Genentl R~ideati,d (refer to Artnchment No. 8) for parcels 1 through 4 of the Pat~l Map. The re, m.i,,,k.z parcel retains the R-R zoning designation. Tentative P~rcel M~p No. 27314. Amendment No. 2 This parcel map wffi allow the parceliTation of a 97.9 acre parcel which inClude~ the Lin~eld School site which wffi be designated as a RemnindeT Parcel. Parcel No. 1 wffi be constructed as a senior center and will be dedicated to the City for operation and maintenance. Parcel No. 2 will be developed as a multi-family senior compl~ with an integrated nine (9) hole golf course. Parcel No. 3 will be set aside for the Congregate Care facility and Parcel No. 4 will be developed as Personal Cam and Sicined Nursing facilities. Access to Parcel 1 is provided by two 30 foot wide driveways, access to Parcel 2 is provided by two 30 foot wide driveways, one on Pauba Road and one on Rancho Vista Road, Parcel 3 will have one exclusive 30 foot access drive aisle and a shared drive aisle with Parcel 4 with the same width. The Remainder Parcel will be served by the existing driveway.. Several structures including the school's gynmasium, three storage structures and a residence and a baseball field exist on the site and will be removed to allow the construction of the project, These. facilities have been incoxpOmted inW the pwposed master plan for the Lin~eld School. Two narrow, 20 foot wide drainage ditches enter the northwestern comer of the site, converge, and then terminate in the unvegetated alluvial wash which is identified as a Blue Line Stream on the USGS maps. The drainage ditches contain a low quality Sonthem Willow Scrub which qualifies as wetland habitat as identified in the Biological Report. ANALYSIS Development At, mement 92-1 Since the development of this project as a senior housing complex requimt a zone change from R-R to R-3, Staff was concerned.about the potential deveJcpment of the site as a high density aparunent complex permitted under the R-3 zone. One way to insure the development of the sxs'rA~u.T~ai4Tru.i.c ,p 3 site as a senior housing complex as opposed to high density apamnents was to record an D.A. As a resu~ the zone change is tied to the developer's pedomance on the 'conmu~ou of the project as .specified in the Development Agre~t, The D.A. requires the developer to comply mdth a Developmeu~ $che~,de, (refer to Bxh'bit 'C" of AW,,chment No. 6). The followi~ r~plv~ts the develq3er's respousib~ uuder this Within five (5) years of the effec~ve date of tiffs Development Agreement, Owner shall have substantially begun constmaion Of each of the following uses:' a. Twenty (20) dwelling units of the Senior Citizen Housing Development, and b. The Congregate Care Facility, Skilled Nursing Facility, or Personal Care Facility. "SubStantially begun construction" shall mean obtaining a building permit and having an approved and inspected foundation. After twenty-five (2.~) percent of the dwelling units within the multi-family senior housing complex have received Occupancy kinfits and prior to the next Occupancy Permit issuance within thi.~ complex, owner shall have constructed and-obtained a Certificate of Occupancy for the Senior Citizeu Center, and shall have completed the golf course. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcel Map No. 27314 and' have obtained all subsequent development appwvals for the Senior Citizen Housing' Development, the Congregate Care Facility, the Skilled Nuning Facility, and the Personal Care Facility. Within the term of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all buildings identified in ,the subsequent development approvals. Failure to meet. any of these deadlines will .result in a breach of the D.A., and the city will initiate the reversion of the zoning' designation and the General Plan Land Use designation from R-3 and High Density Residenthi to R-1 and Low Medium Density Residential or Public Institutional. In order to satisfy the Quimby Act requirements which:are usually collected prior to the recordation of the Final Map, the applicant will receive a fifty (50) percent credit towards the · construction of the private golf course. The conceptual site plan for the project (refer to Exhibit "D") shows no public parking spaces for this facility, therefore, it will be used exclusively by the residents of the complex. The remaining fifty (50) percent of the Quhnby requh,.qnents is satisfied by the construction and dedication of the Senior Center site which will actually exceed the Quimby Act requirements. Both of these facilities will be built after twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit i.~slssnce within this complex. Technically, the developer could have 20 approved foundstions for the multi-family senior complex and have swraln,m,r, znl4rrM. w: ,row 4 received the approval for the fo-nr~on of either the coagx~s~ care, the skilled nursing or the personal care f~cilitle~, or have built these three facilities, and not be required to build the senior center or the golf course. Change of 7nne No. ?1 This Change .of Zone from R-R to R-3 was nec'e~ry to allow the develeper to apply for the cnti~ements necessnry to build the senior housing complex as identified in the D.A. Moreover, this zone change is "conditional" upon the pezfonnance of the developer in regards to the development of the site as specified in the Dev~ent Schedule Of the D.A. (refer to Exhibit "E" of Attachment 6). If the developer f-sil.~ to satisfy any component of this Development-Schedule, the Zoning and the General Plan designations will revert back ~znn R- 3 and High Den~j, Residential to R- 1 and Low Medium Density Residential or Public hqitutional. Tentative Pnrcel Mn~ No. 27314. Amendment No. 2 The proposed map will subdivide the 98.9 acre pamel into four (4) parcels and a Remainder Parcel. The Senior. Center site is located on Parcel No. 1. Due to the existing topography, the whole site will probably have to be mass graded in order for this pamel to be developed. Otherwise~ the parcel by itseft will be difficult to grade and .build on. Since the D.A..requires the developer to construct and dedicate the site to the City prior to release of the first occupancy penit for the multi-family complex, Staff does not foresee a potential problem with the topography. Compatibility with the Surroundin~ Uses The site will be bordered by existing single-family residenthi to the north and proposed single- family to the south, and two schools to the east and west. Staff has not been contacted by either of the two Home Owners Associations (ttOAs), Villa Avanti to the north and Green Tree to the east, expressing opposition to the project. 'Both of these HOAs have been notified'of the Public However, the Temecuh Valley Unified School District has expressed concern about the project and has requer~ a Conditional of Appwval be added to protect their interests (refer to Condition No. 34 and Attachment No. I 1 ). Staff shares the concerns of the School District since the proposed senior citizen complex will be surrounded by two schools which could impact this project. The existing stadium will generate light and noise that will need to be mitigated at the plot plan stage (refer to Condition No.35). ' ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The proposed project includes a change of zone from R-R to R-3. This change will allow the development of the projea site as a senior housing complex as dictnted within the D.A. The City of Temecuh is supportive of this change of zone since it will resuk in a desinble senior housing project consistent with the surrounding land uses. s~s'rA.,qqtrr~r3~4rrM.pc ~ 5 The first draft of the preferred lmnd use mnp shows the projea site ms Pubtic Institutional since i~ is now one parcel which contzins the T jisfidd School. If this projea is npproved as proposed, ~ Preferred Land Use M~ win be mewted to show High Densi~ Residential The SWAP ,'Jesipatlon for the project site is residential, minimum One acre lot size. The City of Temecula is supportive of the approval of this pWject since it will result in a desirable senior housing project con~isl~ with the mn, ound~ land uses. ENVIRO~AL DETERMINATION : An Initial Study 'was prepared for this project and'with the adoption of miti~tlon measures which have been incl, ded in the Conditions of Approval, all the anticipated impacts have been reduced to a level of in.~igni~cance. Themefore, a Negative I)w. lanfion has been prepared and recommended for adoption. The following snmmariTes the mitigation measures. Structures proposed in the Flood Plain which has been created as a result of surface drainage entering the site ~ Existence of weflnnds on · e site Temecula Valley High School stadium noise and lights Adequate provisions shah be made for acceptance and dispout of surface drain entering the l~ropc, ty from adjacent ar=s A mitigation measure that is acceptable to the Army Corps of Engineers, Fish and Game and Fish and Wildlife These impacts shall be dealt with at the Plot Plan stage and include mitiption measures such as building" orientation, building design futures such as over hangs, landscaping and setbacks · CONDITION NUMBER 63 33 35 swrA.,~trnr~rrrujq: vn 6 Traffic impact of the project bn the public street system with 1,610 daily vehicle trips including 130 peak hour trips and the operation of a major intersection. at level of Internal circuh~on impacts to cars and pedemiam Rancho Visa Road provideaccesstothe project s~ Tne Sate for the multi-family senior complex shall be set allow for sinciting of Impacts to Fire Services Impacts to Library Services * A pedestrian friendly circulation system shall be designed to separate the pedesWian circulation from the auW circulation by ,linking paxicing buildings and recreation areas to~er by accent paving, crosswalkS~ and sigaage A $400.00 per dwellin~ unit fire mitigation fee shall be assessed a~ainst ~ project A $100.00 per dwelling unit library mitigation fee shall project 44&79 36 & 37 38 21 s~vr~z4Tr~.~ ~w 7 Aesthetics Impact to the surrounding uses At the Plot Plan stage the archim:~,e and the a,,n4smpin2 of the project shall tak~ into ,account the e~ectively buffer 'with... neC~ry by ~ l~iannj~g 39 SUMMARY/CONCLUSIONS The senior citizen complex shall be constructed as specified in flus Dovemeat Agreement. At the same time the D.A. prevents the construction of Mgh density apanmea~ once the zoning is changed to R-3. The developer has five (5) years to start the construction of the project and fifteen (15) years to complete the project. The construction and dedication of the Senior Center and the construction and operation of the Soft course arc required after twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex. Staff feels that the approval of the Development Agreement, Zone Clumgc and the Parcel Map will start the foundation of a senior citizen complex that will receive more detailed review at the Plot Plan stage to ensure the projects consistent with the existing and proposed uses surrounding the site. FINDINGS Development Agreement'No. 92:1 1. The City is proceeding in a timely fashion with the preparation of its General Plan. Them is a reasonable probability that the D.A. will be consistent with the General Plan proposal presently being considered, since the pwjea will be compatible with surrounding uses and will carry out the policies intended for the General Plan. Therefore, there is a reasonable probability that the D.A. will be consistent 'with the future General Plan. There is little or no probability of substantial d~Uimeat to or interference with the future adop~d General Plan ff the D.A. is u!~m~e~y inconsisU~nt with the plan, since this projea will be compatible with the surrounding uses. SWF~!4TTM'ImC ~ 8 5 The D.A. complies with all other applicable n, quin,mcdts of State Law and Local OrdinsnceSo TI~ envixonmen~l ~ ,of' tile ~ellt lave been :review'ed and all measures deemed feasible to mitigate adverse impacts thereof have been incorporated into the City No other mitigation me ures for eavimm- impsets ereaxed by the project, as presently approved shall be required for development of the project unless mandated by laws. The City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environments1 xtwiew of mbsequemt dis:mmiomxy entitlmn~ts for the development of the p_roix.4ty or any changes, amendments, or modifications to the property. The City, as a result of such zeview, may impose additional measures (or conditions) to mitigate, as permitted by law, the adverse environmental impacts of such development entitlement which were not considered or mitig~terl at the time of approval of the D.A. Change .of Zone No. 21 There is a reasonable probabili~ that Chan~ of Zone No. 21 will be consL~emt with the City's .future General Plan, wl~ch will be completed in a reasonable time and in 'accordance with State Law, due to the fact that the future development of the site will be controlled by a Development AKrecment which is consistent with City's policies for the new General Plan. s There is not a likely probability of substantial detriment to or intc~M with the future General Plan, if Change of Zone No. 21 is Ultlm~tely inconsistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. The pwjea is compatible with surrounding land .uses'since this pwjeCt will not have 'negative impacts on the existing school sites to the east and west and the existing and proposed single-family dwellings W the north and south. s The proposal will not have an adverse effect on the environment, since mitigation measures have been incorpommd to the project design and conditions of approval to reduce the impacts to a level of ~cance. Tentative Parcel Map No. 27314 There is a reasonable probability that Tentative Parcel Map No. 27314 wffi be consi.qent with the City's future General Plan, which wffi be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing appficable city zoning ordinances and development standards. e There is not a likely probability of substantial de--ament to, or imerference with the City's future C,m--nenl Plan, ff the proposed use is ultimately incon,dqent with the Plan, since the future development of the site will be controlled by a Development Agreement w~ich is consistent with the City's policies for the new General Plan. The proposed use or action ss conditioned compiles with State plsnninE and zoning hws. Rdcrence local OrdinsnCeS No. 348, 460;'and Calffornl= Governmental Code Sections 6,50 (K)-66(K)9 (l~innniqg ~ Zonln..,e Law). The pwjea as desiffned and conditioned wffi not advex~y affect the public health 'or, welfare since all impacts have been ~ to a level of inni~nificance. The project is compatible with suffoundi~g land uses aince the proposal wffi not have a negative impact on the existing school sites to the east and west and the existing and proposed single-family dwellln~s to the ncnlh and south. The projea has. acceptable access to (letlic~Tecl rights-of-way which are open W, and useable by, vehicular Unffw. The project draws access from Pauba Road and Rancho Vista Road, improved dedicated City ri~hts-of-way. l~'oject access, as designed and conditioned, .conforms with applicable City ~ngine~ring standards and ordinances. s The pwject as designed and condidoned will not adversely affea the built or natural environment as determined in the Environmental Analysis for this project. Said Findings are suppoxted by minuteS, maps, exhibits and environmental documents associated' with this application and herein incorporated by xeference, due to the fact that '.they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. STAFF RECO~ATION: RECO~ Adoption of Negative Declaration for Devel0Pment'AgTeement No. 92-1, Change of Zone No. 21 and Tentative Parcel. Map No. 27314, Amendment No. 2; and ADOPT Resolution No. 92- recommending Approval for Development Agreement No. 92-1, Change of Zone No. 21 and Tentative Parcel Map No. 27314, Amendment No. 2 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of ~val. swr,~=nPT~jt,n.ntpc ~, 10 2. 3. 4. e 10. 11. 12. 13. Resolutions - blue page 12 ~ces - blue page 18 Conditions of Approval - blue page 19 Exhibits - blue page 35 vicinity b. SWAP Zoning Y ap d. Conceptual Site Plan e. Tentative Pan~ Map No. 27314/Amendment No. 2 f. Change of Zone No. 21 g. Conceptual Blevatiom Initial F..nvironmentsl Study - blue page 36 Development Agreement - blue page 53 Sections 5.1 and 5.2 of Ordinnnce No. 348, Rura] l~esidentinl Zoning Standants - blue page 54 Sections 8.1 and 8.2 of Otrlinnnce No. 348, Csene~ ][e~ide~tlnl Zoning Standards - blue page 55 Sections 18.5 and 18.6 of OfdinnnC~ No. 348, Statldltrds for Planned Residential Developments & Planned Residnrda] Developments-Senior C'Rizens -blue page 56 Sections 19,101, 19,102 and 19,103 of OrdinnnC~ No. 348, Congl~gat~ Car~ Facilities Standards - blue page 57 School District Letlzr - blue page 58 Arthur Anderson Study, Development Program Recommendations - blue page 59 Mjscellnneous Correspondence - blue page60 s~r~mu, r~j,TTu.~ ,,p, 11 ATTA~ NO. 1 RESOL~ONS swr~~4rr~.~ ,v, 12 ATrA~ NO. 1 RESOLUTION NO. 92- A RESOLUTION OF Tin?, PI,A_NNING COMMISSION OF Tm?.CITY OF T~IIKtlLA~~ING APPROVAL OF DEV!ffOPI~u~ AG]z~ NO. 92-1, CHANGE OF ZONE NO. 21 TO CBANGE Tin?- ZO.NING FROM R-R TO R-3, AND TENTATIVE PARCEl. MAP NO; 27314, ~MENT. NO. 2 TO S'tJBDIVIDE A 96.9 ACRE. PARCEl. INTO H)UR (4) PARCE~-~ AND A R~VlAINDER PARCEI, LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANClIO VISTA ROAD AND EAST OF ~ T~dECULA VALLEY HIGH SCHOOL. WI~EREAS, The I.in~eld School ~l~ Development ~ent No. 92-1, Change of Zone No. 21 and Parcel lVtnp No. 27314, Ame~me~t No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinsnces, which the City has adopted by refexznce; WHEREAS, said applications were processed in the time and mannerprescribed by State and local hw; WI~',~.EAS, the Planning Commission considered said applications on August 17, 1992, at which time interested penons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended appwval of said applications; Now, Tnn . ORE, .Tnv.' H,ANNmC COM - SXON OF'-Tm - crry OF TEMECULA DOES RESOLVE, DETERMINE .AND ORDER. AS FOIJ-OWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shah adopt a general plan within thirty (30) months fonowing incorporztion. 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 hw that its decisions be con.~istent with the genenl plan, if all of the following requircments are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The p~nE agency fmds, in appmving projects and takinZ other actions, inclwfinz the issuance of building permits, each of the fonowing: a. There is a reasonable probability that the land use or action proposed will be consisumt with the general plan proposal being considered or studied or which will be studied within a reasonable time. - b. ~aere is litfie or no ~ of subsUmtial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. · c. The 1~ use or action complied with all other appficablc requirements of slate law and local ordinances. B. The Rive,~ County General Plan, as amentied. by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incoxpom~on 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 prelnm~on of its General Plan. C.. The Planning Commission in recommending approval of uid appfications makes the following findings, to wit: Development Agreement No. 92-1 1. The City is proceeding in'a timely fashion with the preparation of its General Plan. 2. 'There is a reasonable probability that the project will be consistent with the general plan proposal presen~y being considered, since the project will be compatible with surrounding uses and .will carry out.the poficies intended'for the General Plan'. 3. There is tittle or no probability of substantial detriment to or interference with the future adopted general plan ff the project is .ltimnteJy inconsistent with the plan, since this project will not have a negative impact on the surrounding uses. 4. The project compiles with all other ~pficablc requia~nents of slate law and local ordinances. 5. The environmental impacts of the agreeanent have been reviewed and all measures deemed feasible to mitigaZ adverse impacts thereof have been incorporated into the City approvals for the project. 6. No other mitigation measures for environmental impacts created by the project, as prcscn~y appwved shall be required for development of the project unless mandated by laws. swravp..u~ge.r~x.c ,p, 14 7. ~ ~ may, purnmm to and in accoMance ~ i~s rules, re~lafions, and ordinances, ccmduc~ an ~mem~l ~ ~ subsequem d~x~ionary nnitlemems for the devel.opment of the pr~pc, aty m' any changes, nmm4m~m~, or modifications ~o the prosody. The City,-as a result of such x~-vlew, may impose additional measures (or conditions) to mitigate as permitted by law the adverse environm~tml impam of such development entitlement which Change of .7tree No. 21 1.. Them is a reasonable pn}habi~ that Change of Zone No. 21 will. be consistent with the City's future Cnmmml Plan., which will be complem~ in a reasonable time and in accordance with State Law, due to the fact that the future development of the site will be controlled by a Development Agreement which is con.~iqe~ with CAty's policies for the new General Plan. 2. There is not a likely probability of substan~nl detriment to or interference with the future General Plan, if Change of Zone No. 21 is ui~m,te!y incoosistent with the plan, due to fact that the development of the site will be controlled by a Development Agreement which is consistent with the City's policies for the future General Plan. 3. The project is compatible with sunminding laud uses since this project will not have negative impacts on the existing school sites to the i~ast and west and the existing and proposed single-family dwellings to the north and south. 4. The proposal will not have an adverse effect on the environment, since mitigation measures have been incoxpomted into the project design and conditions of approval to reduce the impacts to a level of in.~igni~cauce. Tentative Parcel Map No. 27314. Amendment No. 2 1. There is a reasonable probability that Tentative Parcel Map No. 27314, Amendment No. '2 .will be consistent with the City's future General Plan,' which .will be completed in a reasonable time and in ac.c. ordance with State :law. The project, as conditioned, conforms with existing applicable city zoning ordinances 'and development sUmdards. 2. There is not a likely probability of substastinl den'iment to, or interference with the City' s future General Plan, ff the proposed use is ultimately inconsistent with the Plan, since the future development of the si~ will be conuoned by a Development Agreement which is consistent with the City's policies for the new General Plan. 3. The proposed use or action as conditioned complies with Slate l~lanning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmenlal Code Sections 65000-66009 (Planning and Zoning Law). health or welfare. The project as designed and conditioned will not adversely affect the public swrapppam2'n~4~M.x,c ~ will not have a negative impact on the exjstin~ school sixes ~o the ess~ and west and the existing and propo.sed sin~le-fsmfiy dwellin~ to the north and south. 6. The project has ~le access to defllcat~ rights-of-way which axe open to, and useable by, ve~irs,l~r traffic. The project draws access from Pauba Road and Rancho Vista Road, improved ¢ledicate~ City rights-of-way. Project access, as designed and condi~oned, conforms with applicable City :Engineering slandards and ol~in~nces. · 7. The project as aesip,d and condifioned Will not adversely affect the built · · or natural enVittmmelR as detzBllilled in the F,/IvilDnm~ Analysis for this project. 8. Said findings are suppodr. A by min,~tes, maps, exhibits and environmental documents associated with this application and herein incmporat~ by reference, due to the faa that they are rderenced in the artached Staff Report, .Exhibits, Environmental Assessment, and Conditions of Approval. F. As conditioned pursuant to SBCTION HI, the Parcel Map proposed is compatible with the health, safety and welfare of the. community. Section 2. l~VirOr~ment~i Conlpli.nce. An Initial Study pvzpared for this pwjea indicates that the proposed projea will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecuh Planning Commition hereby ref-~mmcnds appwval of Development Agreement 92-1, Change of Zone No. 21, and Tentative Parcel Map No. 27314, Amendment No. 2 located at north of Pauba Road, south of Rancho Vista Road and east of the Temecuh Valley High School subject W the following conditions: A. Attachment No. 3, attached hereto. Section 4. PASSED, APPROVED AND ADOFrED. this 17th day of August, 1992. JOHN E. HOAGLAND S~r~i4TTM. PC ,p 16 I ~~Y C'~TII~ that th~ foxt~oing l~ol~on was dul~ adopted b~ the Planning Co~ion of th~ Cit~ of T~n~'~la at ~ r~g~lar me~ting the~of, h~ on th~ 1 ?th ~ of August, 1~72 b~ th~ followin~ vot~ of th~ Comm{~s~on: 'PLANNING COMlVIISSIONIKRS: NOES: PlANNiNG COMMISSIONI~I~: PLANNING COMMISSIONERSf' A~'YA~ NO. 2 ORDINANCES S~ST,~'PRFr~;314TTIf.p~ vie 18 D~I-~TKD BY STAFF ATTA~ NO. 3 CONDITIONS OF APPROVAL s~r~pm.r~rrDoc ,p 19 crrYoF~ CONDITIONS OF APPROVAL Tentative Parcel Map No: 27314, ~mp~dment No. 2 Project l:~scrip~n: A request to subdivide a 96.9 acre pan~ into 4 parcels and a remainder Assessor's 'hrc~l No.: 946-070-080 The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension my be approv~ in accordance with the State Map Act and City OrdinanCe, ulxm writtin request, ff made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless enended as provided by ~dinsnCe 460. The expiration date is s Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by ~ce 460 shall be provided from the tract map boundary to a City maintain~ mad. Subdivision phasing, if applicable, shall be subject to Planning Depamnent approval. Any proposed phasing shah provide for adequate vehicular access to all lots in each phase, and shall. substantially conform to the intent and purpose of the subdivision approval. A Homeowners Association shall be established for mainZnance of Open Space/Common Area and the developor/applicant shall pay for all costs relating to establishment of the Homeowners Association. A copy of the final grading plan shall be submi2d to the Planning D~panment for review and approval. All on-sins cut and fill dopes shall: Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of thirty (30) feet. Setbacks from top and boUom of slopes shall be a minimum of one-half the slope height. B. Be contour-graded to blend with existing natural contours. S~TA~i4TrM.IsC wgw 20 10. 11. 12. 13. 14. 15. 16:. 17. C. Be a pan of the dow~H11o~ when within or between individual lots. ~ slopes over three 0) feet in height shall be m--dsc~ and irrigated according to the City Development Code. A 0etafled inn0sc"aphg and irrigation plan, prepared by a qn,nlified pwfeuionnl, shall be subm~ed to ~ Ci~ plnnnlng Department for review and appmvld prior to iqnuu~ od~ ~ pOrtoitS. the County. Health Delmttment's trnn.unlma] dated July 1, 1992~ a .copy of which .is attached. .. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated May 4, 1992, a copy of which is attached. AH proposed consmtction shall comply with the California lnrdtute of Technology, Palomar Observatory Outdoor ~ ightlng Policy, as outlined in the Southwest Area Plan. . The applicant shall comply with the recommendations outlined in the Bastera Municipal Water District transmittal dated March 12, 1992, a copy of which is attached. The developer shall be responsible for mninte~nnce add upkl~p Of nil SlOpeS,. landscaped areas and irrigation systems until such time as those operations ate the responsibilities of other panics as appwved by the Planning Director. The applicant shah comply with the recommendations ontlined in the Ratwho transmittal dated May 7, 1992, a copy of Which is attached. The applicant shall comply with' the recommendations outlined in the RTA transmittal dated March 2, 1992, a'copy of which is attached. The applicant shah comply with the ~.mmenda~ons ou~ined in the Temecuh Community Services Dis~ct' transtnittal 'dated August 12,. '1992, a copy" of which is attached. Prior to recordation of the final map, an Environmental Con.uninU Sheet (BCS) shah be prepared in conjunction with the final map to delineate identified environmental concerns and shah be permanently filed with the office of the City Engineer. A copy of the ECS shaJ] be transmitted tO the Phnning Depa:lment for zeview and appwval. The appwved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Depamnm of Building and Safety. The following notes shall be placed on the Environmental Constraints Sheet: A. This property is located within thirty (30) runes of Mount Palomar Observatory. 18. A fifty (50) foot wide easement shall be recorded on both sides of the wetland habitats as identified in the Biological Report and shall be designated a biological open space. The area within this e~.~-me~ may be incorporated into the design of the golf course. C. Drainage easements shah be kept free of bpiMings and obstructions. D. The lO0-ymr floodphl- area slml] be ,teline~-d. Prior to the issuance Of BUrt.r~ING Pi~MrTS the following conditions shah be satisfied: Prior tO the i~mnce of building permits de~ile~ common open space area !:mdsc~ping and irrigation plane shall be submitted for Phnning Department approval for the phn~ Of development in process. The plans shall be certified by a landscape architect, and .shall provide for the foRowing: Permanent automatic irrigation systems shall be installed on all landscaped areasrequifinginiga~on. - t-andscape screening where required shall be designed to be opaque up to a minimum heightof six (6) feet at maturity. All utility service areas and enclosures shah be ~ned from view with inndsc~ping and decorative barriers or baffle treatments, as appwved by the Phnning Director. Utilities shall be phced underground. Parkways shall be !nn~ W provide visual screening or a transition inW the primary use area of the site. Landscape elements shah include earth betruing, ground cover, shrubs and specimen trees. 'Front yards e. Wall plans shall :~.~-.,-k-.,_ .Margar;r~Road. be submitted for the project perimeter'and .along Wooden fencing shall-not .be allowed on the perimeter of the project. All lots with slopes leading don from the lot shah be pwvided 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 pwject. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to in-_,n. ffficient road fight-of-way, they shall be planted outside of the wad right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 19. L je All ec4nlng specimen ~ msd siguirum rock outcroppings on the subject pmycaty shall be shown on the pmjea's grading phns and shall note thos8 to be moved, ~ and/or retained. All trees shall be minimum double stalrpd. Weak~ and/or slow growing trees simH be steel l Prio~ to ~h~c= of G]~AI'~ING pI:~I~ITR the foBowing conditions shall be satisfied: A. conceptual grading plan shall be submitted to the Pl~mning Director for approval. The plan shall be used as a guideline for subsequent de~aile~l grading plans for individual phases of developmm and shall include the fortowing: (1) . Twhniques which will be utilized to pxevent erosion and sexiimcnta~on .during and after the grading process. (2) Approximate time frames for gr~d!ng and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and wadWay elevations. (4) Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungmded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incoxporating the following grading techniques: (1) C2) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. AngUlar forms shah .be discouraged.. The. graded form shall reflect. the natural rounded terrain. (3) The toes and tops of slopes shall be wunded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. (4) Where cut or fill dopes exceed 300 feet in horizontal length, the horizontal comou~ of the slop~ shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Bufiding and Safety that all adjacent off-site manufactured dopes have recorded slope easements and that slopo malice responsibilities have been asaigned as appmved by the Director of Building and Safety. S~'TAIrPIPT~*DI4Tr~PC vgw 23 20. 21. Prior to 'the i.~nnce of a grndlng permit, the applicant shah comply with the provisions of 'Ordinnnc~ No. 663 by paying the ayprop, iate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior 1D i.~:~n~,~ of ~'ndin~ petalits, erosion control pmvi~ ~~ ~ ~i~n~ NO. 457.75. An overall concetmud landscape plan shall be-submitted to. the Planning Department for appxoval prior to issnnn,-e of any grading permits. This plan shall highlight all the areas which will be !nnd~ including front yards, slopes withill individual lots, common area slopes/open space, golf course, street parkways, etc. Construction lnndscs~ne plnn.~ for each phase shall be subntitted for approval to the Planning Depantnent prior to issuance of any building permits for that phase.. All common area bmd~ing for each phase shall be installed prior to issuance of the final for any building in that phase. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleonWlogical impacts. Should the paleontologist find the potential is high for impaa to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contnctor shall be arranged. When necessary, the paleonwlogist or representative shah have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 'Prior to the issuance of BUrr .r~rNG PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residentlnl lot/unit within the pwjea 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. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved ftre protection plan as appwved by the County Fire Marshal. 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 appwval. S~I'~I4TTM.pC vgw 24 23. 24. Building separation between all buildings i~ch,dinE fsmp~ shall not be less than ten (10) feet. Prior to the i.~nnce of OCCUPANCY P~-MrI'S the following conditions shall be salis~ed: All !,ndsc4pin~ and irri~a~on s!lll be ins~lled in accordance .wish approval plans prior to fiz im,.nee of oc'n~nc~ l~mils. If .ssonsl conditions do not permit planting, inanim ls~J~.mping sad ~osion control m~asures sisall be utilized as approved by The Plnnnin~ ~ isd lti ~ 'of l~,~ding and Safety. All hnctsc~inE sad irril~.en shall be i~,~.~ in accordance with approved plans and shall be verified ~ Ci~ field inspection. agreement with~___n/~:-1, ln~ for the refuse service to include the utm~,tlon of a small pick-up truck equipped with a lift mechanism in order to move the containen out and back into the project; rims, prohibiting the entering of large refuse trucks into the project. Said agreement shah be submitted to the planning ~ for approval. The subdivider shall defend, ilyJ~nlfy, and hold harnfiess the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula. its advisory agent. appeal boards or let, ish,vc body concerning Tentative Parcel Map No; 27314,' Amendment No. 2, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula wffi promp~y notify the subdivider of any such claim, action, or proceeding against the City of Tcmccula and wffi cooI~rate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceexling or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be zr. sponsible to defend, indemmify, or holdharmless'the City of TemCcuta. The developer shall make a good faith eft'on to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for paymere by the developer of all costs incurred by the City to acquire the off- site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approvod by the City prior to commencement'of the 'appraisal. SWrAFFRPr~/314TTM,pC 'eSw 25 All utility systems inc~ndin$ gas, electric, telephone, water, sewer, and cable TV shall be provided for unde:gl~ond, with emsemems provided as rec/uimd, and designed and constructed in ac, wrdan~ with City ~ and the utility prorider. Telephone, cable T~r, and/or security systems shall be pro-wired in the resiaeace~. 26. All utilities, except elec~ lines rated 33kv or greater, shall be in,~ned underground. Covenants, Conditions and l~e,evi~onxrRecipmcal A~ess Easements: 27. The Covenants, Conditions and Rmx4,cti0ns (CC,&R's) shn be reviewed and appmved by the Pbnning Department tnior to final approval of the wact maps: The CC&R' s shall include liability insurance and methods of mnln~ininE the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 28. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common f~cilifi,~ in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to mz~in~in, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwellinE units and flexibility of assessments to meet changing costs of maimchance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions requited by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive appwval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. Maintenance for all isnd.~-4ped and open areas, including parkways, shall be pwvided for in the CC&R's. Every owner of a dwellinE unit or lot shall 'own as an appurtenance to such dwelling unit or lot., either (1) an undivided interest in the' common.areas and facilities, or (2) a share 'in the corporation, or voting membership in an associ~fi_on, owning the common areas and facilities. All existing specimen trees on the subject property shall be prcscrved whcrcvcr feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. 32. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver W the Planning Depamnent a cashiers check or money order payable to the County Clerk in the mount of One Thousand, Two Hundred, Seventy-Five D011an ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollan ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five DOllar ($25.00) County zffirnlnl.m-afive fee to enable the City to file the Notice .of Determination required under Public ~ Code Section 21152 and S~FA~I4TTM.?C qw 26 34. 35. 36. 37. 14 CaL Code of Regulafi0ns 15075. If within such foxy-eight (48) hour period the applicant/developer has not deJivemt to the Planning Delatmtent the check required above, the approval for the projea grimted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). to the wetlands as identified in the Figu~ 2 of the Biological Report which includes the unvcgctatcd alluvial wash and the Southern Witlow Scrub. A proof of this consultation sbnl! be submitted to the Planning Depamnent along. with the Plot Plan or Conditional . Use P.~t app~. These applications .shah not be deemed complete without the proof of conmltation with both of these agencies. A full disclosure shall be made to all prospective residents, whether buyers or tenters, that the existing Temecuh Valley High School footiMdl s~cth,m, tenni.~ courts and othcr related facilltle,~ will be used extensively for ball games, practices, rock concerts and community activities. These events occur during both the daytime and evening hours and will generate considerable noise and light. The Temecula Valley Unified School District will not accept responsibility for the impact that these activities may have on the neighboring complexes, nor will any of these conditions be subject to ffti~on by the district. The disclosure shall be mnd~- at the time of initial marketing and through individual grant deeds. The specific form of the disclosure shah be approved by the Planning Director and the City Attorney prior to issuance of building permits. The proposed project will be impacted by the Temecuh Valley High School stadium noise and light. The following shall be implemented prior to approval of any Plot Plans Or Conditional Use Permits: A noise study shall be submitted. This study shah examine the impact of the stadium on the proposed residences. Mitigation measures shall be included in the study including but not limited to building setbacks from the westerly property line, walls, IAnd~q~ing, building orientation. and building design. -.These -mitigation measures shall reduce the maximum interior noise level to 45 Ldn and the exterior noise level to 65 Ldn. Mitigation measures shall be incorporated into the project design including but not limited to building setbacks from the westerly lhoFctty line, wall% landscaping, building orientation and building .design. These mitigation measures shall reduce the impact to a level of insignificance as determined by the Planning Director. The entrance gate~ to the private roads in the multi-family senior complex, if pn~posed, shah be setback sufficien~y to allow for sureking of cars to avoid blocking the right-of- way. This condition shall be complied with prior to approval of the Plot Plan. A pedestrian friendly circulation system shall be designed to separate the pedestrian and auto circuhtions by iiniringparking lots, building and recreation areas tog.ether by accent paving, cross walks, lighting, IAn,lsc~ing and signage. s~r^~,x~r~4vm.~c ,~ 27 38. 39. TIle ambitectu~ and the hnd~ 'of-file p~ject dud] ~ke into account surrounding single-family units and als and effectively buffer ~ with !andseeping or create a pleasing facade to ~ neig'abodng p, opta~es espechlly the single-fanfily units. 40. The development of this project shall comply with Development Agi, eement No. 92: 1. PUBLIC WORK,~ DEPARTMENT The following are ~ Depamnent of ~ Wo~cs Conditions of Appwval for ~ project, and shall be completed at no cost to any Government Agency. All querdons mgazding the true meaning of the conditions shall be rafened to the al,,p,-op,~e sUfff pearson of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements,. ~veled ways, improvement constraints and ~ courses, and their omission may require the project to be zesubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 41. Pursuant to Seaion 66493 of the Subdivision Map Act, any subdivision which is pan of an existing. Assessment District must comply with the requirements of said section. 42. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: 43. Rancho California Water DiStrict; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecuh Fire Bureau; Planning Department; Depamnent of Public Works; Riverside County Health Department; CATV Franchise; Parks and Recreation Depamnent; General Telephone; Southern California Edison Company; and Southern California Gas Company. All mad casements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such ofters. All dedications shall be free from all encumbrances as approved by the Dquamnent of Public s~AFnA'~,rr'm.pc ~ 28 45. 46. 47. 48. Pauba Road and Raucho Vim Road shall be improved with a half-width of 32 feet of asphalt concrete pavement, or bonds for the meet improvements may be posted, within the dedicated right-of-way in ~ce with City Standard No. 102, (88'/64'). In the event road or off-sit~ fight-of-way are required to comply with .these conditions, such e=-~me,,ts shall be ob~i,,e,!~ by the dev~ or, in the event the City is x~luix~ to condemn the e~.me~t or fight-of-way, as providai in the Subdivision lVt_ap 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.S, .which shah be 'at no cost to the City. " Vehicular access shall be restricted on Pauba Road and Ranclio vista Road and so noted on the final map with the exception of access points and street intcnec~ons as shown on the tentative map and as approved by the ~eaat of Public Works. An easement for a joint use driveway between shall be provided between parcels 3 and 4 prior to approval of the Final Map or issuance of building permits, whichever occurs fh'St. Easements, when required for roadway slopes, bn6sc~ne menU, drainage fscilitlcs, utilities, etc., shall be shown on the final map ff they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. \ A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Direaor of Phnning, City l~ngin~r and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the p, ot~a ty to be developed, shall make the C~r a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The' CC&R's shall be subject to the following Engineering' conditions: A. The CC&R's shall be prepared at the developer's s01e cog and expense. The CC&R's shall be in the form and content approved by the Director of Phnuing, City ~n~inee? and the City Anomey, and shall include such provisions as are required by this appwval and as said officials deem necessary to pwtect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the l~opc, ty Owner's Association are subjea to the approval of Planning, Depamnent of Pubtic Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the dfective establishment, operation, ananagement, use, repair and maintenance of all common areas, drainage and ~vr,-~wr~,rr,~c ,p 29 mainntined so as not to create a public nni~ssnC~. 2. i~iurocal access easements aud maintenauce agreemenU ensuring access " ' all parcels and joint mniutesmsnce of all roads, drives or parking areas be provided by CCIR's or by deeds 'and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. The CCtl's shall provide that if the p/ofu$y is not maintained in the condition required by the CC~R's, then the City, after making due de-n,nd and giving reasonable notice, may enrgr the.propc, ty and'perform, at the owner's sole expense, any mnin~nCe fequizl~ ~ by the CCg~R's or the City OITlinnnCel. Ther ytr4~ty shall be s!lbjoct to a ]jell in favor of the City to secure any such expense not pwmptly reimbursed. 1. All parkways, open areas,' onsite. slopes. and landscaping shall be' ~y mnln~inod by the association or other means acceptable to 50. The subdivider shall construct or post security and an agreement shall be executed -guaranteoing the construction of the following public impwvements in conformance with applicable City standanh. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing., striping, and other traffic control devices as appropriate, B. Storm drain facilities. Landscaping (smset.pazkway and slope protection). Sewer and domestic water systems. 51. E. Undergrounding of proposed utility distribution lines if nxluired. The street desigu and improvement concept of titis project shah be coordinated with adjoining developments. 52. Street lights shah be provided along streets adjoining the subject site in accOxxhn~ with the requirements of Ordinance No. 461 and as approved by the Department of Public 53. Prior to recordation of the final map, the developer shall deposit with the Depamnent of . Public Works a cash sum as established, Per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of Waffic signal s~^mu, nmi.rm.g .,, 30 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 65. mitigation fee, he my enl~r into a written agreement with the City deferring said payment to the time of i=an,nnce of a btu'lding permit. Improvement plans shall be based ulxm a c~-,tcal:i~e. pwfii~ ext~inE~ a minim~ Of 300 Depamnent of Public Works. -. A minimum centerline street grade shah be 0.50 pcrr. Q~t. ' An driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Smndaxd 207A and 401 (curb sidewalk). The subdivider shah submit two (2) prints of a comFa.hemive grading plan to the Department of Public Works either prior to ax~aJafion of the final map or prior to grading permit. The plan shall comply with the Uniform nuildln[~ Code, Chapter 70, and as may be additionally provided for in these Conditions of Appro~. The plan shah be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Depamnent of Public Works at the time of application for grading pkn check. The subdivider shah submit two (2) copies of a soils report to the Depamnent of Public Works at the time of application for grading plan check. The report shall address the soils stability and geological conditions of the site. A drainage study shatl be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the-Department' of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of imildings and obstruction." Adequate provisions shah be made for acceptance and disposal of surface dninage entering the property from adjacent areas. The subdivider shall protect downstream propcxtles from damages caused by altention of the drainage patterns; i.e., concentration or diversion of flow. ProUnion shah be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. The developer shah reoord an Environmental Constntint Sheet dellne~fing the area within the 100-year floodplain. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent tO ]:)evelop. CoMuit simH be in.~nlle~l tO CATV'Standards at time Of street PRIOR TO ISSUANC~ OF GRADING P:BRlVD~: 67. Prior to i.~,m,ance of a grading permit, develolzr must comply with the requirements of the National. Pollutant ~ mlmlnstlon System (NPDBS) permit from the State Water Resources Control Boaxd. No grdding shaH be l~.~udtted until a NPDBS clearance 68. Prior to any work being pe. dfoxmed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from tile Department of Public Works. 69. A grading permit shall be obtained from the ~ut of Public Works prior to commencement of any Lrr~dinE outside of the City-mn;ntsuined road fight-of-way. 70. No grading shall take place prior to all related improvement plans being substanthlly complete, appropriate clearance letten have been obtained, and appxoval of the grading plan has been granted by the Departram of Public works. ?l. If grntllng is to take place between the months of October and April inclusive, erosion control and runoff mitigation plans will be required. All plans shall be submitted with appropriate notes as directed and appmved by the Department of Public Works. 72. Prior to any grading permits being issued a flood mitiEation charge shall be paid. The charge shah equal the prevailing Arm Drainage Plan fec mtc multiplied by the area of new development. The charge is payable to the Flood Control District and proof of payment must be submitted to the City prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already cmclited to thi.~ propeay, no new charge needs to be paid. 73. A permit from the County Flood Control Distria is mlaiired' for work within their right- of-way. ' PRIOR TO BUII-r~ING PERMIT: 74. A precise grading plan shall be submitted to the Department of Public Works for review and approval prior to the development of any parcel. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 75. Grading of the subjea property shah be in accordance with 'the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shah be in substantial conformance with the approved rough grading plan. s~^mumrr3~,s~r..x.c ~ 32 76. Developer shall pay any capilnl fee for road impmv~ and public facilities imposed upon the ptopcaty or project, inc-h,din~ that for traffic and public facility mitigation as r~.uired under the EiR/Ne~ative Declaration for the project. The fee'to be paid shall facility mitigation fee or disUict has not been finally eslnb~ by the date on which developer requests its building permits forthe project or any phase thereof, the developer shall ~ec~te the~forpaymmt ofPub]ie F~~, aoOpy ofwhi~h has been provided to developer. Coacm,m~y, with eoren, lng this Agreement, developer shall post security to secure' payment of th~ Public Facility fee.. The smount of the security sb~11 be $2.00 per square foot, not to ~ $10,000. Developer undemands that sai'd Agreement may require the payment of fees in excess of those now e,~msler) (assuming benefit to the project in ltz smou~ of such fees). By execution of this Agreement, developer wffi waive any right to .prouS the provisions of thi.~ Condition, of this Agreement, the formation of any traf~ impact fee district, or the process, levy, or collection of any .traffic mltipfion or .traf~ impact fee for this project; pwvided that developer is not waiving its right to protest the ressonableness of any U'affic impact fee, and the mount thereof. PRIOR TO ISSUANCE OF CIfiIlIPICAT~ OF OCCUPANCY: 77. 78. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway troes and street lights on all interior public streets. Existing city roads requiring construction shall remain Open to traffic at all times with adoquate detoun during construction. Traffic control plans shah be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. Transportation Engineoring PRIOR TO RECORDATION OF THE FINAL MAP: ¸79. 80. 81. A'signing and striping plan shall be designed by a. registered Civil Engineer and appmved by the Department of Public Works for Pauba Road and Rancho Vista Road and shall be included in the street improvement plans. Prior to designing any of the above plans, conta,~ Transportation Engineering for the design requirements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works.. $Wr~i4TrM. pC v~w 33 PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMIlS: 82. A conmuction area u-affic control plan shall be designed by a registered-Civil EnSiucer azid approved by the City ~,~gineer for any street closure and detour or other disruption to traffic circulation as required by ~ ~ent of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 83. All signinz and striping shall be in.st~ll,~! per ~ approv~ siffninll and striping plan.. 84. Landscaping shall be' limited in the corner cut-off area of all 'in~ons and adjacent to driveways to provide for miniretort sight distance. COUNTY' OF HEALTH SERVICES AGENCY 9851 Magnolia * ~ CA 92503 0uly 1~ 1~2 KENNETH ~ COHEN Db, c~r (714) 358-7808 CITY 0F'TEMECULA 43174 BuSiness Park' Drive Temecula, CA ~2590 ATTN: Saied Naaseh: RE:: TENTATIVE TRACTHAPNO. 27314: BEING A PORTION DOTHE RANCHD TENECULA, AS GRANTED BY U.S. 8OVERi~ TO LUIS VZGNES BY PATENT DATED 1-18-19~O, AS SHOieN BY LIBER 1, PAGE ::57, RECORDS OF SAN DIEGO COUNTY, AN PARC8.S 1,2,&3 OF PARCEL; I'YiP B3;/~7-100 RECOR/)8 OF RIVERSIDE COLINTY, LOCATED IN THE CITY DO TEMECULA, CALIFORNIA. (4 LOTS) Dear Gentlemen: The Department of Environmental Health has reviewed Tentative Tract Map No. 27314 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch-equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the.size of the mai. n at the junction :of the new system to the existi.ng system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the Californi'a Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 105 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the Hater system in Tract Map 27514 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map." 40SSCOUN"rY4:a~/DRA/E r/14) 3sB*SGM (734) 3M-~316 City of Temecula Page Two ~ttn: Baled Naaseh ~uly 1, 1992 Thi's certification does not constitute a'guarantee that it will supply water to such TraCt Map at any' specific. quantities, flows or pressures for fire protection or any other purpose".- This certification shall be signed by a responsible ~ficial of the water company. The Plans must be submitted to The County Surveyor's ~fice to review at least two weeks =rior to the request ~or the recordorion of the final mae. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory ftnancia] arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordorion of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the Districts the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted. in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, specifications and the size of the sewers at the junction of the new system to.the existing s-ystem. .A single plat indicating location of sewer lines and water lines shall be a portion of'the sewage .plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Map No. 27514 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map." City of Temecul a Page Three A.ttn: Sai ed Naaseh July 1, 1992 The plans must. be submitted to' the County Survevor's Office to review at. l.eas~c two weeks Drier tO the request for the. recordation of-the final map. It will be necessary for financial arrangements to be completely finallzed prior to recordation of the final map. It will b~ necessary for the annexation proceedings to be completely finalized prior to the recordation of the +inal map. .Sincerely, ~~2~.H.S. IV Department of Environmental Health SM:dr - ! RIV L IDE OUNTY 7.10 WF. ST SAN ~ AVENUE · PERRIS, C. AL]FO~ 923~ (714) 657-3183 MAY 4,. 1992 TO; CITY OF TEMECULA ATTEN~ PLANNING DEPARTMENT RE: TENTATIVE TRACT 27514 CHANGE OP ZONE No. 21 AMENDED No. ~ With resOect to the review and/or approval of the -above refer- enced project, the Fire Department has no comments or conditions regarding the tract map and will address all necessary Fire Protection measures when the plot plan or project developement plan is reviewed. All questions regarding the meaning of conditions shall be re- ferred to the Planning and Engineering Staff. RAYMOND H. REGIS Chief Fire Department Planner Michael E. Gray, Fire Captain Specialist C3 INDIOOPRCE. t-733 Count, ~ DENT.. Suie R ~--'-~ CA 92201 (619) MT,.~ · FAX (619) 77S.2072 PLANNING DIVISION I~RlVlgLqbEO!tqf~ 3760 17.eh Seeat. P. beil, CA 92.r~! (714) 275.471'7 · FAX (714) 369-7451 r'!"rlMBCtA.AC3itRCl 410112Coeateyr'-.---Dei~Seie22S, Temamh, C. Ag23gO (714) 694.5070 · FAX (714) 694,5076 Narch 12, 1992 :. *;~ ~ 3 199Z (Date) Cee1 ^ Wm,~ Man, C. Whis RIverside County Health Department c/o Albert A. tebb Assodates 3788 HcCray Street R~verslde, CA 9~506 'Gentlemen:. Re: Availability of Santtary Seer Service for Tentative Parcel Nap 27314 We hereby advtse ~ou relattva to the availability of santtary sewer servtce for the above referenced proposed development as follows: The property to be occup(ed by the subject proposed development: /__'IF IS PRESENTLY LOCATED w~thtn the bonnduTy 1tries of thts .Dtstr~ct's ~mprovemnt Dlstr~c~ No, U-8 and ts eltgtble to recetve sanitary Sewer $erYtcae NUST BE ANNEXED. to th~ s Dt sir4 ca' s improvement Dt str~ ct No, /-/follovlng wfilch 11 w111 be eligible to recetve santtary sewer servl c6, ~ /"'7 .WST BE INCLUDED tn a new Dtstrtct Improvement d4str4ct, asses.- ,. ment dtstr~Ct or other program to be fo~med and Implemented for. the purpose of providing santtary seer facilities and service for the general area wtthtn whtch this proposed development ts located, following which tt ~tll be e1191ble to r~cefve sanitary sewer servtce, provided: z) z) If you have any questions or con~ents to contact thts office. The .developer. completes all necessary. f~nanctel ~nd other by Seatember 1993 ; That no LXIITTZNG CONDZTIONS exist which ARE BEYOND th~s DZSTRZCT'S CIXiTRI)L or CANNui BE COST EFFECTIVELY and/or reasonably satisfied b~ the Dlstr~c~, wh~c~ conGttions may ~nclude but are not 14mtted to, acts of God, REGULATORY AGENCY IIEQUZ~ or decisions, or legal acttons Initiated ~ regarding the foregoing, do not Assistant Dtrector of Customer Servtce b('~il 'Ii~: P,sr Office !tt,x 1.1~00 , ~n.lncinm. C~liforni; '02~RI-R~,O0 · Te|eph~Jne t714~ 925-76?6 , Fnx ~71.11 929.025, h(ain Off~: .'0i5 5. ~nJm;inm Street. 5an.lncintt~ , Customer .~,'kv,Engineering Antler.. 140 F_ O~khnd Avenue. Hm~.t. Ca· Names and Address~ Znvolvement Owner of Property involved Parttes: Name Ltnfteld School Address 31950 Pauba Road Temecula. CA g~SgO Developer Developer's Engineer Albert 'A. i/ebb Assoc. 37RR'NrCray ~t~eet. RIverside. CA 9~0~ General Locatton of the tnvolved property: North stde of Pauba R,,d. We,t -f K,I,,, Brief legal description of the Involved property: Tentative ~t3~1 Nan ~7~14 Number of proposed lots/parcels 4 Parcels Estimated number of dwelllng untts (or equivElent) Other pertinent information Zoned Senlot C1tlzen. Convalesr. e,t Small scale map of the subject proposed development Area 96.1 acres) · Jnhn F, Hennil~ar Phil]q) L. Forbes Kenneth ('. ])ealy PPrr~' R. ~ut'k Ijnda M. Frc~ McComick. Kidman May ?, ZgV2 lit. Saied Naas~h City of Temccula' pinnrdng Department 43180 Business Park Drive Tcmecula, CA 92390 Water Avm'!ability Tentative Tract Map 27314 Change of Zone 21 Dear Mr. Naaseh: Please bc advised that the above-referenced property is located within the boundaries of Ranch· California Water District CRCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would bc contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RC%VD. ff you have any. questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRIC]' Steve Brannon, P. E Manager of Development Engineering SI:aJ167../F186 cc: Senga Doherty, Engineering Technician him Cmlif4wlda Water Dblriet :~u~] I)i~iZ R4~lt * I',~t ()lih~. lkmx mtlT * Tenwetii;i.('alifimminF/.*St49-i101T · ',7]4eGTG--II01 · F.A.'iC eTI4,GTI~.JIGI.% RTARIVERSIDE TRANSIT AGENCY 1825 THIRD STTIEET, RNEFISI~. CA 92507-3484, BUS. [714} 6840850 FAX [714j 684-1007 March 2, 1992 Saled Naaseh City, Of Temeajla. Plarming Department 43174 Business Park Drive Temecula, CA 92590 RE: TT 27314 Dear Saled: We do not currently provide +service to the site mentioned above but based on the size of the project and our own plans for future gmwlk we are requesting thst a bus tumout or a pad for a bus stop be incoq~orated into the general design. Ideal site for the bus turnout wou~l be on northside comer of Pauba Road adjacent to Parcel 3 just before main entrance to the senior citizen housing. If possible, we would also like to request that pedestrian walkways and wheelchair curb be provide near the turnout location specified above. I can indicate the exact location for the tumout as the project progresses. Thank you for the opportunity to review and comment on this project. Your efforts to keep us updated on the status of this request will be very much appreciated. Please let us know when this project will be cornpletad. Should you require additional information or specifr, ations, please don't hesitate to rantact me. Sincerely, Barbara A, Bray Transit Planner eB/jsc PDEV #151 TO: DATE: REFERENCE: AUGUST 12, 1992 TENTATIVE TRACT NO. 27314, AMENDMENT NO.2 The Temecula Community $er4ices Distfia ('W, SD) staff has ~iewed the conditions as set forth in the City of Tmeath Conditions of Approval and r~omm~ds APPROVAL of Tentative Tract lVlap No. 27314, Amendment No. 2, subject to the ~ or his assignee conformi~ to the TCSD Quimby Ordinance No: 460.93 as nttnched. questions regarding the m~ning of the n~ched conditions shall be rcfcttcd to the TCSD. Gary King Bery Vssinosky Debbie Ubnosle TE _CULA COMMUNITY SERVIC mSTR CT Prior to the recordafion of the final map, the applicant or his assignee, shall offer for dedication 23 acres of parkland and execute a Letter of Agreement with the TCSD, [o construct a Senior Center Facility and required parking in accordance with City Standards and the Development Agreement. All proposed slopes, open space, and parkland intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance areas. Exterior slopes (a~ defined as: those slop~ contiguous to public streets that have a width of 66' or greater), shall be offered for dedication to the TCSD for maintenance purposes following Compliance to existing City Standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). ATTA~ NO. 4 Et.X~HI!t~N~ · CITY OF TEMECULA V'IC INIITY CASE NO.: Development Agreement No. 92-1, Change of Zone No~ 21, Tentative Parcel Map No. 27314, Amendment No. 2 ' EXHIBIT: A VI~TY MAP P.C. DATE: August 3, 1992 S~TAFPRPT~7314TTM. pC C SWAP - Exhibit B CITY OF TEMF_J2L/LA |. SITE. -.' ZONING - Exhibit C Designation: R-R Case No.: Devdopment ~ No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 P.C. Date: August 3, 1992 SXSTAF!ItwI'X2~i4TTM.g t / CITY OF TEMECULA ~ ..... raTA CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 ~,xmerr: D CONCE~AL SITE PLAN P.C. DATE: August 3, 1992 .CITY OF TEMECULA GEHEFIAL' NO TES 111 ilrll.lll!l: CASE NO,: Development Agreenet No. 92-1, Change of Zone No. 21, Tentative Parca Map No. 27314, Amendment No. 2 Exmnrr: E TENTATIVE PARCEL MAP NO. 27314, AMF-ND. NO. 2 P.C. DATE: August 3, 1992 CITY OF TEMECULA GENERAL NOTES Irailk a~ll. llallT CASE NO.: Development Agreement No. 92-1, Ch-n2e of ZoneNo. 21, Tentative Parcel Map No. 27314, Amendment No. 2 Exnmrr: F CHANGE OF ZONE NO. 21 ' P.C. DATE: August 3, 19~)2 S~'r~I4TrM.pC crrY oF TEMECULA Linfieid Village Te~mec~ala, .California : CASE NO.: Development AFemnent No. 92-1, Change of Zone.No. 21, Teatafire Parcel Map No. :27314, .Amendment No. :2 Exi4mrr: c,1 CONCEPTUAL ELEVATIONS 'P.C. DATE:.. August 3, 1992 CITY OF TEMECULA Congragate Care Facilities Linfield Village CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 EXHIBIT: 02 CONCEPTUAL ELEVATIONS P.C. DATE: August 3, 1992 S~1'~I4TTILpC ~ CITY OF TEMECULA Independant Living Units Linfield Village CASE NO.: Development Agreement No. 92-1, Change of Zone No. 21, Tentative Parcel Map No. 27314, Amendment No. 2 Ex"m~rr: G3 CONCE~AL ELEVATIONS P.C. DATE: August 3, 1992 s~frA~141-rlL]lc vtw ATTACHMENT NO. S INITIAL ENVIRO~AL STUDY s~r~:~z-m~ ,r- 36 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL !~'IRO~AL ffTUDY H BACKGROUND Name of Proponent: Address and Phone Number of Pmpozn~ Ijnfeld r'bristlsm S~'l~ool 31950 Psalm'Road Ts, neeula, CA 99~92 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: lUn~ ?0. 1992 CITY OF T~-M~-CUI-A Name of Proposal, if applicable: 6. Location of Proposal: N/A S-rrpmdod by Pauba Road to the south and Rnncho Vista Road m the north snrl. 700 riser east of Mnr~m'ita Road ENVIRONMENTAL IMPACTS (Explanations of all answers are provided on a~tach~ sheets.)- Yes M~b~ No 1. Earth. Will the proposal result in: Unstable earth conditiom 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- fleazion of any unique geologic or physical features? X s~/n~,run~4T~.pc v, 37 Any substsmisl increase in wind or waft ero/mn of mils, either on or off site? Exposure of people or v~ opt, ty to SeoloZic. k--~ds such as esrth quaices, landslides, mudslides, round failure, or similar hanrds? Air. Wfil the proposal result n Substantial air emiuiom or deterioration of ambient sir The creation of objectionable · odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or" the course or direction of movements, in either marine or fresh waras? Substantial changes in absorption rates, drainage parterre, or the rate find mount of sin'face ranoff?. Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body7. X Maybe X X No X swr~s,~.~c ,z- 38 Discharge into sm'fm:e w~_,~s_, or in any altersion of surfac~ wsr~r quality, inr, hding, but not limited to, R,,,pf, rsmre, dissolved oxygen or turbiday? Altersion of the direction or rate of flow of Sround Chan~ in the qusntity of ground w,, ~_~, e~h~r throuSh direr sddi- t/ons or withdrawals. or through int~rceptio. n of an squif~r by cuts or excnvstions? Substantial reduction in the smouat of water otherwise available for public water supplies? Exposure of people or property to water related hszsrds such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the divenity of species, ornmnberofsxxynstive~of plants froeluding trees, shn~, grass, crops, and squSic plants)? Reduction of the numbers of any unique, rare, Or endangered'species of plants? Introduction of new species of plants into an area of nstiVe vegetation, or in a barrier m the normal repleni-~hm~t of existing species? Substantial reduction in acreage of any agricultural crop? Yes X Mr,be X X X X m'rAFR-n~m-m.~ ,s- 39 10. s orm, mb~rsofanyspeeiesofanimais (birds, land animals ~'htc!~l, rep- tiles, fish and .!,ellfi,~,. i · org~mi~n~ or inset)? · of animals? Deterioration to existinS fah or wildlife habitat? Noise. WHI the proposal nsult im Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. WHI the proposal result in a substantial alteration of the p~. or planned land use of an area? Natural Resources. WHI the proposal result in: .'. ~ Substantial increase in the rate of use of any nazural resources? Substantial depletion of any non- renewable pnmral resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances Cmaluding, but not limi~ to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditiom? X X X X X X X ll. 12. 13. 14. Possible interference with an emer2- ency response pin or an e.u~rSu~y evacuation pin? Population. W'~l the proposal altar the location, distribution, densiV], or growth ra~ of the human population of Housing. Will the proposal affect e0dstinS housinS or crese a demand for additional housin~ TranspoFtation/Cir~_dp~on. Will the proposal result in: Genermion of substaufial sdd~ vehicular movenznt? Effects on existing parkin~ facili- · ties, or demand for new parking? Substantial irn,naa upon existing transportation systems? Alterations to present paneras of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to moWr. vehicles~ bicyclists or 'pedestrians? Public ~rvices. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of time followinS areas: a. Fire prounion? b. Police protection? c. Schools? d. Parks or other recreational facilities? X X Maybe X X X X X sw~am.-r~cm.~ ,w 41 15. 16. 17. 18. M. inte~.n.-~ of public facilities, including roads? a. Use of substantial amotmts of fu~ or e~e~ be S-bstnnH. i increase in demand upon existing sources of energy, or require the development of new Ulilifies. Will the proposal result in a need for new syslnm, or 8nbgs'sntinl alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Wamr? d. Sewer or septic tanks? e. Storm water drainage? f- Solid waste and disposal? Human Health. WHi the proposal result in: Creation of any health hazard or potential health hszsrd (excluding mental health)? bs Exposure of people to potential health hazards? ApseN".-s,. WHI 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 sits open to public view?. X X X X X X X 19. 21.. Recrettion, W'dl the proposal resuk in an imp~ upon the quality oF qLUnt~ of existing rmmional oppo, mailles? Will the proposal result in the alteration of or the destmaioa of a prehistoric or historic archaeological sire? ' W~l the proposal result in Mverse physical or sesthSic d~s:Is to a prehistoric or historic building, structure, or object?. de Does the proposal have the polzntial to ~,,~e a physical change which would affea unique ethnic cultural values? Will the proposal restrict etxisting religious or sacred uses within the potential impact area? Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitm 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-turin impact on the environment is on~ which occurs in a relatively brief, definitive period of time while long- term impacts will mime well into the future.) X Maybe ...X X X X X X s~Amu, r~4~rstx, c ,~ 43 Does the projest have impms which are individually liralind, but cumu- latively considerable? (A project's impact on two or more sepame but where ltze effm of the mmi of is X X HI DIS~ON OF THE .ENVIRO~AL EVALUATION 1.a. 1.b. 1 .c.d. I.e. 1.f. 1.g. 2.b. No. The proposed project is not anticipated to cause changes in geologic substruc~res nncl creat~ unstable earth conditions. 'Since this appwval does not provide entitlemenu for su'ucu~s, no .mitigmlon msasures are na-esssry at this point. However, the Public Works Department is responsible for h~k,.~e-ds~;on of n-cespry mitigation measures prior to issuance of grading permits to insure stable earth conditions for the project.' Yes. The approval of Itsis projet will not came disruptions, displacements, compaction or overcovering of the soft. The ultlms~- development of this site will eventually cause these conditiom. ltowever, these conditions will not cause a substantial impact on the environment as no substantial changes in topography are necesssry. No. The project si~ does not contain unique geologic or physical features as determined by a silz inspection. llzrefore, no submnl~ changes in topography or ground surface relief features will result. There is no substantial ellvifonmL.~ impact. Maybe. The ultimate buildout of the projea may result in wind and water erosion of soils as a result of g~ading. However, standard mitigstlon measures during the grading stage including watering the disturbed areas to prevent dust and proper erosion control during and after the grading will reduce the imr,.a,'-~ to a level of insignificance. No. The site drainage for this projea will be channeled through existing improvements and the runoff from this projea is not anticipated to cause any offsite erosion. No significant impacts are anticipated. No. The project site is not located in an earthquake, landslide, mudslide, ground failure hazard zones as determined in the Southwest Area Plan (SWAP). No significant impacts are anticipated. No. Tlie construction equipment associated with the construction of the project and the' traffic generated by the ultimate residents. srk.:l_ user's of the project are the major conu'ibutors to air em!~siom. However, these impacts are not considered significant since the construction is for. a limited time only and the traffic generated from a senior housing project is not significant. No. Objectionable odors are usually associated with commercial at~ indtlslrinl uses. 'Since this-projea is exclusively residential in nature there are no significant impacts. S~,STAFFIUPT~?)I4'ZTM.pC vBw 2.c. Water 3.b. 3.c. 3.d. 3.f. 3.h. 3.i. No. Due to the size of the project site and its loebion within the South Coast Air Basin, the alteration of air movements, moisture or tempenture, or any change in climate would not occur in conjunction with the ultimate development of the proposed project. No significant impacts are anticipated. No. The ultimate devdopmetn of the proposed project wHl not result in increased storm water flows in any marine or fresh w,em's. No significant irapans are anticipated. Maybe. The ultimate buildout of the project will result in construction of dwelling units in the flood plain. The pads for these dwellings will be elevated above the flood plain. No significant impacts are anticipated to the course or flow of flood wnt_,~s_. No. The construction of impervious surfaces on the project site will not substantially alter the exis-,~g drainage p__ _ _,~ns_ nor proposal drainage parterre because of the size and locationof the project. No significant impacts are anficipatecL No. Stormwater-rimoff and possibly irrigation runoff from the proposed project would ultimately flow into the Santa Margarim River. Runoff pollutants will be typical of those of urbanized areas, including motor oH, pestleides, herbicicles and fertilizers. This impact will be mitigated by the clearance issued by the State Water Resources Control Bom'd. This clearance will insure compliance with the National Pollutant Discharge Elimination System (NPDES). No significant impacts m'e anticipated. No. The runoff from the'project is conveyed W'Murrieta and Temecula Creeks which flow inw the Santa Margarita River. 'Both Murrieta and T_s~eavla Creeks and the Santa Margarita River recharge the ground water in the Murrieta-Temeaxla basin. The runoff from this project is not anticipated to change the direction or rate of flow of ground waters. No significant impacts are anticipated. No. The project site is within Rancho Water District and will not draw from the ground water for their everyday use. 'Fnerefore, no significant impacts are anticipated. No. Rancho Water District has indicated the availability of Water to serve this project. Therefore, there is no potential for substantial reduction in the availability of water. No. significant impacts are anticip~. Maybe. A portion of the project 'site is within the flood plain. However, the project will be conditioned to construa the dwelling units above the flood plain limit per the FEMA standards which will mitigate any impacts to people and property from wn_t__~_ related hazards such as flooding. No significant impacts are anticipated. SWrAFFm'n273S4~'Z4.~ ~ 46 Plant Life 4.a.c. 4.b.c. Animal Life 5.a. 5.b. 5.c. NoiSe 6.a. 6.b. Yes. The Biological P-.e4essm~ prepared for the project site ~ existence of Non-U.S. wn,_~_ wetland on the site. The project is cond~ for preserving this wetland by requiring · flay (50) foot e-qem,~ on each side of the wetlands-thereby preserving the wetlands which wffi be inco, poaated into the design of the golf course. The project in general will introduce new species of pin and will eliminate the native plants present at this time. However, none of the endsting species are considered semiliVe. No sig~ti~c~mt itnlNgts are ,,u;cipav<d. No. The proposed project will not reduce the nmnbers' of'any unique, rare, or endangered species of plants as determined by the Biological Assessmcmt.. The projea site is not presently being used for agricultural purposes; therefore, no significant impacts Maybe. The ultimate developman of the size may e, mimtte some of the native animals on the site however, some may survive in an urban enviromuraa. The only additions to the animsl life are expected to be housebold pets. The impact of this development is not considered significant for this category. No. The biological study recommendled a focused K-Rat survey which identified no Steven's Kangaroo Rats on the size. No other sensitive or endangered species were identified on the site by the biological study. Therefore, no significant impacts are anticipated. No. Since there is no significant habitat for any sensitive species other than the wetland there is no significant impact. The wetlands will be protected .by two fifty (50) foot easements ~nd will be incorporated into the design of the golf course. No. The ultimate development of the site will not significantly increase the existing noise levels. The short term impacts are associated with the construction of the project and the . long term impacts will mostly result from the traffic 'generated by. this project. Due to the size and location of this project these impacts are not comidered significant. Maybe. The proposed project abuts an existing high school stadium. The noise generated from this stadium is expected to impact at least a portion of the senior homing project. Since the exact ltgation and type of the dwelling units is not known at this time, a detailed noise study will be required to mitigate the impacts of the stadium noise on this project. The mitigation measures may include building orientation, design features, landscaping, etc. No significant impacts are anticip~_~_. .,---- SIITAlqrRPT~T3141TM. IsC vlw 47 l-~ht nd GI-re No, The project will not result in a significant increase in the light and glare of the area. Furthermore, the project will be condifioned to comply with Mt. Palomar lighting the ~ on the neighboring prof, r,, ties to a level of imigni~cance. The light and glare produced from the high school stadium will impact this pwject which has been conditionfed to deal with this imp, act.. The conditions will be. enforced at the pl0t I-ond Use Yes. This project includes a zoa~ change from R-R to R-3. The R-R zoning designation permits low density single htnily development with minimnm .5 acre lots sn~_ a vlt'iety of commercial uses. The R-3 zoning desilmn"on will azate high density senior housing and the supporting uses which will be dictated by the 'Development A~t. This change will not result in a significant impact because of the low impact liBBite Of se~lior housing. Natural Resources 9.a.b. No. Imple...e. dsl ion of the proposed project would increase the rate of consumption of both renewable and nonrenewable nataral resom'ces during construction and project operation. Natural resources consumed during construction would be aggregate materials, timber, and energy resources for on-site consu'uction equipmeat and for transport vehicles which would bring supplies to the site. At build out, energy resources required during project operation would include gasoline, nattu~ gas for heating and cooling, elearicity for lighting, and sppliswes. As all of these resources are readily available commercially, the proposed project would not have a significant 'impact on natural .resources. ' Risk of UVset ,10.a. lO.b. No, The proposed project is residential in nature and it is not expected to house any material with the potential for an explosion or the release of hazardous substance. The gasoline in the tanks of the residents' and the visitors' cars and the pesticides used for maintenance of the lsmdse.~ping are not expected to create significant impacts. No. The proposed project will be reviewed b~ the Fire Department at the Plot Plan stage; therefore, all response time and emergency vehicle turnsrounds will be exnmined at that stage. No significant imp, acts are antin'pared. S~qT~I47TM. PC vglv 48 PopUlation ll.a. No. The ultim=t~ build out of the projea will ina'ease the senior citizen population in the project vicinity. This increase could be in the form of out of town residents moving into the city, relocation of T, en,~,is residents in the area or a-combination of the two. This impact is not expected to be significant Housint, 12. Yes, This project will have a positive intoact on the housing in '.the region since it will provide additional housing for senior c~ns. No negative. significant impact'is anticipated. Tramporation/Circulation 13.a.c. 13.'b. 13.d. 13.e. Maybe. The project will g~ae. rate app, o= ;,,,nte~y 1,610 daily vehicle trips, 130 of which are expected to occur during the evening peak hour. According to the traffic study, the major imeraectiom impacted by this project will operate. at Level of Service C or better. No significant impacts are anticipated since mitig~ion measures have been incorporated into the project. These mitigation measures include i,mproving Pauba Road and Rancho Vista Road bordering the pwject to their ultimate half-section widths as secondary highways (88 feet right-of-way) in conjunction with development. A painted median with left turn pockets will- be provided for traffic on Rancho Vista Road and on Panba Road desiring W turn left into the project entrances. The project will be required to participate in the future construction of off-site capital improvenznts through established procedures. No. The project will not create additional demand on existing parking facilities since the proper number of parking spaces will be provided for the site as required by Ordinance No. 348. Therefore, no significant impacts are anticipated. No. The development of this project will not cause any altefi~ions to present patterns of circulation or movement of people and/or goods since the major roads are already established in the vicinity of the project. Therefore, no significant impacts are anticipated. No. This project will not cause .alterations to 'w~goorne, rail or air traffic due to the nature of the project, its geographic location, and local transportation systnn. Therefore, no significant impacts are anticipated. 13.f. Maybe, Projea-reln_t~ traffic could create new traffic hazards to motor vehicles, bicyclists, and pedestrians, both on and off the project site. Points of conflict would be created as a result of additional points of ingress and egress along Pauba Road and Rancho Vista Road. -Internal. circulation p_~___~'ns could also result in potential hazards S~STA~i4'Fr)d. PC 49 The following measures. need to be incozporated into the project design to reduce the impacts of the project to an insignificant level: The Wsw for lhe pmpossl senior housing should be setback from the Right-of- Way m allow for proper stpe~n_e of cats behind the gate. Vehicular and pedestrian entries to the project should be clearly identifiable to visitors through the use of signage, bedstaping and lnn~sc~ing. · Ch'~dst'ion withiD the site shotlid be ,,J~i_me:! W mlnim;~ conflicts ,between · autOmobiles aal Fedgtdamo · A pedestrim~ friendly design needs to be incorporated into the project design providing adequate pedesuian circulation- Accent paving, crosswalks, lsnd_e~q~! walkways and adequate lighting should be used to identify and. Public Services 'Considm-ation should be given m providing safe pedestrian access through parking areas snd from the publie street walkways to budding entrances. 14.a. 14.b. 14.c. No. Mitigation fee of $400.00 dollm for each unit will be collected to mitigate the impacts of this development on Fire Senrico. The Fire Department will review the Plot Plan for this project to insure adequals service. No significant impswts are anticipated. No. The City of Tenm:ula is conlraahg through the Riverside County Sheriff's Deparnnent for law euforc/anen services. This conu'a~ provides for thirty-one sworn officers and seven non-sworn officers. Additional services are, pwvided w the City through various divisions within the Sheriff' s Deparunent. The average response time for priority one calls is 6.5 minutes and n_ccording to the Sheriff's Department this response time is well within industry standards for adequate service levels. The City intnnds to maintain a ratio of 1 officer per 1,000 residents. No significant impaCtS are anticipated. No.' The proposed project is 'an exclusively senior housing project. No school aged children are anticipated to be generated from this project. No significant impacts are anticipated. 14.d. 14.e. No. The proposed projea will include a private golf course and other active amenities. A senior center might also be a part of this projea which will create new activities for the residents. No siL~ificsnt impscts sre amicipated. No. The project will cause increased traffic on city streets; however, this is not considered a significant impact (refer to No. 13). swrA~a,n~x4~-m.~c ,p 50 -~ 14.f. Maybe. 'The funire project residents will be using governmental services such as libraries; however, a $100.00 per dwelling unit mitigation fee imposed on this projea will mitigate the impsct. No significant impacts are anticipated. 15 .a.b. No. The impk-.,(-~u,,:on ofthe proposed project would increase the raze of consu=ption of fuel and othe~ .energy resources. During consunction, construction equipment would be consuming mergy resources. At buildout, energy rewurczs would be required during project operation, such as gasoline, nannl gas and eiknlcity. However, the proposed project .would not result in the Use of S,bStnnti,d amounts of fuel or energy Which are. commercially abundant. No significsm impacts are anticipated. Utilities 16.a.b.c. d.e.f. No. All the utilities mad services are within close proYimi~ to the project site and will be extended to the project site with agreements between the developer and the individual agencies. No significant impacts are anticipated. Human Health 17.a.b. Aesthetics No. The nature of the proposed uses pam~__~ on the project site is not such that they would create potential health hazards. No significant impacts are anticipated. 18. Recreation Maybe. The project will go through further review in terms of architecture and landscaping when a Hot Plan application is fled. All aesthetics issues will be dealt with at that stage. At that time close anention shall be given to the impacts, if any, to the existing single family dwellings to the north of the project site and the existing schools on the west and east of the site. No significant impacts are anticipated. 19. Yes. The proposed project will include a private golf course and other active amenities. A senior center may also be a part of this project which will create new activities for the residents. These impacts are considered positive and will not cause significant negative impacts. Cultural Resources 20.a.b.c.d. No. The pwposed projea will not have a significant impact on prehistoric or historic cultural resources according to the University of California Eastern Information Center. This conclusion was-made upon completion of a Phase I study. A condition will be imposed on the project to have a qualified archaeologist present at the time of grading as required by the Eastern Information Center. EN~ONMENTAL D!rr~.MINATION On the basiS of this ~ evaluation: I fiud tluu the proposed project COULD NOT have · significam effect on the environasnt, and a ~TIVE D~TION will be prepared. -;. ';- ticant effect on the eaivlronnz,~, there will not be · signi- ticant effect on this case because ~he m~p"on nwA~au 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 silm~c~'effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. June 25. 1992 Date e For CITY OF TI~-C~-A S~T~I4TTM-IsC. qw 52 ATTA~ NO. 6 DEV~O~ AGRE~4~Fr S~T~RPT~7314TrM,pC RECORDED AT THE t~EQUEST OF City Clerk City of Temecula WHEN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Perk Drive Temecula, CA 92590 RECEIVED JUL 3 0 '1992 ~1 ............ DEVXLOPMEleZA21~EMENT BETWEEN CITY OF TEMECULA and ~', ','.zm,'z=,D scaoo~ '4.5 MINEI~TION ltND DEV2LO~ 3(31t~NT BETWeeN CITY OF T~ECUL~ and TI~ LINFI~D SCHOOL This Development ( -Agreemente) is entered into to be effective on the date it is recorded with the Riverside County Recorder (the "Effective Date'). by 'and-among th~ City Of Temecula, a California municipal corporation ("City") and the persons and entities listed below (cOwhere): THE LINFIELD SCHOOL aZCI2ALS A. The legislature of the State of California has adopted California Government Code Section 65864-65869]5' ("Development Agreement Legislation-) which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city,s municipal boundaries for the development of such property. B. Pursuaht and 'subject'to the Development Agreement Legislation, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or"equitable interest in real property located within the City's municipal boundaries under which such property may be developed in the City. C. In lieu of obtaining approval of a Specific Plan for the development of the Property, Owner has requested City to consider entering into a development agreement relating to the Property. D. By electing to enter into this Agreement, City shall bind future members of the City. Council of City by the obligations specified her.in and further limit the future ]4~4 5 &m~ - 1 - · 4.s ~FzT/g~ exercise of certain governmental and proprietary powers of and members of the City Council. .. E. The terms and conditions of this Agreement have undergone extensive review by the staff of the City and the City Council of City and have been found to be fair, just and reasonable. F. City finds and determines .that it will be in the best. interests of its citizens and the.public health, safety and. welfare[will be served by entering into.this Agreementl G. All of the procedures of the California Environmental Quality Act have been met with respect to this Agreement. H. City was incorporated on December 1, 1989. Pursuant to California Government Code Sections '65360 and 65361, the City has forty-two (42) months following incorporation to prepare and adopt a general plan. During this 42-month period, the City may approve development projects without being subject to the requirement that its decisions be consistent with the general plan so long as the findings set forth in Section 65360 and the conditions of approval of the California Office Of Planning and Research are met. I. Pursuant to City Ordinance No. 90--4, the City has adopted the County of Riverside's land use, subdivision and mitigation fee ordinances as amended by City Ordinance Nos. 90-05 through 92-15. Pursuant. to City Resol-ution No. 90-31, the-City has adopted the Riverside County Southwest Area Community Plan ("SWAP"), as a planning guideline during the preparation of the City's General Plan. J. The City Council of City hereby finds and determines that: : (1) The City is proceeding in a timely fashion with the preparation of its general plan. (2) There is a reasonable probability that the Project will be consistent with the general plan proposal presently being considered. (3) There is little or no probability of substantial detriment to or interference with ~he future adopted general plan if the Project isultimately inconsistent with the plan. (4) The Project complies with all other applicable requirements of state law and local ordinances. K. Owner is the fee owner of a ninety-six and nine-' tenths (96.9) acre parcel of undeveloped land located South of Rancho Vista Road, east of Temecula Valley High School and north of Pauba Road, hereinafter referred to as the "Property- as described in Exhibit "A" attached hereto and made a Partherein by this reference. This Agreement applies to the development of a forty-eight and three-tenths (48.3) acre portion of the Property, comprised of Lots 1-4 of Tentative Parcel Map No. L. City and Owner desire that the Property be developed as a Senior Citizen Housing Development as further described herein. M. The City Council of City hereby finds and determines that: (1) The environmental impacts of this Agreement have been reviewed and all measures deemed feasible to mitigate. adverse impacts.thereof have been incorporated into .. the City approvals for the Project. (2) No other mitigation measures for environmental impacts created by the Project, as presently approved shall be required for development of the Project unless mandated by law. .(3) City may, pursuant to and in accordance with its rules, regulations, and ordinances, conduct an environmental review of subsequent discretionary entitlements for the development of the Property or any changes, amendments, or modifications to the Property. The City, as a result of such review, may impose additional measures (or conditions) to mitigate as Permitted by law the adverse environmental impacts of such development entitlement which were not consideredor mitigated at the time of approval of the Project. N. Within forty-eight (48) hours of the effective date of this Agreement,-Owner shall deliver to the Planning department a check payable to the County'.Cierk in'the amount of One Thousand Two Hundred Seventy-Five Dollars (1,275.00).,which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hoUr period the Owner has not delivered to the Planning Department the check required above, this Agreement shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). O. City Council of City has approved this Agreement by Ordinance No. adopted on , 1992, and effective on , 1992. NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration,-'the receipt and sufficiencyo. of which is hereby acknowledged, the parties.agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "Congregate Care Facility- is a congregate' care residential facility developed pursuant to Riverside County Ordinance No. 460, and Sections 8.1, 8.2, 19.101, 19.102 and 19.103 of Riverside County Ordinance No. 348. (b) "City. is the City of Temecula. -4- (c) sDevelopment Approvalss means all those discretionary land use entitleme.re necessary to develop the Proper~y, including, but not limited to, zoning changes, tentative subdivision maps, plot plans, and conditional use permits. (d) eDevelopment Exactionw means any requirement of city'in connection'with or pursuant to any Land Use Regulation. Or Development Approval for the dedication of'hnd, 'the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 14t74~ 0/27/92) (e) "Development Plan" means.the development of the Property as depicted in Exhibit C. (f) "Existing Development Approvals- means those certain Development Approvals in effect as of the effective date of this Agreement with respect to the Property, including, without limitation, the "Existing Development Approvals" listed in Exhibit B which were approved by the City of Temecula. (g) "Land Use Regulations- means all ordinances~ resolutions, codes, rules, regulations and official policies of City, governing the development and use of land including without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the'Provisions'for-reservation or'dedication of land for public purposes, and the design' improvement and construction standards and specifications applicable to the development of the Property which are a matter of public record on the Effective Date of this Agreement. "Land Use Regulations- does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (1) and occupations~ The conduct of businesses, professions, Taxes and assessments; The control and abatement of nuisances; (4) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (5) The exercise of the power of eminent domain. (h) "Senior Citizen Housing Development- means a multi-family development intended for persons 55 years of age or Older, as further defined at .California Civil Code Section 51.3. (i)' "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. (j) "Project" is the development of the Property with the following specific uses: (i) multifamily senior housing complex; (ii) congregate care facility; (iii) skilled nursing facility; (iv) personal care facility, and (v) Seniors' Community Center; and (vi) a nine (9) hole private golf course. (k) "Owner". means the person having a legal interest in the Property; (1) "Subsequent Land Use Regulation,, means any Land Use Re.gulation adopted and effective after the Effective Date of this Agreement. (m) "Property" is the real property referred to in Exhibit "A". 2. Interest of Owner. Owner represents that he has a legal interest in the Property and.that all other persons. ho. lding legal or equitable interests in the Property are to be.bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: ~ -6-- ~ Exhibit Desianat.~on B C D E F DesUriDt.~on Legal Description of the Property Referred to ~n Paraaraph K Existing DevelOpment Approvals Development Schedule Public Facility Fee Agreement l(f), 15.2 9, 10 ? 14.2 Fee Credit 14.3 Deed Restriction 10 Development Plan 9 4. ~. (a) The term of this Agreement shall commence on the Effective Date and 'shall extend for a period of fifteen (15) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set' forth in this Agreement or by mutual consent of the parties hereto. (b) Should the Owner: (i) fail to obtain all Subsequent Development Approvals to develop and complete the Project, or (it) breach the Development Schedule, Owner agrees to City amending the land use designation to Low Medium Density Residential or Institutional, and amending the zoning to Single Family Residential (R-l).. ,. (c) Notwithstanding any other provisions of this Agreement, upon the sale or lease of any lot, dwelling or unit to a member of the public or other ultimate user, this Agreement shall terminate with respect to any such lot, dwelling, unit or space, and such lot, dwelling, unit or space shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:' I,SS74.S 0'/27/92) (1') The lot has been finally subdivided and individually (and'not in "bulk") sold or leased to a member of the public or other ultimate user; and, (2) A Certificate of Occupancy has been issued for a building or the lot, and the fees set forth under Section 14. of this Agreement have been paid. Notwithstanding the sale of any individual lot, dwelling~ unit or space as set .forth herein, the Owner'shall remain liable to perform any.and all outstanding obligations, still unperformed or uncompleted at the time of sale, with respect to said lot, dwelling, unit or space required by this Agreement or as a condition of any development approval. The Owner shall condition the sale and deed sufficiently to ensure · the completion of said obligations. 5. Assignment. 5.1 R~aht to Assinn. The Owner shall have the right to sell, transfer, or assign the Property in wholeor in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, e~ sea~, or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment .and assumption of the rights,. -duties, and obligations 'arising underor from this Agreement and be made in strict compliance with the following conditions precedent: *4,S (TrzT~a) (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such -8- sale, transfer, or assignment and shall provide City with an executed agreement, in a form acceptable to the City Attorney, by the purchaser, translates, orassignee and providing therein that the Purchaser, transferee,.or assignee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any Sale, transfer, or assignment not made in strict compliance with the foregoing.conditionS shall constitute a default by the Owner under this Agreement; Notwithstanding the failure of any Purchaser, translates, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall.be binding upon such Purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such Purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of T~ans~e~.4na Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) The Owner no longer has a legal or equitable interest in all or any part of the Property except as.a beneficiary under'a deed of trust. (b) The Owner is not'then in default under- this Agreement. (c) The Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The Purchaser, transferee, or assignee provides City with security equivalent to any security Previously provided by Owner to secure Performance of its obligations hereunder. ~- 5.3 Subseauent Assignment. Any subsequent sale, transfer, or assicJnment after an initial sale, transfer, or assignment shall be made only in accordance wi~h and subject to ~he terms and conditions of this Section. 6. Hoz~caagee Protec~c~on. The par~ies hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from en. cumbering the Property or any portion thereof or any'improvement thereOn'by. any -: mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from'time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City. will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes ofthis Agreement. Owner shall reimburse City for any and all of City's costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of theProper%y shall be entitled to the following rights and privileges: (a) Neither. entering into this Agreement nor a breach of this Agreement shall defeat, render invalid,' diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of an~ default by the Owner in the performance of the Owner's obligations under this Agreement. ~.somm> -10- 14174.J 0'/27/92) (c) If'City timely receives a request from a Mortgagee requesting a Copy of any notice of default given to the Owner under the terms of this Agreement, City shall provide a copy of'that notice to the Mortgagee within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. ~ '(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such Performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of.a covenant by City, the Performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 6.3 of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof,-pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. B~nd.~n~ ~ffect o2 A~reement. The burdens of this Agreement bind-and the benefits of the Agreement inure to the successors-in-interest to the parties to it. S. Relationship of Parties. It is understood that the contractual relationship between City and Owner is such that the Owner is an independent contractor and not the agent of City. 9-..~Pro~ect Zonina. Pursuant to the Existing Development Approvals, the Project description contained at Section 16.1 of this Agreement, and the Development Plan, the Property has been rezoned from Rural-Residential (R-R) to General Residential (R-3) to permit Project development. The land use designation under SWAP is presently one (1) acre minimum; under the new General Plan to be adopted, the Property will likely be. designated high density residential. 'The rez0ning and proposed land use designation is conditional upon the completion of the Project pursuant to the Development Schedule. Any substantial breach of the Existing Development Approvals, Development Schedule or Development Plan shall constitute a material breach of the Agreement. 10. Development Schedule. (a) Owner shall develop the Property pursuant to the Development Schedule contained in Exhibit C. (b) Concurrently with recording Parcel Map No. 2?314,'Owner shall record a deed restriction in substantially the form of Exhibit F, as to Parcels 1-4 of said Tract, restricting occupancy in the Project to persons fifty-five (55) years of age and older. (c) The parties acknowledge that Owner cannot at this time predict when, or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which.are not within the control of .Owner, such as market orientation and .demand, interest rates,. absorption, completion ~and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camaril!o, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, agreement, it iS the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective.business judgment, subject only to timing or phasing requirements set forth in the Development any Schedule. 11. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for Personal injury including death and claims for property damage which may arise from the direct or'indirect operations"of the Owner or those of his contractor, subcontractor, agent, employee or other parson acting on his behalf which relate to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by .reason of Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to'in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to herein are applicable. 14874,5 0/27/92) Owner further agrees to indemnify, hold harmless, pay all costs and. provide a defense. for' City in any action challenging the validity of this Agreement or the Project. 12. T.~t~aat.~on..-. .. 12.1 Th{rd Party T.~t~aation Concern{ng Aoreement; Owner shall defend, at its expense, including attorneys fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action, or.proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted Pursuant to this Agreement. City shall promptly notify Owner of any such claim, action, or proceeding' and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails -13 - to cooperate in ~he defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may' in-.!ts discretion participate in the defense of any such 'claim, action, or proceeding. 12.2 ~nv~onmental-Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any'liability, based or asserted, upon any act or omission of. Owner, its officers'' agents, employees,."' · . subcontractors, Predecessors-in-interest~ successors, assigns and independent contractors for any violation of any federal, state, or local law,'ordinance or regulation relating to industrial hygiene, solid or hazardous waste or to environmental conditions on, under or about the Property. Said violations shall include, but not limited to, soil and 9roundwater conditions, and Owner shall defend, at its expense, including attorneys fees, City., its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may, in its' discretion, participate in the defense.of any such action. 13. Third Party x.itigation Concern.lna the General Plan. City is a newly incorporated city falling within the scope of Government Code Sections 65360 and 65311 and thus not subject to the requirement that a General Plan be adopted or that development decisions'be consistent therewith so long as the City makes certain'findings, which the City has made at Section J. of this Agreement. Notwithstanding these-findings City shalL-have no liability in damages 'under this Agreement for any failure 'of City to perform under this Agreement or the inability of Owner to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the findings made under Section 65360 and 65361 or the future General Plan, are invalidated or inadequate or not in compliance with law. 14. Public Benefits. Public Tmprovements and Facilities. -14 - 14.1 Tntsnt. The parties acknowledge and agree that development of the Property will result in substantial public-needs which will not be fully met by development of the Project and further acknowledge and agree.that this Agreement confers substantial private benefits on the Owner which should be balanced by commensurate public benefits.. Accordingly, the parties Antend to provide consideration to the public to balance the private. benefits conferredon'the Owner by providing more fully for the satisfaction of the public needs.resuit~ng from'the Project. 14,2 Tmnact Fees. (a) The developer(s) of the Property shall pay a capital or impact fee for road improvements and public facilities the City may adopt for development ("Public Facilities Fee".), in the amount in effect at the time of payment of the fee. (The term "developer(s) of the Property or Projects as used in this Section shall mean the person(s) who seeks a building permit to construct structures on the Property. These individuals shall hereinafter be referred to as the "Developers.) If an interim or final public facility mitigation fee or benefit 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 an Agreement for Payment of a Public Facility Fee, in substantially the form of Exhibit D. (b) Owner shall pay .all= other impact fees provided for under the Land UseRequlationS, including~ but not .'limited to the Residential Impact Fee (pursuant to Riverside County Ordinance No. 659) and Flood Control, Fire, Library, Traffic Mitigation and K-Rat Fees. 14.3 Fee Credits and Schedule. In exchange for the dedication.of land, the construction of improvements. and the payment of fees, Owner shall be entitled to Fee Credits set ~orth in Exhibit E. 14.4 Waiver. By execution of this Agreement, Owner waives any right to object to the imposition of the provisions of Section 15 of this Agreement, the adoption of any interim or final Public Facility Fee, or the process, levy, or collection of any interim or final Public Facility Fee for this Project; provided that 'Owner is not waiving its right to protest the reasonableness of any interim or final Public Facility Fee, and the amount thereof. 15. 'Reservat4 ons of Author~ tv. 15.1 T..~ m.~ tat~ ons. Resetvat{ 6ns, and' ~cceDtions. Notwithstanding any other provision of th~s Agreement,.-the following Subsequent Land Use Regulations shall apply to the development of the Property, including, but not limited (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of Processing'applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. ' .(b) Procedural regulations relating to hearing bodies,.petitions, applications, notices, findings, records, hearings, reports, recommendation, appeals, and any other matter of procedure. (c) Regulations governing construction standards and specifications including' without limitation, the City's Building Code., Plumbin~ Code, Mechanical Code, Electrical Code, Grading Code and Fire Code. (d) Subsequent Land Use:Regulations which are'in conflict with the Development'pian'' 15.2 Subseauent ~eveloDment ADDrOValS. This Agreement shall not prevent City, in acting on Subsequent Development Approvals from applying Subsequent Land Use Regulations, even if they conflict with the Existing Land Use Regulations, Existing Development Approvals or the Development Plan. Further, this Agreement shall not prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations. '4.5 (7r27~92) -16- 14874.5 ('//2W~J2) 15.3 Nod~Z.~cat.~on or Suspension bv State or Federal taw. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the Provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with-such State or Federal laws or regulations, provided, however, that this.Agreement shall remain in.full f~rce and effec~ to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 15..4 Regulation by Other Public Aaencies. It is acknowledged by the parties that other public agencies not within .the control of City possess authority to regulate aspects of the development of the Property separately from or Jointly with City and this Agreement does not limit the authority of such other public agencies. 15.5 Vestina Tentative Maps. If any tentative' or final subdivision map, or tentative or'final parcel map, heretofore or hereafter approved in connection with development' of the Property, is a vesting map. under the Subdivision 'Map Act (Government Code Section 66410, et ~_~.) and Riverside County Ordinance No. 460, as' the same was incorporated by reference into the TemeculaMunicipal Code by Ordinance No. 90-04, and if this Agreement is determined'by.a final'jUdgment to be invalid or unenforceable insofar as-it grants a vested right to develop to the owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the Provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur' only as provided in this Agreement, and the Provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 16. Development of the Property. '4.5 (7/27/92) .- 16.1 Pro~ect. The Property shall be developed with the following uses, and only the following uses: (a). Senior Citizen Housing DevelOpment on Parcel 2 of Parcel Map 27314, not to exceed 20 dwelling units per net acre; ~ (b) Parcel Map 27314; Nine (9) hole golf course 'on Parcel 2 of (c) Senior's Community Center' on Parcel 1-of the Parcel Map' 27314; .. (d). Congregate Care Facility on Parcel 3 of Parcel Map 27314; and (e) Skilled Nursing and Personal Care Facilities on Parcel 4 of Parcel Map 27314. No change, modification, revision or alteration of these uses or of the Project may be made without the prior amendment of this Agreement. 16.2 Riahts to Develop. The permitted uses of the Property, the density and'intensity of use, the maximum height and size of proposed buildings, and Provisions for reservation and dedication of land for public purposes shall be those set forth in Section 16.1 and the' Development Plan. The Project shall remain subject to all. Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 16.3 Chanaes and Amendments. Notwithstanding Section 16.1, 'the parties acknowledge that refinement and further development of the Project will require' Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Project. In the event the Owner finds that a change in the Project is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to- effectuate such change and City shall process and act on suCh application in accordance with the Subsequent Land Use Regulations. If approved, any such change in the Project shall be incorporated herein as an addendum to this Agreement and may -18- 14874.5 be further changed from time totime as Provided in this Section Unless otherwise re~ui~ed by law, as determined in City,s ' .. .reasonable discretion, a change to the Project shall be deemed "minors and not require an amendment to this Agreement Provided such change does not: (a) Alter the Permitted uses of the Project as a whole; or, _. (b) 'Increase. the density or intensity Of use. of the Project as a whole; or, (c) Increase the maximum height and size of Permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public Purposes within the Project as a whole; or, (e) Constitute a project requiring a Subsequent or Supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. . 17. P2riod.~c Rey~ew of Compliance w.{th Acreement. ( ) Pursuant to City Resolution No. 9'1-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the date this Agreement is executed. The Owner or successor shall reimburse City for the actual and necessary costs of this review. (b) During each Periodic review by City, the Owner is required to demonstrate good faith compliance with.the terms of the Agreement. 'The Owner agrees to furnish such discretion may require. 18. Amendment or Cancellat.~on of Aareement. Thi A consent of the parties and in thedmanner . Y. y Government Code Sections 65868, 658~7 an Amendment is requested by the Owner or succe · · the Owner/successor agrees to pay City any Development Ae e Amendment fee then in.existence as establi~Tiii~i .gr ment Y ty Council Resolution, or if no such fee is established, to reimburse City for the actual and 'necessary costs of reviewing and Processing said Amendment. 19. Rreach of Aareement. (a) The City reserves the right to terminate this Agreement in the event of a material breach of any of its material terms or any material term of any applicable federal, state or'local statute or regulation, Which breach is not cured following written notice and.a reasonable opportunity to cure. In finding such a breach: (i) City does not waive any claim of defect in Performance by Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. (ii) Non-performance shall'not be excused because of a failure of a third person; and (iii) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (b) The notice to cure period shall be thirty (30) days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Owner to cure the notified .breach, Owner shall be deemed in compliance with the provisions if, within that thirty-day time period Owner begins good faith efforts to cure such breach and shall present a · specific.and reasonable timetable to the c~ty for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the Planning Director shall cause to be noticed a public hearing before the City Council. (c) The Council shall hold a public hearing, upon ten (10) days written notice duly given to Owner and published notice provided to the public. Owner may appear at the public hearing before the Council and present information, orally or in documented form, that it deems relevant and appropriate to the -2O- Council,s deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Agreement should be terminated. NothAng hereAn AS intended to limit Council's right to make .other determinations which ere reasonably related to the Agreement. (d) The City Council shall cause OWner to receive written notice 'of any action taken.followAng the public hearing. (e). Within not less than'thirty (3'0) days of.-. receiving notice of'the City Council's action, Owner shall be entitled to initiate an action in state court to seek judicial review pursuant to California Code of Civil Procedure Section 1094.5. In the event Owner initiates such a review, the Council,s determAnation shall be stayed pending a final order of the court. (f) Upon a finding of material breach of this Agreement, and the failure of Owner to successfully challenge the same in a court of law, City may not only terminate this Agreement, but also shall amend the land use designation of the Property to InstAtutional or Low-Medium Density Residential, 'and amend the zoning to Single FemAly Residential (R-1) y Owner further agrees to such amendments. (g) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in City,s . regulations governing development agreements are available to the 'parties. to pursue in theevent there.is a breach. 20. Damaaes UDOn Termination. 'I~..is acknowledged by. the parties that City would not have entered'into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any Provision of ~his Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner,' or any other person, and 14874 .$ (7/TY/92) Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 21. Attorneys' Fees ~nd Costs. If legal action by either par~y is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and 'court costs. 22. 'Not{ces.. All .notices required or provided for under this Agreement shall be'inwriting.and delivered in person or sent by certified mail, postage prepaid. Notice'reqUired to' be given to City shall be addressed as follows: To City: City Clerk City of Temecula 43172 Business Park Drive Temecula, CA 92390 Notices required to be given to Owner shall be addressed as follows: To Owner: A party may change the address by giving notice in writing to the other party and thereafter notices 'shall'be addressed and transmitted to the new address. 23. Rules of Construction and Miscellaneous Terms. (a) The 'sinqular'includeS the p.lural; the masculine gender includes'the feminine;"'shall. is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of the Agreement. '4.s (e) This Agreement is made and entered into for the sole protection' and benefit of the parties and their successors and assigns. No other person, including but not limited' to third party beneficiaries, shall have any right of action based upon any provision of ~his Agreement. (f) This Agreement7 may be executed by the parties in counterparts, each of which so fully executed counterpart shall be 'deemed an original irrespective .of the 'date of" execution. 24. Counterparts. This Agreement may be executed in any number of .counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. "CITY" Attest: By: MAYOR City Clerk Approved as-60 form: City Attorney "OWNER" -By: Name: Title: 14~74~ -23- By: Name: Title: Notary [ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALLBE BY'TWO CORPORATE OFFICERS.] DMaCRTPTTON OF TNEPROP~Ty 14n4.4 ('//'~/g2) EXHIBIT "B" v-rTBTTNI) DwV~.OpNwwT/tPPitOV)T.-- Tentative Parcel Nap No. 27314 change of zone No.'21 EXHIBIT "C" DEVEI O~ St'~nmU~ .~. .1. Within five'(5) yesrs of the effective dat~ of this Developmeat Agreement, Owner shall have substantially begun construction of each of the following uses: A. Twenty (20) dwelling units of th~ Senior C'nizen Housing Development, and B. The Congregat~ Care Facility, Skilled Nursing Facility, or Personal Care Facility "Substantially begun consU'uetion" shall mean obtaining 'a building permit and having an approved and inspected foundation. · Afar twenty-five (25) percent of the dwelling units within the multi-family senior housing complex have received Occupancy Permits and prior to the next Occupancy Permit issuance within this complex, owner shall have constructed and obtained a Certificate of Occupancy for the Senior Citizen C. ent~r, and shall have completed the golf course. Within five (5) years of the effective date of this Development Agreement, Owner shall have recorded Parcol Map No. 273 14 and have obtained all subsequent development approvals for the Senior Citizen Housing Development, the Congregate Care Facility, the Skilled NUrsing Facility, and the Personal Care Facility. Within the term of this Development Agreement, Owner shall have obtained Certificates of Occupancy for all buildings identified in the subsequent development approvals. ~.:xHmFil'F ~D" eUrt,tC FACTTJTY FI~. Recording requested by, and When ~ecorded mail to: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk ) ) ) ) ) ) ) ) AGREEMENT FOR PAYMENT OF PUBLIC FACILITY FEE This Agreement is made this 'day of by and between the City of Temecula ("City-) and ("Developer-). RECITALS "Property- ) Developer is the owner of real property (the in the City of Temecula described as follows: Exhibit A, attached her,to and incorporated her, in by reference B' .Pursuant to Developer Proposes.to develop the Property (the "ProjeCt"). Recording of this Agreement is fee exempt Pursuant to Government Code Section 6103 as it is recorded for the benefit of the City of Temecula, a public agency., C. City has determined ~hat the Project w~ll Lmpact traffic and ~he demand forother public facilities within the City as identified in ~he ' a~-.- ~a 4 for the Project. These ~pac~cs must be mitigated by payment of a fee for additional road and public facility construction, which fee shall be identified as set forth hereinafter. D. The City proposes to impose a public facility fee upon new developments within the City in order to construct additional public facility improvements to serve and benefit new developments, including the Project. These fees shall be known as the "TemeCula City-wide Public Facility Fee'Program- or "Public Facility Fee." E. Condition No. of the Project requires-that Developer execute this Agreement prior to issuance of a building permit or conditional use permit, or recordation of the final map, as provided specifically in the conditions of approval. F. In order for Developer to proceed without full payment of the Public Facility Fee in a'.timely manner, Cit~ and Developer have determined to enter into this Agreement. G. The term "public facility- shall refer to public and municipal infrastructure, such as roads, highways, flood control facilities, city hall, police stations, community centers, theaters, parks and similar Public.infrastructur~. NOW, THEREFORE, the parties hereto agree as follows: 1. Public Facility Fee: -2- (a) The City Council will establish the amount of the Public Facility Fee at some time in the future. The Fee will be based upon the square footage of each development, the vehicle trips generated by each development, or similar measure(s). The · Public Facility .Fee also shall establi'shthe specific improve-~ ments to be constructed and 'their cost, the benefit assesamant area and the .method by which the fair share, pro-rata obligations of each property are to be established based on impact on traffic and demand for public facilities. (b) Developer shall pay the Public Facility Fee on each building at such time it receives its certificate of occupancy or final ·inspection, which ever occurs first. (c) The Council also may establish an Interim Public Facility Fee to be followed by a Final Public Facility Fee.. If only the Interim Public Facility Fee has.been established at the time the Developer seeks issuance of its certificate of occupancy or'final inspection, whichever occurs first, then Developer shall Pay the Interim Fee pri'or to issuance of the certificate of occupancy or final inspection, whichever occurs first. Later, when the Final Public Facility Fee is established, the Developer will be reimbursed for any difference between the Interim and Final Fee if the Interim Fee exceeds the Final Fee, and shall pay the shortfall if the Final Fee exceeds the Interim Fee. (d) If the certificate of occupancy or final inspection occurs prior to the establishment of the Interim or Final Public Facility Fee, then the Developer shall pay a deposit of Two Dollars ($2.00) per s~uare foot, not to exceed Ten ThoUsand Dollars ($10,000) prior to the issuance of the certificate of occupancy or'final inspectionl The deposit shall be a credit against the Interim or Final Public Facility Fee. A letter of credit or certificate of deposit may be provided in lieu of the deposit. (e) If either the Final or Interim Public Facility Fee is established after the issuance of the certificate of occupancy or final inspection, the Developer shall pay.the Interim or Final Public Facility Fee ten (.10) days after receiving notice from the City that it has been established. (f) Notwithstanding the above, Developer shall provide City with written notification of the opening of any escrow for the sale of the Project and shall provide in the escrow instructions that if the Interim or Final Public Facility Fee has been'eStablished, the Fee shall be paid to the City from the sale proceeds in escrow prior to distributing the proceeds to Developer/seller. (g) City shall record a release of this Agreement upon payment of all Public Facility Fees owing and shall provide Developer with a copy of such release. 2. Use o~ ~,h34c Fmc4.~4ty Fee: The Public Facility Fee collected pursuant to this Agreement shall be used only to Construct City-wide traffic and public facility improvements, which improvements are deemed to be of benefit tO Project, end for expenses incidental thereto." There is a reasonable relationship between the Project and the Public Facility Fee in that the Project will impact traffic and existing public facilities, and consequently, will require expansion of ~he City-wide street and highway system, and public facilities in order to meet the added demand resulting from the Project. The amount of the Public Facility Fee to be collected from Project represents the' cost of facilities necessary to meet the incremental increase in traffic and demand for public facilities resulting from the Project. 3. Tnfo~mat~on Provided: Developer shall provide to City, upon Cityws request. therefor, any and all information regarding access to the Project, trafficflow, trip generation factors and such other information as is reasonably necessary'to establish the Public Facility Fee. 4. Sec-r.~tv for Plab.l~c Facility Fee: (a) If the Interim or Final Public Facility Fee has been established prior to issuance of a building permit or other entitlement described in Recital E, then, concurrent with the execution of this Agreement, Developer shall provide an irrevocable letter of credit or other form-of security approved by City, in a form approvedbythe City Attorney, in an amount equal to the total Public Facility Fee for the Project. The amount of security'maybe increased upon'CitytS request should there be an increase in the amount of thePublic Facility Fee. The amount of security also may be reduced upon Developer,s payment of Public Facility Fees outs~anding. However, except for the deposit provided for in Section 1, no letter of credit is required if neither the Interim or Final Public Facility Fee has not been established as of the date of execution of this Agreement. (b) As an alternative to collecting the fee from the letter of credit, if the Developer fails to pay the Public Facility. Fee within thirty (30) days of the date demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon the described real property by'recording a nOtiCe that said Fee is due under the terms of.this Agreement with the County Recorder 'of Riverside County. The notice shall state the fact that said Fee, inclusive of penalty, is due under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest on the Fee end penalty at the rate set for~ch at California Revenue & Taxation SectiOn 19269 until paid. (c) The City may as an alternative to the lien 'procedure set forth above, bring legal action to 'collect the Public Facility Fee due. The. Developer agrees that if legal action by the City is necessary to collect the Fee the Developer agrees tO pay. the City a reasonable sum as attorney.,s fees 'and court costs, together with penalty and Anterest determined according to Paragraph 4 (b) of this Agreement. 5. Aareement R~,~E W.4th W~n~: This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of ~he parties. 6. Waiver: By execution of this Agreement, Developer waives any right to protest the Provisions of Condition No. of the Project, ~his Agreement, the formation of any Public Facility fee district, but not the nexus. between any Public Facility fee and the Project. 7; "4nd.4na Acreanent: This Agreement shall be binding upon Developer, Developer,s successors and assigns. 8. ~mendment/No Cont4nuina Waiver: This Agreement may be modified or amended only in writing, signed by both par'ties. This Agreement contains ~he full and complete understanding of the parties and supersedes any and all prior oral or written agreements or representations. A waiver of any term or condition of this Agreement by either par~y shall not be deemed a continuing'waiver thereof. 9. Attorneyst Fees: Should either'party determine'that it is necessary to file a legal action to enforce or interpret'the provisions of this Agreement, the prevailing par~cy in that litigation shall be entitled to its reasonable costs, including but not limited to attorneys, fees. 10. Not{ce: Notice shall be deemed given under this Agreement" When in writing and deposited in the United States mail, first- class, postage prepaid, addressed as follows: CITY: DEVELOPER: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk 11.' M~Sce'llaneous Provisions (a) If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. (b) If there is more than one (1) signer of this Agreement as Developer, their obligations are joint and several. IN WITNESS WHEREOF, the parties or-their duly authorized representatives have executed this Agreement as of the date set out above. CITY'OF TEMECULA By: David S. Dixon- City Manager DEVELOPER By: APPROVED AS TO FORM: By: Scott F. Field City Attorney sff/AGR17333 Form Uf Condition: Developer shall pay a building permit or any capital fee for road improvements and public facilities imposed upon the property or project, including that for ~raffic and public facility mitigation as'required under the ErR/Negative Declaration for the' project, in the amount in effec~ 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 pay a deposit of $2.00 per square foot, not to exceed $10,000, and 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. In imposing this Condition, the City finds as follows: 1. The fee collected will be used for City-wide'road and public facility improvements. 2. The road and public facility improvements (or portions thereof) to be financed will serve the ~roject by providing access, reducing congestion, and providing adequate public facilities, such as, but not limited to, City Hall, police station, fire station, community center and parks. ~- There is a need for such road and public facility improvements for the project as the proJec~c will generate traffic onto the roads to be improved and demand for additional Public facilities. 4. 'There is a reasonable relationship between the amount of the fee and the cost of the road and public facility improvements in that the amount of the fee is no more than the amount'of benefit to be received by each unit from access to and use of the road and public facility improvements. -ii- LETTER OF CREDIT -(To be on Letterhead of Issuing Financial Institution) CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 Re: Instrument of Credit Delivered'as Performance Security for Public Facilities Fee. Gentlemen: [name of financial institution] , a financial institution, .subject to regulation by the State of California or the Federal Government of the United States of America, delivers to the City of Temecula this instrument of credit as security for performance of the Agreement For Payment Of Public Facilities Fee, dated by and between the City of Temecula and · and referred to herein and by this reference made a part hereof subject to the following conditions: ' I. We pledge that we hold and will hold. on deposit the sum of Ten Thousand dollars ($10 000 00) trust · · as funds guaranteed for payment to City of Temecula to secure faithful performance by . , (hereinafter referred to as "Principal") of the Agreement for payment of Public Facility Fee. upon demand by the'City Manager of the City of Temecula, the whole or any portion of said funds shall be paid forthwith to the City should the Principal fail to perform any of its obligations'to the City under the Agreement For'Payment Of Public Facility Tee. II. No amendment to the Agreement For Payment Of Public Facility Fee, agreed to by City of Temecula and Principal, shall relieve us from liability on this letter of credit. We hereby give consent for any such amendments to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Principal whenever taken. We further agree that if City of Temecula sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys fees incurred by it in successful. ly enforcing such obligation, to be awarded and fixed by the court, and to be sff/LTRllOlll -1- taxed as costs and to be included in the judgment therein rendered. This instrument of credit is irrevocable. · Financial Institution Principal (Name). (Title) I swear under'penalty of perjury that I have authority to bind the above-named financial institution to the terms of this letter of credit. Executed at California, on · 19 . By: By: By: (Name) (Title) (Name) (Title) Signature Approved as to Form: By~ Scott F. Field City AttOrney CITY OF TEMECULA -2- sff/LTRll0111 Upon obtaining a certificate of oc'cupancy .Owner shall dedicate'to the City the Senior Citizen Center described in Exhibit-C.' In exchange for dedication of the Senior Citizen Center and completion of the Golf Course, Owner shall receive a full credit against its Quimby Fees required pursuant to Riverside County Ordinance No. 460. '4.5 Om~) D'R'R/1 RRSTRTCTTON RECORDING REQUESTED BY: WHEN RECORDED NAIL TO: CITY CLERK CITY OF .TEMECULA' 43174 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92590 DE~T.~ATTON OF PweTRTCTZON8 This DECLARATION OF RESTRICTIONS made this , 1992, by hereinafter referred to as "Declarant.- -) day of WHEREAS, Declarant is the owner of Parcels 1-4 of Parcel Map No. 27314 (the "Property"); and WHEREAS, Declarant intends-to sell the above described property, restricting it in accordance'with a common plan designed to preserve the value and residential qualities of said land, for the benefit of its future owners. '.NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and. of each and every person or entity who now or in the future owns any portion or portions of said real property. 1. ~.and Use and Bu~'ld~naTvDe. No person may occupy any dwelling unit located on the Property unless he or she is at least fifty-five (55) years of age, or otherwise qualifies for residency pursuant to California Civil Code Section 51.3. 2. ~. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots, and the City of Temecula, has been recorded, agreeing to change said covenants in whole or in part. 148745 3. ~nforcement. Enforcement shall be by proceedings at law or in equity against any person or Persons violating or attempting to violate any covenant either to restrain violation or to recover damages. The City of Temecula may enforce any .covenaht of this Declaration. 4. Attorneys Fees. Should any par~cy bring an action against the other for the purpose of enforcing the terms of this Stipulation, or for damages arising from its breach, then in such event, the prevailing party shall be entitled to its reasonable attorneys fees and costs in addition to any other award.'entered. by the Court. . 5, Sever~h~.].4ty. Invalidation of any one of these covenants by judgment or court order shall in no wise affec~c any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration of restrictions the day and year first above written. DECLARANT: Signature Name: Address: AI'rACHRIENT NO. 7 SECTIONS 5.1 AND 5.2 OF ORDINANCE NO. 348 RURAL ~ENT/AL ZONING STANDARDS AU]~EV e-e ZONE (RURA -RESXDENTZAL) SrCTZOx 5,2, USES.PERK]TTED XN R-R ZONE, (d) forth there4n, unless here4nafter modified. (2) leobtlehme, used as · one-fmJly residence, subject to the fol 1 ~ no con.it 1t on·: · . Nobt.lehmes ·'hall +ave · floor area'of not' l.ess that 450 square feet. b. The area betaeach the Found level and the floor of a mobil,home shall be screened frga dew by an opaque sktrt anttruly around the mobfiehaae. The following uses shall be perutiled provided approval of · plot plan shall first hive been ·brat ned pursuant to the provisions of Sectton 28.30: (1) F(sh~ng likes, canmerclal end noncommercial. 321 Guest ranches and motels. Educat~onal 'Institutions, librifles, museums and post office. (4) Golf, tennts, I)olo or country clubs, Ircher~ and golf and dr~vtn9 ranges. (5) Commercial uses for the convenience of and Snctdental to an.v of the above penflitted uses vhen located upon the sine lot or perce~ of 1 ind. Feed and gratn sales. Nurseries end 9arden supply stores. t98~ Pet shops end pet supply shops. Re·] estate offtces. (~0) Stgns, or~stte idverttstng. (11) Arts, crafts and curt· shops. (6) '*(7) Publlc Uttltty Uses. (1) Structures end 1nat·liaiSons necessary to the conservation and de re1 opment of ~ater such, Is 'dins, pt pal t flea, vatfir cOndutts, tanks', canalS, reservoirs, ells end the. necess·ry Pumptng.·nd .valet producUon facilities. (2) Structures and the pertinent facilities 'necess·ry and Incidental to the development and transmission of electrtcll pour and gas such as ~droelectrlc poet pllnts, booster Or Conversion plants, tr·nsmtsston 1tries, ptpe1~nes end the 11ke. '3) Itsalto broadcasting stilt·n·. :~l Telephone triesmission lines, telephone Ixchan es lad offices. Railroads, Including the necesslr~ tictittles ~ln connection therekrt th. (6) Television bro·dcasttng still·hi, lntennls, and cable lnsti~lattons, lad microNave relay stations. The following uses ·re permitted provtded· conditional use permtt his been granted: (~) Atrport or lindtrig fteld. , ~g 32{ Auto wrecktrig ]erda. Any mtntng operation vhtch ts exmpt from the prorlstons of the Callforwla Surface Htntng end Reclmatton Act of' 1975 and RIverside Coun~ Ordinance No. SSS. (4: Cmeter~, pet or Iraman. Camere! al :7# Camerote1 uses, the fo11Mng: a. Anttque shops. b. Autmoblle servtce stations and rspatr garages vlth or 'wtthout the concurrent sale of beer end vtne for off-premises consumption. -. " c. Baker7 shops, tncl'udlng Imktng onlJr. when 1net dental to' rata11 sales on the prmtses. d. Barber shops and holut~ shops. e. Bars and cocktaft lounges. f. Bt 11 t lrd and pool hal 1 s. · g. C1 eant ng and dj~t ng shops. t. nail serfIces, Including rotottllers, power movers., sanders, power saG, cment and plaster mtxers not exceeding 10 cubtc feet tn capacity, and other similar equipment. ;I · (hleted) k. Food, melt, Imultr)' and produce markets. 1. Frozen food lockers. m. Hardyare stores. n. Laundries and laundrmats. o. Ltqutd petroleu~ servtce stations, vtth or ~lthout the- concurrent sale of beer and vtne for off-prentses consmptton.provtded that tf storage tanks are above ground, the TOtal capactty of all tanks sire11 not exceed lO,O00 gallons. Storage tanks. shall be pathted a neutral color and shall not have an), advertising painted or placed on their sv trace. p. Ltquor stores. 1 ' q. (De eted)' r. Parktrig lots and parktrig buildings,. pursuant tO the t. Professional offices. u. (Deleted) v. RefresMent stands. v. Restaurants and other eattrig establtsMents. x. Shoe stores and repatr shops. y. (Deleted) z. Stations, INs, ratlroad and tax1. aa. Ttre sales and service.- bb. Tourist Infomatton centers. cc. Underground bulk fuel storage. dd. auctton houses Ind yards.' Dune buggy parks. Frutt and vegetable pack1 ng pl ants and stroll ar uses. 20 Hog ranch, , sub3ect to the provisions of · .,hence No, 431, LeabeT production of a cmmerctal nature, tncluelng urnmarcia1 logFlag or cgmerctal clevelolxnent of ttiber and leebar mills. Nechtne shops. The manufacture of: a. Brick, ttle or terra-cotta. b. Cment and cement products. co G~sum. 26' Rigrant agricvltural ~orkers mobilalma Farks. .]:7, Pen. fed cattle operations, 1'1yestack saleyards, livestock suctt'on yards, end dstry farms,. ' ' (Z8) Race tracks, tncluc~ng but not-ltml-ted to. contests between automobiles, horses, go-carts, and motorcycles, but not tncludin~ contests betteen banan betrigs enly. (:tg) IreCreations1 vehicle parks. (20) Rifle,. ptstol, skeet, or trapshooting ranges. (2Z) Rodeo arenas. I{Tratl btke parks, . Tratler and 'bGat storage, (24) (Deleted) E22651 Dtspesal servtce operations. Neat cutting grid packaFt 1 n9 P ants, p~ovtdsd there ts no slsughtertn9 of Intma~s or ~n~rtng ~ Hater ell ddlllng, operations and servtce (29) (Deleted) (30) Nob?lehme parks, eelaped ~uant to Sectton 29.g3 of th~s oral1 hence. ee The folloving uses are permitted provtded that the operator thereof holds a pemtt to conduct surfa:e mtntng operations tssued pursuant to RIverside County' I)~dtnance No. 555 vhtch has not been revoked or suspended, (Z) An,v mtntng operation that ~s subSect to the California Surface flint rig and Iteclmatton Act of Z975. . Kennels and carteties are permitted .provided they are Ipproved pursuant to the provisions of Section Ze.4S of this ordinance. Any use that ts not specifically ltsted tn subsections b. and d. may be considered a permitted or conditionally permitted use profled tha~ the Planntng Nrector finds that the proposed use ts substantla11~ the same In character and intensity as those 11sled tn the clestgeated subsections. Such a use is sub3ect to the pamtt I~ocess ~htch governs the categor~ tn whtch tt fa~ls. knended Effect1 ve: Z2-2)-82 (Ord. 348.2304) ~2-23-82 (Oral. 348.2:t40 ) 08-02-84 04-04-87 06-30-88 05-04-89 07;20-89 (Ord. 348.2338) 'Ord. 348.2669) Oral. 348.2856: Ord. 348.3023 :Ord. 348~3043: SECTZ0N S.Z. DEVELONIENT STANDARDS. tiMre · structure ts erected or z use ts Bade tn the R-R Zone that ts first specifically pemttted tn another zone clDstftcatton, such structure or use shell met the development standard~ and re ulattons of the zone tn uhtch such structure or use .ts first specifically pemttted, unless such reqotrenents are hereafter modified. a. One fmtl~ resideneD shall not 'exceed 40 feet tn .hetght. No other butldteg or structure shall exceed 50 feet tn hetght, unless ahetght up to 75 feet for latldtngs, ]0S feet for other structures, or greater than 105 feet for broadcasting ant·neD ts approved pursuant to Sectton 18.34 of thts ordinance. b. 'Lot Area. 0he-half acre, with I mtnt.aum average width of 80 feet, Including the area to the center of adjacent streets, shall be the mtntmum stze of any lot except as follo~s: (1) Publtc Utilities, 20,000 square feet with a m~ntmen average lot vtdth and ~_t_h_of-,TOO-feet. c. Auramobile storage space shall he provided as requtred b~ Sectton :Z8.22 'of thts ordinance. Ord. 3344~8 .Ord. (Oral. 348.783) (Oral. 348.905) Famefly Article :[ :~:[-renumbered Art. V and mended: 05-04-72 08-09-73 05-30-74 06-20-74 11-07-74 03-20-75 07-10-75 (Oral. 348.1023) 'Ord. 348.1189: Ord. 348.Z327 'Ord. 348.2340: Oral. 348.1377 Ord. 348.1429: :0 d. 348.145e, · r 10-02-75 12-10-75 02-03-77 04-21-77 09-08-77 04-12-79 '11-29-79 07-02-81 11-11-82 12-23-82 05-19-83 08-02-84 10-06-89 :Ord. 348.1470: 'Ord. 348.1482. .Ord. 348.1545 ,Ord. 348. IS64: 'Oral. 348.1588) Ord. 348. ,Oper. 01-01-80) Ord. 348.1968' :Ord.. 348.2104' Oral.' 348.2140' 'Oral. 348.2162 *Ord. 348.2338' .,Or.d. 348.3053) 22 ATTA~ NO. 8 SECTIONS 8.1 AND 8.2 OF ORDINANCE NO. 348 GENERAL ~ENTIAL ZONING STANDARDS R-3 ZONE (EENERJU. RESXDENTIAL) The following repulstlons shall apply tn sll It-3 Zones: SE~TION 8.1. USES' PERHITTED. The folloving uses shall .be pemttted prodded approval of s Rot plsn 1 she 1 first ks. ken obtsteed Putsuser to the provisions of ~ectlon :t8.30: (~) An7 use permitted tn the It-2 Zone. 321 Apartment houses. Nonprofit dubs and lodge halls. '4' Fraternt.ty and sorority houses. S Hotels, resort hereli, and .orals. 6, Nurser~ scheols for preschool day care. ,7/Institutions for the aged ltcensed by the 'California State De artanna of Sects1 lieliar. or the Coun~ Department of Publlc UeJlfsre. Nedtcsl and dental offices. Chi ropractic offices. Law Offices. (11) Architectural, engineering, led cmmanit~y plmnntng offices; protided there ts no outdoor storage of materials, equt~ent, or vehicles, other than passenger cars. Congregate care. residential factlt ties. Accesso~ bu¶lc~ngs, to a specific permitted use, preytried that the accessor)' building ts established as an Incident to a principal 'use and does .not change the character of that use. On-stte stgns, affixed to butld~ng ~alls, startrig the na~e of the structure, use, or Institution, not to exceed S percent of the surface' ares of the exterior face of.the vall upon uhtch the SIgn ts located. The fellWing uses shall be permitted prodded a cond~Uonal use permit ts obtetned Pursuant to this ordinance: (1) nobllehane parks, developed 'pursuant to kctton 19.92 of. thts oral1 hence. '2: (Deleted) ' · .3 Par/tng area for c~merctal uses. ,4, Eventn curseT7 school, chtld care and biby-sttt4ng fsct11Ues vhere ~3 or more unrelated children are kept under Superriston'by I person 11cansad by the State De artmeet of Sects1 tieliar. or Riverside hunt), Department of PuCllc lieliar. during an~ hours betart S p.m. and 8 (S) Congregate care residential fat¶lilies, developed pursuant to Section Zg. Z03 of thts ordinance. 41 ee Planned residential ~velopments, profled a lend dtvtston ts approved' pursuant to the provisions of Ordinance No. 460 end the development standards tn Section 18.S or 18.6 of this ordinance. ~ f. Kennels and cartaries are Peat tied protided they are epproved pursuant to the 'Iravisions of Sectton 18.45 of this ordinance. Mended Effect1 ve: Z2-23-82 'Ord. 348.2:140" 06.28-84 .'Ord. 348.234Z' 04-04-87' :Ord. 348.2669 0:~-:Z5-87 ,Ord. 348.2543',. SECTION 8:Z. DEVELOPKENT STNIDARDS. The folioring standards of clevelo~ent shell epP17 tn the l-3 Zone, except that planned rostdential dayclaimants shell cop17 vtth the davelofelnt standards Contained tn Sectton 18.5 of.thts ordinance. be The mtntmum lot area shall .he 7200 square feet vlth a mtnlmum ·vetage vtdth of 60 feet end a mtntmm everage depth of 100 feet, unless different mtntmums Ire specifically requtred tn The mtnlmm front and rear yards sh~11 be tO feet for buildings that do no exceed 35 feet tn he1 ht. Any rUon of e latlding ~htch exceeds 35 feet tn hetght shell C set becFfrm the front end roar lot 1tries h no less then tO feet plus 2 feet for each foot by ~hl.c the hetght exceeds 35 feet. The front letbeck Shill be measured fra~ any extstlP- or future street 11me Is sheen on any spect flc strait plan of the ~'~ County. The roar setback shill be me·surod frgn the lxtsttng roar lot. 1the or fr~m any rocorded alley or llamaant; tf the roar 1the ·d~o4ns e street, the roar setback requirement shall be the 'sEe as requtred for a front setback. c. The etateam Stda ),erd shell be 5 feet for bjtldings that do no exceed 35 feet tn hetght./key puritan of a butldin ~htch exceeds 35 feet tn hetght shell be set beck fm each stde lot ~tne $ eat plus 2 f ..feet for each foot"by vhtch the hetght exceeds 35 feet& tf the $tds yard adJotns a strait, the ;1de setback roqutre~ent shall be the see u roqutred /or a front setback. NO structural encroacMents shell be n thts ordi nonce. ee No 1ot shell have era then SO percent of 1Is net area covered u4th but1 di rigs or Structures. The maxhu~ ratto of floor aroa to lot urn· shall not be greater then tan to one, not Including baseant floor urn·. All buildings and structures shell not exceed SO feet tn hetght, unless ·hetght up to 75 feet ts specifically permitted under the provisions of Section Z8.34 of this ordinance. 42 g. De1 ere d. h. Autauob~le storage .spice shill be protided as reclutred-Ity kct~on 28.12 of thl I etch nance. - Mended 'Effect1 ve: 01-1S-64 01-19-66 06-0747 09-23.70 09-16-71 .0S-04-72 06-21-73 09-).3-73 05-30-74 12-10-75 04-12-79 03-16-82 12-23.82 0&..29-85 'Ord, 348,251: 'Ord, 348,422' ,Ord. 348.507 ~Ord. 348.777 ;Ord. 348,920, Ord. 348,1201' Ord, 348,1327 Ord. 348.1481. Ord. 348,1688) ~Ord. :Ord. 348.2510) 43 ATTACH1VIX'tNT NO. 9 SECTIONS 18.5 AND 18.6 OF ORDINANCE NO. 348 STANDARDS FOR PLANNING I~'-~;IDENTIAL DE~ O~ & PLANNING RESIDENTIAL DEV~ OPMENTS - SENIOR CI'EIZ, ENS S~r~I4TTM.pC vg~ 56 SECTTON 18.4. SPECI, .~TUDZES ZDNES - GEDLOGZC RE:FOR../.QUIREFEKTS. an In additton to the requtrments of this ordinance, all applicants, for a specific plan of land use, cundittonal use ;emit, public use ;ermtt, plot plan or development 1an or certificate of occu nc approval, for a project, as defined tn J~t verstde County Ordinance C. j47., withtn a sliectal studies zone deltaanted b7 the State kologtst rsuant to Section 26Z~ et seq. of the Publtc Resources Code, shal~conply with all of the provisions of RIverside County Ordinance NO. S47, and no ;emit or approval subject thereto' shall be granted except tn accordance td th the provt st ons thereof. · b. No application subject to the prodstons of tht.s sectton shall be considered as can leted for ftllng, and the rime' limitations for processing an mpp~mlcatton shall not begin to run, unttl all requt rmmnts under Ordinance N0. 547 have been canplet. ed. SECT:ION 18.5. STANDARDS FOR PLMNED RESIDENTIAL DEYELOPENT$. Planned residential developments shall he constructed tn accordance with the heretnafter 11sted requireants. :In adc~tton thereto, planned restenCtal developments shell he subject to, and shall canply with, such additional conditions end requirenears as ere determined to be necessary tn approri n9 the development to make 11 canpattble with the' cmnuntty tn which ttts proposed to be located. (3) A subdivision map, prepared substantially tn accordance with the conditions of approval thereof and the requirments of thts section, shall be recorded pursuant to Ordinance NO. 460. DENSZTY, OPEN AREAS AND HEXGHT LXHXTATXONS. Not less than 40; of the net area of I project shall he used for open Irma or recreational facilities, or I cmbtnltt0n thereof. The net area of. a project shall he 'determined by excluding all streets, drtves and automobile storage areas. The total eraher of d~elltng untts tn a project shall not exceed that which would be ;emitted tf the project ere a standard lot development. The hetght of buildings shall not exceed that which is ;emitted in the zone tn which the project ts located. The maxtam ;ermttted density and height ltmtts my be reduced.if ttts determined to he necessary for'l planned development to achieve cmupattbilt~y..with the area tn which the development ts located.' YARD SETBACKS. lutl ding setbacks floe a proJect's extertor streets end boundary lines sholl be the sane as those prescribed by the zone tn whtch the project Is located. In no case shall such builolng setbacks for any project be less than those prescribed tn the R-3 Zone. The.mintmmn butlding setlack iron tntertor clrtves shall be ten feet. (4) STRELrTS. Streets, whiCh m~y he ;ermttted to be private, shall be requt rod tn accordance with the proristons of Ordinance No.' 460. 149 (s) RESIDElIT];& STrICTUREaS. The nanher of dwelltrig untts tn one building shell not exceed leo tn the R-Z Zone and all other zones that pemtt planned residential developnears is an R-1 use, or eight ckelltng units tn one building tn the R-2 and R-2-A Zones. The fleaher of dwelling units tn a .bOll cling tn the R-3 Zone and all other zones that permit planned residential develo ants as an R-3 use shall not exceed that permitted bJ~ the R-3 :~one development standards, Residential buildings shall have a BinJEan-ground floor l t v trig area of lO00 ;Ware feet and each .. 'dialling unit in i Iatldi Shell have the ad.ntmum floor living' area required by Section ZI~.Z1 of this ordinance, (6) RECREAT]:OKAL BU]:LDINGS, Itecreattonal, 'publtc asslnbly and strutlet buSldingo Bey be perutiled vithtn a project 1f they are Intended for the primary use of persons restcling vith~n the project and are located so as not to be detrimental to ad:lacent propert:l es. (7) PLAZNTENANCE OF COHJI:)N AREAS. A cormunity essocIatton vith the unqualified right to assess the okraera of the dve111ng units for all maintenance, operational and other costs of the comaon areas facilities and the cmnunt association shall be establJ and continuously maintained. T~ essoctatJon shall have the shed and rtght to l ten the untts of the wears who default t n the' pNcnent of thetr assessments, The assoctatton's 1ten shall not be subordinate to any encunbrance other than a deed of trust or mortgage made tn good fatth and for value whtch ts of record prtor to the recordatlon of the 1ten of the association. P~tor . to recordErton of the ftnal subdivision ,kip, the developer shall submit for approval the declaration of covenants, conditions and restrictions for the pro:lect. The approved declaration shall be recorded at the time of the recording of the ftnal subdivision map .. (8). TRASH APEAS. Adequate enclosed trash pickup areas, convenient to the residents wht.ch they are 1etch'dad to serve, shall be provided · t n the pro3ect," '(9) SCREENZN6. A stx-foot htgh masonry Nell shall be constructed on any project boundary 1tee where the adjacent Iroper~y ts zoned for a lo~er residential denstry than that zone tn whtch the project ts located. (10) klALKkfAY$. FIve-foot vide paved ;idestHan ualbeeys shall be t nstal 1 ed between the dye11 tng untts and the recreatt one1 areas of the pro3ect. (Zl) ACCESS, Vehicular access opentags tnto a project shall be 1trotted to one for each 400 feet of publtc street frontage; however, al 1 projects she11 be parrot tied M access dr1 yes regarciless of the mount of frontage. '150 (:12) PARK..TNG. Autmobtle storage space Pequtred shall be as detemJned at the tJme of tssuance of the conditional use pemlt; however, tn no event shall there be less than :1.5 parktrig spaces for each one bedroom untt and not less than 2.5 spaces for each untt vtthtn tam or ere bedPoems. The requtred parking spices shall be protided enttrely vith the develolaent. Publlc street parking led tandee parking shall not be counted tn thts mlwl Pro,fit. SECTION. 3~.6. PLANlIB) ItESIDENTIAL DEYEL(FI~IrrS - SENIOR CITIZENS. (1-)' Vhen 'tt ts proposed by an pltcant that. occupancy of a planned residenaSal development belTtatted to send. or cltSzens', the appltcatSon for the land d~vtsSoe shall teclude the staten,at (2) Sent or CttSzen Planned RastdeetSal I)evelopments shall be constructed Sn accordance ~tth all of the development requt rennets. of Sectton :18.5, except as modifSed here1 n: DESXGN. The overall development shall be destgned for ease of use by persons of advanced age.' Not less than one accessible route for ~he handScapped to all on-sate fecSlStSes shall be provided. trnere publSc facSlSUes ,x-tat, such as bus stops, side,elks and drop-off zones, accassSble routes for the hand capped shill be pPovtded; b. LOCATZON. !)evelopments shall be located tn areas whtch offer serfices to the aged, such as treespart. arSon, shopping, recreatt on and nutri tt on progrins. . ELEVATORS. No butldin9 shall be constructed that exceeds one story In heSght unless tt conrates elevators for the use of the occupants. Residential buSldlngs uhtch exceed one story shall IN'ovtde additional elevators tf they are needed due to the ma, her of untts or pro:feet desSgn.ppoposed. Elevators shall be spiced tn order to mtnSmtze the walk trig 'distance fran the elevators to the rastdentSal unSts. RECREATXOK. Camon recreational factllttas or buildings destgned for senior dttzen use shall be provided for the use of the occulants. PEDXCAL. Nedtcal offtcas and convalescent fadlltles, not Including hospitals, may be required for the use of the occupants. f. PARKXNG. The ember of requSred sutmobtle storage spaces shall be datemined te accordance vlth hctton :18.12 of thSs ordinance at the time of the approval of the pro:iect; 151 ge he bo~e~r, n~t~dtbstan~n~ m~y/~ov~s~o~ ~ r~t~ ~htcle ~r~ s~u ~r ~t~ntlal ~oses m~ ~ a11Md tf ep~p~ate, ud an a~ttonal fie ~rcent ~,ctton m~ ~ a11~ tf ~e epltcant ~ses alte~ttve Hntor ~Uzen ~n~tte ~rms; hNver. tn ~ cue shall ta ~cttH of ~~ s~c, uceed 25 ~e~ ~ t~ ate1 s~ces ~t~d ~ ~ton 18.12 of this or~n~ce. ~bllc strut ~r~ and Unto ~-ktq shall not ~ c~nted t.n thts ~t merit.. A11 ~t ~d ~rkt ng spac, shall ~ locat~ e~t~ly ~tn the evel~ent. -acc~stble ~ t~ unt~ ~tch ~y serve, and no parktn9 spece shall ~ locat~ m~ ~an 150 fet-f~' the untt tt Matted ~ ser,. Parktq ~tmen~ for other facilities ~thtn the evelint shall M ~bJe~ ~ ~ pro~sto~ of Sectton Za. Z2 of tMs o~nce ~d m~ not ~ ~ced. HANDICAPPED PARKed. It 1as ~an ten ~ent d the r~ut~d parktrig spaces shall M mat gnarl and ~stgnated for use by the handicapped. Handtc~d parktrig spaces sha~l distributed evenly throughout AGE RESTRICTIONS. The co,nants. toniatom and r, trtcttons for t~ .avelore, ha shall mut~ that each ~manent ~st~nt tn each dwlltng unit shall ~ 55 ~a~ of age or over. " HANDICAPPED UNITS. At least ten .percent of the residential untts shall be adaptable for the handicapped. Those units shall meet the standards set forth by the Depar~nent of Houstng and Cmenunt ty Develoment, Tttle 24,.Part II of the Ca1 t fornt a Am1 nl stratt ve Code. Amended Effect1 ve: 06-28-84 (Ord. 348.2341) SECTION 18.7· ZONING FOR SENIOR CITIZEN.DEVELOPHENTS. llhenever a planned · residential development for sent or ctttzens has been constructed pursuant to Secttons 18·5 and 18.6, or, whenever the Board datemines that an area should be considered for senior ctttzen zontng, the area may be set for hearing pursuant to the provisions of Section 20.1, et seq., to constrict zontng that would 11mtt the occupancy of dwel]lng units wlthtn the area under construction to the here1 halter 1 t steal mtntmum ages. Idhenever the zontng symbol tn a zone classification on any offtotal zoning plan map ts folioveal'by the tntttals 'S.C.D." (Exmple: R-i-S.C.D.), each dwelltrig untt tn the area so zoned, that is occupied, shall be occupted by.at least one person not less than 50 years of age and no person under 18 years of age shall pemanently restde tn any ckell4ng untt tn the-:zoned area. 152 ATTA~ NO. 10 SECTIONS 19.101, 19,102 AND 19.103 OF ORDINANCE NO. 348 CONGRF.~ATE CARE FACH~rrI~ STANDARDS 57 ARTZCLE XZXd CONGREGATE CARE RESZDENTZAL FAC:ZLi TZES SECTZOI~ 19.101. ZNTENT, It is the intent of the Board of Supervisors in adopting this Article to provide alternative housing opportunities for those .persons. c*apable of independent living who ~ not need the level of care provided at convalescent fadltttes, The Board finds that this. Article w~11 provide needed housing for those persons who have been identified as impacted groups by the Housing Elmant of the Comprehensive General Plan, The Board also finds that this Article ~11 proride a standard for*distingUishing between congregate care residential fadlt ties and othe~ multi-family uses, SECTZON 19.102, DEVELOPNENT STANDARDS, The follok'ing standards of development she11 apply for congregate .care restdential faci I i ties, a. Density. The allowable density for a project shall not exceed the density Pemttted by the underlying zoning classification or the applicable General Plan Land Use Category, .whichever is less. b. Location. The project shall be located in accordance w~th all applicable developmental and locattonal guidelines under the Cmprehensive General Plan and shall be located in those areas which. offer appropriate Servtces for the residents of these faci 1 t ties, t no1 udi ng necessary medi ca1, transportart on, shoppi n;, recreational and nutritional progrwnS. c.. Elevators. No building shall be constructed that exceeds one story tn height unless tt contains elevators for the use of the occupants. Elevators shall be spaced in a manner which will minimize the walking distance fron the elevators to the res'i denti al units. d. Dwel 1 i nq Units. 1. The net livable area for each unit shall not be less .than 400 square feet for an efficiency unit, 550 square feet for a one-bedroan unt t, and 700 square feet for a two-bedroom unit. 2. Not less than four percent of the residential units shall be 'aCcessible for 'the handicapped, and all other units 'shall be .adaptable for the handicapped, The hancHcap units shall be di stri buted equal ly throughout the project. A11 hanoi cap units shall meet the standarcls set forth in Title 24, Part II of the California Acintntstrattve Coee. 3. Kitchenettes may be pemitted provided that they are sized to meet the tmmedi ate needs of the occupants of the untt. 4. No more than thirty percent of the units shall be efficiency untts. e. Hallways and Walkways, .Hallways should be kept to a minimum length to avoid the appearance of an oversized home or an institution, FIve-foot ~de paved pedestrian walkways shall be installed between the dwelling units and the recreational areas of the project, All hallways and pedestrian walkways shall be maintained w4th a minimm of five feet of unobstructed width and 280 adequate vertical-clearance to provide unobstructed walking capability. Not less than one accessible route for the handicapped to all on-site facilities shall be provandal. Hallways shall be designed ~o accanmodate the use of walkers, canes or .. other mechanical assistance. f. 0 n Space and Recreation Facilities. Not less than forty percent ~et~e net area of the pro~ject.shall be used for open space. recreational facilities, or a cmbtnatton thereof. Not less than twenty-five percent of the required open space area shall be used for active recreational facilities, such as pool, spa, tennis, and 'gardentng.by residents. Recreattonal,.publtc asssnbly and similar .buildings may be peat tied wil~htn the project if they are intended · for the primary use of persons residing within the project and are located so as not to be detrimental to adjacent properties. Yard Setbacks. Building setbacks fra~ a proJect's exterior streets and boundary lines shall be the sme as those prescribed · by the zone in which the project is Iotatool; however, in no case shall such building setbacks for any project be less than those prescribed in the R-3 Zone.. The minima~ butlding setback for interior drives and parking areas shall be ten feet. Building Hetqht. The height of buildings shall not exceed that w~ich is permitted in the zone in which the project is located. The maximum permitted height limits must be reduced if it is determined to be necessary for a planned development to achieve c~mpatibility with the area in which the development is located. Trash Areas. Adequate enclosed trash pickup areas, convenient to the residents which they are intended to serve, shall be provide~ in the project. Trash areas will be screened by a six-foot high deeprata ve block wal 1. Screening. A six-foot high decorative' block wall shall be constructed on all project boundary lines to provide adequate security and privacy· The exterior side of all block walls shall :be coated with a protective coating that will facilitate the r~nOval. of grafft ti. Parking. The nanbar of required automobile storage spaces shall be determined in accordance with Section 18.12 of this ordinance at the time of the approval of the project; however, notwithstanding any provision of this ordinance to the contrary, a twenty percent reduction in the total nanbar of required vehicle parking spaces for residential purposes may be allowed if appropriate, and an additional five percent reduction may be el lowed if the applicant proposes mitemail ve senior cttizen transportation programs; however, in no case shall the reduction of parking spaces exceed twenty-five percent of the total spaces required by Section 18.12 of this oralhence;. Public street 281 parking and tanden parking shall not be counted tn 'this requt rment. A11 requt red parktng spaces she11 be located enttrely within the development, 'accessible to the units which they serve, and no parktng space shall be located more than 150 feet from -the grit t t t t s destgned -to 'serve. - .Parktng requi rments for other facilities within the develolx~ent shall be subject to the prodstons of Section 28.22 of thts ordinance and may not be reduced. Not less than ten percent of the required parking spaces shall be clestgned and designated for use by the handicapped; provided, however, that there sha11..be .at least one' destO ned an~ . designated handicapped parking space provided for each handicapped · resident, Handicapped parktng spaces shall. be distributed evenly throughout the parktrig areas, 1. Access, The number end location of vehicular access openings into a project shall be as specified by the Road Camisstoner. Projects must be located on a street with a mtnimum 66-foot rt ght-of-way. m. Supportive Services. Services that support the residents shall be provided. At a mtnim~n the following services.shall be provide¢. 1. Laundry Facilities. One (Z) washing machine and dryer shall be provided for ever~j t~enty (20) rooms. 2. HousekeeDtnq and Linen Service. At a minimum, eekly service shall be provided. 3. Convnuntcattons. A "panic button," Intercorn or other' similar device.shall be provided tn each room so communication ~dth the central office/security desk ts available. 4. Central Dining. A central o~ntng room shall be provided..The size of the room shall be sufficient to accow~odate all of the residents. The minimum room stze shall be the product of the proposed maximum nmber of resiCents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than 350 square feet. 5. Hiscellaneous Facilities. The following services are permi tted within a Congregate Care Resi de nti al F actl i ty provided they 'do not exceed five percent of the total building' of the factli'ty. I)Barber and Beauty Shops. Religious Facilities. (c) Commercial uses that are compatible with the proposed use and provide a service to the residents. Such uses may be open to the general public. n. Public Transit Access. A public transit turnout shall be include~ within the pro,iect's design. SECTION 19.103. DEVELOPPENT STANDARDS - ZNCREASED DENSITY. above, unless otherwise limited by I C~mnuntty Plan, may be pemttted if the project meets the following additional gui deli nes. 282 Area Services. The follovring servtces must be located the lot i o~ing prescribed ~stances: (a) Neighborhood Shopptng Center: :~/Z m1~e, (b) RecreaTIon .FacilITies ~T,h mentOtes ,stgned for ~he (c) Hospital Facility: 20 rotates b~ ~bllc or private trl~ ~ltt on. (d) Ned~cal Ser~ces (Doctor~nt~st): ~o mi!es. Ned~al settees shall man the ~o~ston of health care by 11ceded-practitioner. at f~xea locatto~ ~rtng office ~u~. (e) ' ~a~ency k~ces (Ft~aredtc): ftve m~es mer~nc~ .htcle. (f) C~ntty ~r~ces (Sottel, E~cattonal, e~.): mtles. (g) Mass TranstT FactS'try: (~) ?f a ~duc~ton tn t~ ~qutred parktrig spaces · re~esZed then the factl~ mus~ ~ ~oca~e~ ~50 feet of t~ pro~ect. (2) ]fa reducTIon tn the requtred parktrig spaces not ~quested, ~hen t~ fa~tTtt~ ~st ~ Z/2 ~t~e of the projec~ unless Zrans~r~aT~on prov~ Ge~ by Z~ fa~t 1 tty. Pro~ecT Des~ n. Pro~ec~s proposed un~r ~hts secTton mee~ ~ fo~o~ng ~equ~rmen~s. tn aa~ton to a~l ' requtr~enTs of Se~on ~9.~D2(c) through (n). a. O~n SDa~e. ( ~ )Pr~ vaZe ODen SDace. Each ant ~ she11 ~ prov~ Ge~ private useable o~n spa~e. Pa~os sha~l ~ a~ ~eas~ 2DO square fee~ tn area. Balconies sha~ ~ aT least Be square fee~ tn area. (2) C~on Open SDace'. (a) NoT less than for~-f~ve ~rcenT of ~he net area of a pro~ecZ sha~ ~ used for space. Not less Than ~nt~-five ~rcen~ of Z~ requtred c~on o~n space area sha~ used for'actS.re ~creaTtona~ facilities. such as ~o~, spa, tennts, and'..gar~n~ng res ~ den~s. - (b) ingot ~crea~tona+~etsure space sha~ provided tn t~ fore of a mu~ttWrpose or rec~at~ona~ ~m. The stze of t~ r~ sha~] ~ ~sed on the rat~o of 25 s~are feet floor a~a ~r untt provided. 2n no shall the ~m ~ less ~han 2.ODD s~are fee~. b. Access. The ~r and localton of .htcular access o~ntngs tn~ a ~oJec~ shall . as s~ctfted by The Road C~tsstoner. Pro~ec~s ~sT ~ located on a sirlit ~ th Imt ntm~ 66-foo~ rt gh~-of-~ay. ~ ~h~ n 250 feet 'of a mass tra~t~ factl~t~, or ~sZ provide appropH a~e ~ans~rta~t on for rest ~nts. 283 I)enstty. A denstty tncrease of :ZOO percent over that pemttte~ Section :~9.:~O;(a)above, unless otherv~se 1trotted by a Community Plan, may be pemitted tf the project meets 'the folio,trig aadtttonal gui de1 tnes. 2. Area Services. The following services eust be located ~thtn the fol ]ovrtng prescribed o~stances: a. Neighborhood Shopping 'Center: :Z/4 m~le. b. Recreation Facilities ~ith mentries designed for the Z mile. c.. Hospital Facility: ZO minutes by'l~j~ltc or private trans portart on. ~ · d. Hedical Services (Doctor/Dentist): .one mile.' Hadteal services shall mean the provision of health care by licensed practitioners at fixed locations ~rtng standard office hou~s. e. Emergency Services (Ftre/Parmedtc): ftve minutes b.v mergen~,v ve.ht cl es. f. Caromunity Services (Soctal, Educational, etc.): one mile. g. Hass Transit (~) Zf a reduction tn the requi~ecl parking spaces is requesteC then the factltty must be located ~thtn ~SO feet of the pro~ect. (Z) Zf a reduction in the required parking spaces ~s not requested, then the factl~t.v must be ~th~n ;Z/4 m~e the project unless transpor~a~.ion ts provtded b,v the factl~t.v. Z. P~o]ect Design. Projects proposed under this section sh~]] mee~ the follovring requirenents, in adtit~on to all requirenents Section ~Zg.~ZOZ(c) through (n). a. 0~>;~ Space. Pri rate ODen SDace. Each un~ t. shal 1 be provi decl private useable open space. Patios shall be at least ~ZO0 squ~re feet ~n area. Balconies shall be at least 8~ squ~re feet tn area. Cawnon O~;~SS ' fi fry of . project shall 'be used for cannon open space. No less .than twenty-five.percent of the requ~rea canmort. open space ~11 be used for active recreational facilities, such as peol, spa, tennis, or gar~ening by res f dants. (b) Inaoor recreattonalrletsure space shall be provided tn the fore of a multi purpose or recreational roan. The size of the roan shall be based on the ratto of Z5 square feet of floor area per unit prov~cled. In no Instance shall the roan be less than Z,O00 square feet. Access. The ruJnber and location of vehicular access oDentngs into a pro.~ect shall be as specified by the Road Cm:nisstoner. Pro.~ects must be located on a s~reet vri th a mintmum 66-foot r~ght-of-~vayo ~th~n 1S0 feet of a mass transit facility, or must provide appropriate transportation for residents. 284 An increased densetry project must be ,located a I~tntml,~ ~stance frm any other 1noreased Oenstty project equal to the proauct of the rimbar of Untts' of the larger project multiplied by 50 feet; protided, however, that tn no event shall the minimum ~istance '-betroan an~ two increased ~enstt, y projects be less than 1,320 feet. SECTION 19.104. RESTRICTIONS. a, The development shall be open to those re. stdents who are capable of demonstrating th.e mental cmpetence and ph/s~cal abtl(t,y to leave a but 1 o~ ng w~ thout asst stance Of any other person ,. b. 'The prOJect proponent shall not proride aq), setrice whtch wuld require a l~cense to be tssued by the State of California, Thts Includes, but ts not ltmtted to, the follo~ng: 1. Assistance tn dressing, groam~ng, bathing and other personal hygt erie; 2. Assistance ~th taktng'medtcatton; 3. Central storing and {fistdbutton of medicat~ons; 4. Arrangment of an~ asst stance ~i th meet ca1 and dental care; and 5. Naintenance and supervision of restSant monies or property. Added Effective: ]-~5-B7 (Ord. 348.2643) 285 'ATTA~ NO. 11 SCHOOL DISTRICT S~T~I4TTM.pC wrn/ TEMECULA VALLEY Unified Sch00f District SUPERINTENDENT Petr4m · Novoteey. Ed.D. BOARD O; EDUCATION Dr. Day,ca Eursch Raise Vanoerhaak ~ F. SplrkNh Walt ~ hmra T~er March 9, 1992 The City of Temecula Planning Department ' 43174 Business Park Drive Temecula, Ca. 92590 Attention: Saied Naaseh Subject: Change of Zone No. 21, Tentative Tract Map No. 27314 We would like to take this opportunity to address the above referenced Change of Zone and Tentative Tract Map submitted by the Linfield Christian School. This project consists of 50.4 acres subdivided into a nine (9) hole gold course and a senior citizen housing and nursing complex. · We are very concerned about the compatibility of this project due to itslocation -next to the Temecula Valley High School complex. This complex consists of the football stadium and other athletic fields, tennis courts, and the main campus. The football'stadium experiences heavy usage throughout the daytime and evening hours, and is contiguous to the proposed development. During the day, it is not uncommon for the high school to host pep rallies for the entire student body (over 2,000 students), as well aS other activities which in the past have included U.S. Armed Services helicopter landings and "rock' bands. Evening activities include home games for the Temecula Valley High School football team, which. will now increase in frequency and attendance size due to the reconfiguration of the league. Other athletics such as track and field competition and related sports are also common during daytime and evening hours'. This stadium receives intensive use by the community, which includes football, soccer and related events. The noise level and bright evening lights from this stadium will adversley affect the quality of living for the neighboring project. The newly constructed tennis courts are due for installation of coin operated lights, and will be open to the community after school hours. These lights will contribute to the evening lighting situation which may also have a negative impact on this project. It should also be noted that the $chool's public address 31350 Rancho Vim Road /Temecula. CA 92592 1 (714) 676-2661 system is audible from the proposed developmentis si~e,. and this system is utilized throughout the school day. Therefore, due to the extensive use of all of the high school's facilities throughout the year by both the school district and the community at large, we feel that the above referenced project is incompatible. Although we will not oppose this project, we would like to state that under no circumstances will we accept any' responsibility for the impact our stadium, tennis courts and other related facilities will have on the neighboring senior housing and nursing complex, nor will we conform to any demands made in the future should any of these facilities become an issue with this development. We also request that a full disclosure be made to any prospective buyer or renter of this proposed project that the above referenced conditions exist, and that these conditions are not subject to mitigation. Thank you for your time and interest concerning this matter. T~.ecula Valley Unified School District Dr. Patricia Novo~tne Superintendent PN/bk ATTACHMENT NO. 12 ARTHUR ANDERSON STUDY DEVEY OPME~ PROGRAM RECO~ATIONS 59 DEV~T~P/eEWf JOl ,, . x ~u a tl OllS Naszer Plan Patio Residential 240 CongreSate 200 Skilled RutsinS/ Personal 'Care 7a. Golf Senior Center N/A 30.34 7.91 '6.75 " 29.63' 1.81 43.09 11.29 0.00 2.49- 0.00 Total 518 52.68 9.83 Source: Albert A. Vebb & Associates, Larry VeselyArchitects; At=hut andersen Real Es=ate Services Group. The master plan encompasses 52.6 acres which for desi2npurposes has been segreSaned into five pls-~t-_e.arees correspondin2 =o The different uses included. Pl---tn2 Area I, desi2ned for active adult patio/tovnhome products, has 30.3~ acres, while Pla--iu2 Area II, desi2ned for The con&re2a=e care livinZ facilitT, has a total 6.'75 acres. =he skilled nutsinS/personal care facilit~ has been pl~ed on 1.81 acres in Plan~in2 Area III, vhile The golf course encompasses 11.29 acres in Pi~ Area IV. Finally, The senior commtmity Center wiThin Pl=--~ Area.V has been designed on. 2;49 acres. A total of. 518 dvellin2 units are included in ~he master plan, yielding an overall density of 9.83 units per acre. Active Adul~ Patio/To~homes and Golf Course Pl=--tn2 Area I includes 240 patio/~ovnhomes clustered in duplex and fourplex structures, (See Table IX-2). Each u~it has been designed viTh a rear patio vhich opens up to eiTher open space or 2olf course fronta2e. Townhome units R have been piaced at the intezior of the fottrplex clusters to alloy for secm~'~ floor or loft ~indow opport~dties, fntth is a major marketin2 issue for these tTp.es of ~nits with patio units positioned at the end of clusters. Fourpieces have been clustered in the vicinity of 2olf course 2reens so that .prime 2olf 'course rlm composite for ht2her densities rlth respect to prictn2. and' marketabili~y.' . . Four to five floor plans are recommended for the development, vith an ave'ra2e unit size of approxtmatel7 1,150 s~uare feet. An avera2e base price of ~105 per square foot in 1992 dollars is thou2ht to be aeh4evable trlth an avera2e trait premium of $10,000. The reco'nnnended phasin2 plan calls for r~ree increments of development, each vtth 80 units and constructed in successive 7ears from 1993 to 1995. Honr~l~ absorption 'is estimated at five to ei2ht units. A S,O00 to 6,500 square foot recreational facility should be the centerpiece of the connnunlry ~ of'fertn~ a ran2e of exercise facilities aloni with ac~lvtzy rooms for billiards, cards and related acZivitles. DEVELOPIaWT ltOG~A~ The loll course usociated vith the development is a small n~ne hole desiBn. AchieVable daily 2re~t fees in 1992 dolla.r_s are estimated at ~8 per round vith a ~272 annual fee, vhich is a 15 percent discount from daily greens fees assundn2 40 rounds te~ally. ~his xnnual fee is recommended as a discount proBram .to hemcorners vithin the c_~--q4tT... 'i 1,200 square 'foot pro. shop/starter facility is reconended for the Course; No food or beystaKe facilities are recommended for incorporation in the starter facilit~y based on its proximity to residential ~dts. Although ve have not completed any market investilations vith respect to the potential performance of the course. ve believe that it is a conntm~ty amezdt~ vhichvill produce siBn~ficant value. Even as a small course it'provides the communityvith enhencedmarketability to a.tarSet ma~ketvh~th is keenon recrea~ional activities end lifestyle and alloys the project to compete . effectively vi~h other competitive comBunities offerinl a sindlar omenit-/. In addition, the course produces .substantial financial return~ for the project by allovin~ frontage premiums for the patio/tovnhomes aside from the operateriB revenue generated by the Course .itself. Confrefate Care X.iVi~e Facility A 200-tufit Coniregate Care Livin2 Facility has been desiBned in Pl-w-t~t Area II, (See Table IX-3), v~th the ~n~t m4T of 40 studio units, 80 1-bedroom tmits, 80 2-bedroom tm~ts and a common area of 25,000 square feet. The averaBe studio uxdt size in the project has been desi2ned at 420 square feet, vldle the averaBe 1-bedroom is 6~0 square feet. Units vith 2-bedrooms have been desiBned at 1,000 sqhare feet, Coson area features in r. he project are reconnemied t ~ include kitchen facilities of approzimatel,y 1,O00 square feet, dining facilities vi.th seating capstiLT of 130 interior seats and ez~erior patio 25 seats, Recreation facilities shmad inclmie: activity rooms for Cards, television, libtexT and bi3~iards; .service facilities such as .a beauty stlon, barber. shop and conv~4ence store; an exercise facilitT, a. pool/spa; and men's and vomen's locker room, Ackievable monrJxly rental rates expressed in 1992 dollars are estimated at $998 per month for studio mxits, $1,500 per month for 1 be~om ~s 2 g2,037 ~or 2 bedroom ~ts. ~ a~evable double occup~ ~ee is at g475 ~ 1992 dollars. S~ablized occ~c~ .~s be~ projected a~ 90 perc~, occ~r~ ~ 1996. ~e rec~~ senice pa~e ~ed h ~e ~7 ruu~' fee is 45 meals per mm~, very mid ~ lin~ senice, ~t medic~ ~ert syscm, ~ utilities.and scheduled transportation. · DgVwr~Rewrf PXOg;ee I ?l--m4-V Area ll Congregate Care Living Facility !)eveloimeszt hogram ~a,c- 200 Average It Size - Studio - 1-Bedrooa - 2-Bedroom 420 sq. ft. 650 sq. ,~t. 1000 sq. it. Unit Ktx - Studio - 1-Bedroom - 2-Bedroom 80 80 Percentaxe 20.0~ 40.0Z Rental htes (1992) Studio 1-Bedroom 2-Bedroom Double Occupancy (additional) , 998 1,502 2,037- 475 Per So. Ft. ~ 2.37 2,31 2.04 Stabilized0ccupancy Stabilized Year Service PachSe Included in Rental Fee: - 45 Meals Per Nonth - Weekly Naid and Linens - Unit Medical Llert Systems - Utilities - Tre-eportation .C; Area Features - 'Narketing Office - EttchenFacilities' - Dining Facilities - Lounge/Card Room - Exercise Room - Salon and Barber Shop - Libtax7 - T.V, Room - Admtntstratt-ze 0f~tce - Convenience Shop - Nail Room - BilliardR0om - Pool/Spa - Non's Locker Room - Women's LoCker Room (Joint vit]z m]c:LLled lzurlin& faci];Lty) 90.0~ 1996 25,000 sq. ft. 1,000 sq. ~t. 155 seats 175 spaces ,R Skilled laurel-e/Personal Care Facilitw Jk 50-bed skilled nutsin2 facilit7 linked roBeChar vith SO-u~Lc personal care facility is reCo~ended fix pla,m~f Lrea III, (See Table IX-4). ~he linkaBe becveen ~he ~vo facilities is a 12,200 square fooC common area desiBned for administrative offices, a dinfix2 facll~t7 rich' 60 seats, kitchen faciltt~ of about 600 square feet, a lotmSe/TV room'and a library. ~he skilled nursin~ facility is reconnnended to have 6 private rooms and 44 send-private rooms. The averaBe size of both ~he personal care xn~'Lts and uhe sldlled nursin~ rooms are escimated at 400 square feet. The act~ievable averaBe monthly aerv4ce fee for personal care t~ita iS estimated at $2,055, vl~Lle skilled nursing' rates for private and semi-priyace accommodations are estimaced ac ~125 and $100, respectively (1992 dollars). Based on ~he occupancy characteristics o~ ocher ~acilities, an occupancy nLtZ ~ the proposed Eacility has been estimated as 50 perce~t private insttrance, 37 percent RadiCal and 13 percent Nedicare. Stablized occupancy has bean proJecUed at 90 percenc for che s~Llled nutsin2 facility and 85 percenc for che personal care Eacil!~y. The firs~ stablized year for boch che personal care .~ac~lit7 and the skilled .nursin~ facility is projected to' be 1996. ~01~ .-K~,,,AVIOIIS TX--3 0 Skilled lursimg/Pe~ ,-,,-1 gaze leeill1:3, Develo~ Program luabezofSkl/ledlursinfBeds - .Private -' Sma4-Priva=e " ., "'- of Personal Caz~ Un~U AverqeUEEt Size - Persona/Care - Sk~11edHursin~ S]r/lledBursimg Dail,VRates (1992) - Private Room - SmR4-Priva=e Room Peranal Care leonraz~ Service Fee (1992) - - Sin&le Occupancy. - Double Occupancy (addi=ional) SkS/led!luniueOccupanc~XJx - Prtvace hsuren=e - MediC~l - MediCare Srabf/ized Occqp-w~, - Sk/11ed Blursin& - Personal Care Stabrazed Tee: C; _ - id-4-tstreEive'Offices - DtmJm& Facilities (60 seats) - EtcchenFaciliCies (1,000 sq. - Loun&e LTea/T.V. Room - Libra~7 · . 50 6 5O 400 sq. 400 sq. j125 95 j2,055 $450 50Z 372: 13X 9OZ 85X 1996 12,200 sq. f=. S~ior-Orie~ted Co__mi~v C~ter ~ ~ 2,49 acre parcel o~ the site ~ be~ se~ aide ~or developer ~ s s~or- orieted c~~ cater, It is -~.-~ -~ ~t ~s p,cel ~ be 4eeded to ~ developed W ~e Ci~ o~ Tae~ls, C~versatia ~ ~iyid~s in ~e Ci~'s par~ ~ recreati~-dep~m~t idaCili~ ~ c~tiu of I~e ~ R~o Be~rdo as hv~ model facilities 2 pro2rm. ~ pet of o~ market al~sis ve co~ucted a s~ of ~e cetffs ~ ~e co~mJties u veil as a n~ber of o~ers. In general, the facilities ran2ed in size from approximately 10,000 to 15,000 square feet, situated on betveen 1 and 2 acre. Typically, a center consists of a larSe multi-purpose room, card room, library, kitthe, and administrative offices. In some facilities there is a conference room or lar2er auditorium' as well. ~ The centers provide a .vide array of recreational pro2rams and activities in addition to.a daily hot lunch pro2ram. These activities include card clubs, educational classes, exer. Cise'classes,. dockor screeniu2s, le2al advice, and shoppin2 end site-seein2 excursions. The facilities provide services to betveen 100 and 250 seniors daily. Facilit~y profiles for ~hose senior canters surveTed lollors. Basic Features Operating Hours: She: Building:. Year Built: SUBJ' ;T TO CP. ANGE IRVINE SENIOR CENTER |rvineo CA SummaW of Services Nov-91 8:00am - 5:00pm M-F ApproximaTely 2 Acres 11,000 SQ FT · Single Stow 1978 Contact Person: Telephone Number:. · Address: Jan Calhoun 714/724-6800 ;3 Sandburg Wa.y · Irvine, CA (Culver & Sandburg) Recreational Facilities The structure consists of 2 offices for the full-tim personnel and 1 office for the staff; a conference room; a card room with an approximate capacity of 110 persons housing 10-12 card tables seating 4 persons each; a multi-purpose room with In approximate capecity of 175 persons; I ~brary; a full service kitchen; and a ballroom with a sage, Recreational ProgrewmlActivitios Programs Coordinated with Local and State Programs City-Sponsored TRIPS Program Outreach Program Live Bands Playing Big Band-Era Music Language Classes Relaxation Classes Aerobics Billiards Food Services Bingo The center offers s daily hot lunch meal program serving approximately 40 persons clagy. The price for the meals varies with age (i.e., Senior / Nonsenior) and hot verses cold. Commerrts Last year, over 1 O0 volunteers donated more Than 25,000 hours. in addition, much of The equipmum and fumiTura used by the center Ira donartad. The staffing varies as The manlxr of senira and The number of progrsrns offered verbs. Another source of funds is through rsrnai income for the use of some of the facilities for weddings, receptions, meetings, workshops. seminars, ctuses, etc. bummary I;,! berylGel No,,-r SUBJECT TO Basic Features Operating Hours: Size: Building: Year BuiI~.. 8:3C~m - 4:30pro M-F Approximately 1 Am 'SQ FT Not Available Single Stow 1989 Contact Person: Telephone Number: Address: Francis Bau 6191487-9324 ~'. 18402 Barrmrdo Dnve Bancho BarneS, CA 92127 Recreational Fadlee The structure consists of approximately 6 offices, 3 of which ~ to the.senior mr for me Director, Office Manager. and Staff; a large multi-purpose room (blip with an approXJf,'~fts. capacity of 130 parsons; a smaller multi-purpose room (hall) with In approximate cap(city of 30 parsons; a patio for certain outdoor functions; a small computer room; a small kitchen with basic appliances; a separate privately-owned lawn-bowling futility; and s separate privately-owned Tennis court fqcility. Recreational Program/Activities Dances Cards (Bridge, Pinnocle,. Etc.) Fund Raising Events (Bake Sales, Walk-a-thons, Etc.) Excercise Classes (Aerobice, Karate, Etc.). Medicare Consultation Widow / Widower Group Meetings Travel Club ( Small Trips) Educational Classes {Writing, Geography, Etc.) Fashion Shows Bingo (Fridays) Computer Classes Legal Advice Doctor Screenings Lawn Bawling Tennis Food Services No Daily Services Pot Lucks and Picnics. are Common Comments Employees: hiltiN Director NIl-tim Office Manager Part-Time Maintenance Assistant Part-Tree Representative Provided by Adult Protective Services 'Varying Part-time Staff Depending on the Daily Activities This is a very active senior enter with daily visits approximating 100-200 parsons. There are approximately 1 O0 regular volurrteera providing over 2,000 hours of service per year~. Staff and volunteers put out a monthly newsletter I calendar to all members. The local C:hamlcar of Cr-..,,B~s dice;bulls liftdad copies of the newsletter, and all others ale mailed to The members only. The center receives no funding from the city and minimal funding from the ftrte. !t rsliss mainly on limited donftioos, extensive fund-raising, and periodic hall rentals. The center is 2 years old and has approxirnamly 1500 members. The canter's ~ equipment and furniture are both dontrod and purchued. Basic Features Summary of Services Nov-91 Operating HourS: . .'. 8:00am- 5:OO pm M-F Size: - Appmximaaly 2 Aces BuDding: 15,400 SQ .FT' Two SToW Year Built: 1989 (New) Contact Person: MaWAnn Tellphone Number:. 619 1 4344127 Address: 799 Pine Avenue Cadstad,-C~ 92008 The structure is approximately 28~300 square feet in size, h~Wever, the senior cantor'only occuplis 54% er 15,400 square feet. The structure consists of · reception area; I lounge. with a ..fireDlice, sofas, chairs, and 8 big-screen TV; In auditorium which is 2,500 Illtaro feet in lisl lnd divisible bTtO 3 smaller rooms if needed; 4 offices - 1 for the coordinator and 3 for appmximatoly 6 other full- and part-time staff;, a small conference room; an art studio; a dsnce studio; a game room; an outdoor courtyard with barbecue facilities; a library; a full-sea kitchen; and a dining room which Is 2,500 sara feat in size. Recreational Programs/Activities Bingo Cards Exercise Classes through Madcosts College Foreign Language Classes Musicals Dances Doctor Screenings (Skin, Eyes, ETc.) Arts and Crafts Movies Legal Counseling {Mainly Wiili) Various Seminars Boam Games Insurance Counseling Travel Pmserrtations Nu~,;~;on Program Live Bands Bus Services Food Service Lunch is served daily To seniors for a donation of $1.50 and to all others at a cost of $2.50. The'average menu consists of an appetizer, main course, hit,. vegetable, occasional dessert and 8 choice of rnik tea, or coffee which is served to approxi'rnmaly 150'persons a day. -There is also a dseV "meals on wheels'. program in which meals era delivered to The homes of approximately 50'seniors who Ire unable to. visit the center, Daily mseis are not cooked at the cinter but are catered in from the iocel nu~,;~on center, Comments Full-Time Employees: CoordinaTor Secretary Nu~,;~,n Site Manager Part-Tune Employees: 2 Facility ~irn~nanco 3 Van Drivwm 2 Rscaptioni, ts The center hes approximmely I f~ra~uim' volummem who donme over 3,0CX) houm of thdr time per y~r. The celTIra' receives most of its funding from the city parks and racralgon fund as well as limited gram from the American Agency on Aging. Additional ravenusa am obtained through faclty rarnais for weddings, receptions, meetings, etc. The .building is shared with the Caebbsd Unified School District as wall as the Iocel nub;~;on center. A nswSleTter I cllendar il d~i,~uted to III members on I morrthiv basis. Basic Features OperaTing Hours: Size: Building: Year Built: 8:00am - 4:00pm M-F - Approximately 2 Acres 13,000 SQ FT Single Stay 1980 Contact Pmon: Tie;hone Numben AddrMs: 619/966-4144 455 Country Qub Lane Oceanside, CA 92054 ReCreational Fec~fitlel The structure consists 'of 3 offices - 1 hoLming .the Director, 1 housing me AssisTam Dimmr, and 1 housing pemlegais, Tax advisors, and insurance advisors; · large me~cMlaose roam used for the nu~;~:on and mcraation program with an alapmXirnmte capacity ef 240 persons; a smaller multi-purpose room divisible into either 1 large room with an approximate capacity of 150persons or 6 smaller morns with an approximate capacity of 30 persons each; a full-service kitchen; and an outdoor facirrty for shuffleboard and horseshoes. Recreational Pmgrams/Activitiss Seminars {Wilson Trust, Social Security, MadScare) Exercise Class, Line. Round. and Tap Dancing Cards Board Games Blood Pressure Tests Ear and Eye Exam Fund-Raising (Craft Fairs. Pancake Breakrafts. Raffles) Travel Program Legai Courmaiing Educational Claues Am and Crafts Choir Group Nuu;i~an Program Shuffleboard Horauhcee Food Services Lunch is served daily to seniors for a donation of $1.75 end to all others at s cost of $2.50. The average menu consists of an appetizer, main COurse, fruit, vegetable, dessert, and. choice of milk, tea, or coffee. There is also a'dally "meals on wheels". program in which meals are delivered to the home of those seniors.who era unable To visit the center. Comments Full-Time Employees: Director AssisTant Director Maintenance Assistant Part-Time Employees: 2 Additional Mqjntsoance AuMants The center has at least 12 regular volunteers on a daily basis and approximmly 200 each month. In addition, m voluntser or senior, member donates time daily as the centsis receptionist. The center receives state funding mainly for its nb~,;~on center and vary limited city funcling. It does raise additional funds through the rental of its facilities for weddings, receptions, meetings, etc. The income derived trr ~ rarnal Ictjvtties is given back to the City of Oceanside for use in various city programs such as the senior center. A newsJar / calendar is distributed to/I members on 8 monthly bade. Basic Fea~res Operating Hours: S~ze: Building: Year Built:. 9:00am - 5:00pm M-F .Approximately '2 Acres Approximately 1S,000 SQ FT Two Stow 1976 Contact Person: Telephone Number, Address: Ron Cole '714 1 929-0086 305 East Devonshire P,O. Box 387 Hemat, CA 92546 Recreational Facilties The stTucture consists of 7 offices uuqized by the canter manager, information manager, volunteer · coordinator, nub-;~;on manager, and various full-. and pan-the staff; · multi-purpose room with an approximate capacity of 400 parsons (divisible into 2 room if needed); i senior wing with an approximate capacity of 200 pareone (divisible irrto 2 rooms if needed); I dining room with an approximate capacity of 180 persons; and a full service kitchen. Recreational Progrems/AcTtvities Nutritio~ Program Prime of Life Program Blood Pressure Tests . Medical'Seminars Occasional Doctor Screenings Outreach Progrsm Travel Program Housing ProGram Sunday Sing-Alon~s Bus Services Retired Senior Volunteer Program Arts and Crafts Parmere Help Program Cards Board Games Dancerelse Swinging Singles Group Deme Classes Food Services Lunch is served daily To seniors for a donation of $1,50 and to all others at a varying rate, The average menu consir, s of an appetizer, main come, fruit, vegetable, desse~ and a choice of ff.'lk, Tea, or coffee. There is also a daily 'meals on wheels' program in which meals ere delivered to the homes of those' seniors who are unable to visit the center. Comments Full-Time Employees: Center Manager information Manager Nu~.-;~;on Manager Volunteer Coordinrmr Staff Assistant Part-Time Employees: Rental Alalstlnt,for Set-Up and Clelning The canter has approximately 12 dail~f volunteers assisting es many es 400 dally visitors.' The canter receives a decent amount of city pnd state funding and also has an occasional fund-raiser, In addition to me employees listed above, the canter also conu&cu with a local cieaning company for repreeantrdves to come and clean me facilities on a regular basis, A newsmr I calendar is ~istributed to all members on a monthly basis. Basic Features 0parsing Hours: '~ 8:00am - 5:00pro M-F Conam Person: Koran ~ S!ze: -. . Approximately 2. Acres Telephone Number: 6191323-5689 Building: 12,000 SQ FT _ Address: 480 South Sunrise 'Sin01e Stow him Springs, CA Year Built: 1990 92262 Recreational Faclities The structure 'consists of approximately 6 office which' are used by or for (1 } me executive direCtor, (2) me adminia-uadve assistant, {3) the 0utreach dire~i~r, f4} Board meetings, (5) special meetings, and (6) 6 office staff: a main lounge with m timlace, sofa, and chairs for small conversations; an auditorium with an approximate capacity of 285 persons; a multi-purpose room with an approximate capacity of 150 persons; a full-service kitchen; a library; an arts and crafts room; a community room; and 5 counseling rooms, Recreational Programs/Activities Medical Counseling {Medicare, Prescription Drugs, Etc.) Medical Screening Blood Pressure Tests Dance Classes Exercise Classes Arts and Crate Classes Distribution of Local Travel Agency Discounts Fund-Raising (Senior Olympics, Black-Tie Ball, Senior Expo) Seminars Bingo Foreign Language Classes Orchestra Group Choir Group Board Games Cards Food Services Lunch is served daily to guests of all ages fo~ a donation of $1.50. The average menu consists of an appetizer, main course, fruit, vegetable, dessert. and I choice of milk, tea. or coffee. Comments Full-Time Employees: Executive Director Administrative Assistant Outreach Director SecreTaW Maintenance ASsistant Part-Time Employees: Title 5 Program ,Representative Provided by me City of Riverside The canter has approxirnltety 100 regular volunteers each month. ApproxillllTIIy 150 seniors visit the center each day, The canter ,receives limited city and state funding. It relies some revenue Through fund-relsing activities and The remainder through The antel of its facit~ites for weddings, receptions, etc, A newsletter. I calendar is crmtributed to all members on · monthly basis, ATTACHIVI'ENT NO. 13 lv~gc~z,4,NEOu$ CORRISPONDENCE S~ST/~-'tqUq~37314TfM.~ ~lw ECE!VZ3 'Z July 2, 1992 Mr. and Mrs. Robert Pipher 41825 Green Tree Road Temecula, California 92592 Dear Bob and Dottie: Jim Adare and I would like to thank you for taking the time to meet with us on the 10th' of June. We appreciate you positive comments regarding our plans for the development of the school property. We want to build a facility here that will blend in well with our community and our neighborhood. If you should have any other questions, be sure to call. Also, we will keep you informed as we progress. Sincerely, Kim W. Eldridge Director of .Development ,,,' 'P. S. We will be setting up a meeting with John and Lindy Telesio when Jim returns from his trip. te 31950 Pauba ~ad / Tenenda, Ca//fomia 92592 / 714-676.8111 July 2, 1992 ' Mr. Ken Lewsader~ President Villa Avanti H.O.A. c/o Elite Community Management 27710 Jefferson Avenue, Suite 106 Ternecula, California 92590 Dear Ken: Jim Adare and I would like to thank you for taking the thne to meet with us on the 17th of June. We apprechte your positive comments regarding our plans for the development of the school property and we hope the colored picture of the project was helpful to you in showing our plans to your board. As'The Linfield School grows, we desire to be a good community neighbor and we would appreciate any concerns or comments as we progress. Thanks again. Sincerely, Mr. Kim W. Eldridge Director of Development te 31950 Pa,ba Rind / Temmdg. C. difon~ ~2592 / 714-676.8111 RALPH DOI~tNETTE C',hal! Exact#live July 14, 1992 Mr. Kate1 Lindemans City of Temecula 43172 Business Park Dr. Temecula, CA 92390 To the Temecula [lanning Committee and City Council: As Chief Executive Officer of Church Development Fund and Founder of Christian Retirement living,.Inc., I assure you of =he v~tai interest of the Christian Churches of the states of California and Arizona in the Senior-Oriented Residential Community of Temecula. We have been earnestly seeking a place for the senior members of our 250 churches in California and the 60 churches in Arizona. This development on the Linfield Christian School propertyappears to be the ideal location. I have carefully perused the Market and Financial Analysis and Recommendation for this project prepared by the Arthur Anderson Co.. of Los Angeles. I am most impressed with the quality and thorou.ghness of this presentation. It is my hope that the Planning committee and City Council of Temecula will gave the green light to this most needed development. The combination of Patio/Townhomes, Congregate Care and Skilled Personal Care complex will provide a unique community for the growing senior population'of SOuthern california. We would be'most pleased to direct the Senior members .of our churches to take residence in such a community. Mo ricerely .~rs, ' p rne · RD:lrl A Financial IV~wy Serve~ the CI~ Churctlel of Cafitol~il 905 S. Euclid Street. FuMenon, Cellfo.zia ~2632 Teomuhone: 0'14) 447-080a · FAX (114) ATTACHMENT NO. 4 DEVELOPMENT FEE CHECKLIST R:\S\STA~;~;RPT\2ICZ.CC 6/1/93 klb ~) CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TENTATIVE TRACT MAP NO. 27314, AMENDMENT NO. 3 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Fiat) Parks and Fiecreation (Ouimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 15 Condition No. 5 Condition No. 89 Condition No. 84 Condition No. 5 Condition No. 98 Condition No. 42 R:\S\STAFFRFI~21CZ.CC 611193 Idb 10 ITEM NO. I~PPROV~L ~ CITY ATTORNEY FINANCE OFFICER CITY F, M~GER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT CITY COUNCIL DAVID F. DIXON, CITY MANAGER JULY 27,1993 ORDINANCE AMENDING PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS - SMOKING POLICY FOR CITY PARKS AND RECREATION FACILITIES PREPARED BY: (~ RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the City Council introduce and approve the 'first reading of the Ordinance entitled: ORDINANCE NO. 93-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE 91-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS DISCUSSION: On April 12, 1993, the CommUnity Services Commission approved and recommended to the City Council to amend Ordinance No. 91-37 to require individuals smoking any tobacco products in outdoor City parks, recreation facilities, and trails to maintain a distance of twenty: (20) feet from all non-smokers. It was further recommended that the Northwest Sports Complex be INCLUDED in this policy because it is less restrictive than banning smoking completely and compliance of this policy should not create a negative impact on existing leases associated with this facility. The Commission cited that the intent of this smoking policy is to protect the health and welfare of the citizens of Temecula who utilize city parks, trails, and recreation facilities from the negative affects of secondary smoke. In addition to requiring smokers to maintain a twenty (20) feet cushion to all non- smokers, the Commission also recommended that smoking be prohibited within twenty (20) feet of the following outdoor park areas: Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants, and fairs where people congregate. Seating in dugouts and bleacher areas. Within enclosed outdoor areas where air circulation may be impeded by architectural, landscaping, or other barriers such as amphitheaters and swimming pool areas. Any place where food and/or drink is offered for sale. Children's playground areas. FISCAL IMPACT: None· ORDINANCE NO. AN ORDINANCE OF ~ CITY COUNCIL OF TB'F. CITY OF TEMECIJI-A AMENDING ORDINANCE 91-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS WH'F. REAS, The City Council of the City of Temecula has authority over the public parks and recreational facilities within the jurisdiction of the City of Temecula; and WI:rF~REAS, The Community Services Commission of the City of Temecula has recommended that the City Council adopt regulations which would provide limitations for smoking in outdoor City Parks and Recreational Facilities; and W]:IV. REAS, The City Council of the City of Temecula finds the smoking of tobacco and any other weed or plant is a positive danger of health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces or in close proximity to the source of said smoke, and in order to serve public health, safety and welfare, the declared purpose of this ordinance is to protect nonsmokers to the maximum extent possible, particularly chil.dren, from secondhand smoke in all places stated and required in this ordinance. NOW TI:rF. REFORE, THE CITY COUNCIL OF TFW. CITY OF TEM2ECULA DOES w!~.REBY ORDAIN AS FOLLOWS: Section 1. General Policy: is hereby mended to add the following subsections: Q. Smoking Policy: It is the intent of this policy to protect the health and welfare of the citizens of Temecula who utiliT-e city parks, trails, and recreation facilities from the negative affects. of secondary smoke. Therefore, individuals who choose to smoke in outdoor park areas shall maintain at all times a twenty (20) foot distance from all non smokers. Further, smoking shall be prohibited within twenty (20) feet of the following outdoor park areas: Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants, and fairs where people congregate. 2. Seating in dugouts and bleacher areas. 3. Within enclosed outdoor areas where air circulation may be impeded by architectural, landscaping, or other barriers such as amphitheaters and swimming pool areas. 4. Any place whore food and/or drink is offered for sale. 5. Children's playground areas. Section 2. Penalties: Viohtion of any provision or failure to comply with any requirement of this ordinance is an infraction. ORDINANCE NO. 91-37 AN ORDINANCE OF TB~ CITY COUNCIL OF. THe. CITY OF TElVIF_EI..KA ADOYI3NG PARK AND R.ECI~v.&TIONAL FACrr.vfY OPERATIONAL POLICIKS AND REGIKATIONS WIq'F.R~,4,S, The City Council of the City of Temecula has authority Over the public parks'and recreational facilities within the jurisdiction boundaries of the City of Temecula; and WHEREAS, The Board of Directors may adopt regulations binding upon all persons governing the use of City parks and recreational facilities and property, and may deem a violation of any such'regulation.and misdemeanor. THE CITY COUNCIL OF THE CITY OF TE~'vEECULA DOES HEREBY ORDAIN AS FOLLOW: SECTION 1. General Policy: A. Equal Opportunity: Any and all individuals shall be provided equal opportunity for use of any recreational facility and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex. B. Reserved Use: Reserved use (defined as exclusive, permitted use for one or more' occasions) of community, neighborhood and other recreational facilities shall require obtaining a "Use Permit" in a form established by the City of Temecula Community Services District (TCSD). The TCSD may establish use fees by Resolution. C. Community Park (Unreserved) Use: Use of all community park facilities (defined as a site that serves the City's residential areas) will bc based on first come first serve. basis. No "Use Permit" is required for this purpose. If a user group wishes.to reserve the use of a community park facility, a "Use Permit' shall be required, with all applicable fees, rules, regulations, tens and conditions enforced. D. Multiple FaciliW Reservations: If more than one recreational facility is reserved (e.g. two sports fields), applicable fees and deposits shall be charged for each facility reserved. E.- Sponsored Uses: Any use of recreational facilities scheduled for TCSD sponsored or co-sponsored uses shall be deemed a use for TCSD purposes, and shall be exempt from fees, deposits and penit requirements listed herein. Such determination shall be made by the Director of Community Services. 51Ordsglo37 -1- F. User Groups: User groups are established and defined as follows to categorize groups using certain recreational facilities. User groups designations form the basis for variable fee schedules for certain recreational facilities as provided elsewhere herein. Group 1 - TCSD-sponsored or co-sponsored leisure and recreational activities. Group H - Youth groups conducting non-profit youth oriented sports activities, and non-profit athletic/civic org~iT:~tions conducting community oriented leisure or sports activities. Group III - Base standard rate for community users on a non- profit basis. Group IV - Profit making, commercial businesses' or non-resident organizations conducling activities that are for profit and are either open or closed to the public. G. Recurring Use: Recurring use is generally defined as uses of recreational facilities on a regularly scheduled basis for more than one occasion (i.e. leagues, etc.) H. Nonrecurring Use: Nonrecurring use is generally defined as uses of recreational facilities on a one time only or special event basis (i.e., annual'picnic, paxties or company sponsored events). A fee and permit is .required only when reserved use by an organization is requested. I. Exemption: Due to special or unusual circumstances, the Parks and Recreation Commission may exempt user groups II, III and IV from fees for the use of recreational facilities. It is the responsibility of the specific user group to formally request exemption from the Parks and Recreation Commission. The request should stipulate the special or unusual circumstances that necessitate exemption. I. Scheduling Priorities: Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over II, Group II over III, etc. In the event of conflict, the Director of Community Services CDixector') ieserves the right to schedule any group. Scheduling of reserved uses will be carried out by the Director or his/her designee in a fair and equitable manner, to serve the lei-~ure and recreation needs of the citizens of the Temecula Community Services District. K. Sports Field and Facility: It is recognized that recreational facilities and sports fields vary in type and location. However, fee schedules shall generally apply equally to all sports fields and facilities depending on the level of service required for an individual facility. L. Fee Payment: The fees applicable to the use of facilities are due and payable at the City of Temecula offices 72 hours prior to the use of that facility. Charges assessed for damages and grounds deanup shall include only City's actual cost and are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, 510~ds91-37 4- 0 refunds are p~rmitted if sufficient notice is given to the City upon cancellation with five (5) working. days notice for nonrecun'ing groups. M. Sales and Uses: Authorized user groups, as described herein, which desire to use facilities for fund-raising'purposes shall be allowed to do so subject to policies and fees contained herein.' Food concessionaires and other uses which are determined by the TCSD to be solely a commercial undertaking, 'and without educational, recreational or cultural benefit to the community, shall be selected pursuant to City public bidding procedures. N. Inclement Weather: Inclex~ent weather is generally defined as weather' which, in the judgemerit of the Director, has left recreational facilities in a condition which, if the facflities are used, presents a risk of damage to facilities or injury to users. The Director shall have the authority to deny use of all or any portion of a facility to a user based on inclement weather. The Director reserves the exclusive right to determine that a use of TCSD facilities is precluded by inclement weather, and no refund of fees shall be made on grounds of bad weather or field condition unless the Director makes such determination. O. Denial of Facility Use: The TCSD shall have the authority based on cause to deny use of all or any portion of a facility to any group or individual who has abused the privilege of facility use as 'included in but not limited to these general policies and general rules governing the use of community and neighborhood park. P.. Liability Insurance: All user ~oups conducting reserved sporting or special event activities, that will attract-fifty (50) or more patrons (i.e. tournaments, clinics, fairs, festivals concerts, performances, camps, etc.) will be reztuired to provide the Director with a certificate of insurance in the amount of one million dollars ($1,000,000.00) naming the City of Temecula and the TCSD as additionally insured. SECTION 2. Parks & Recreation Facilities Regulations: Def'mitions: The following words shall have the meaning indicated when Used in these regulations: A. "Park" means any community park, neighborhood park, or any other recreational facility maintained by the City of Temecula. B.- "Board" means the Board of Dhrectors of the Temecula Community Services District, or any other penon authorized by the Board, pursuant to law, to act in its stud. of Temecula. "Commission" means the Parks and Recreation Commission for the City 5lOrds91 -:37 D. "Amplified' sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. E. "Knife or dagger" means any knife, or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor blade fitted to a handle. -' F. "Vehicle' means any device by which any person or property may bc propelled, moved, or drawn, excepting a device moved by human power. G. "Vehicular travel' means travel by. a vehicle. SECTION 3. Duty to Comply: No person shall enter, be, or remain in any park unless he complies at all times with'all of the City ordinances and regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations. SECTION 4. Rules and Regulations Applicable in City Parks: The following rules and regulations apply in all City parks unless expressly stated otherwise elsewhere in these regulations. SECTION 5. Operation of Vehicles: A. Roads for Public Use: The provisions of the California. Vehicle Code are applicable in the City parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of said Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof. B. Surfaces Other than Roads for Public Use: Skateboards: No person shall drive or otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the Commission, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall ride or operate a skateboard in any park, except in designated SECTION 6. Solicitation Prohibited: No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any City park, or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any City park. This section shall not apply to any person acting pursuant to a contract with the City of Temecula or the Temecula Community Services District, or under a permit granted by the Commission. SECTION-7. Prohibition of Animals in Park: No person shall cause, permit, or allow any animal owned or possessed by him, or any animal in his care, custody, or control to be present in any City park except: 510~is91-37 (A) Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided for such purposes. (B) Equine or other' animals which are hitched or fastened at a place expressly designated for such purpose. '(C) Dogs or cats when led by a cord or chain not more than six (6) feet long, or when 'confined within the interior of a vehicle. (D) Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements. , CE) Small pets which are kept on the person of the possessor at all times. (F) In connection with activities authorized in writing by the Commission. (G) Fowls or animals turned loose at the direction of the Commission. SECTION 8. Duty to Care for Animals: It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up; and remove all fecal matter left behind by said animal in or upon any park; provided, however, that this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths. SECTION 9. Amplified Sound in Parks: (A) Purpose: The City Coilncil enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitutional rights of flee speech and assembly, the City Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the corre.la~ve constitutional fights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound. (B) Permit Required for Amplifiers: It shall be unlawful for any person to install, use, and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instruction, directions, talks, addresses, or lectures, or of transmitting .music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the foliowing provisions: 1. By authorized law enforcement or .park and recreation personnel or 2. Under a reservati{in or permit issued by the Director, and when operated in accordance with terms of said reservation or permit. 5lOrds91-37 (C) Granting and Denial of Permit: In determining whether to grant or deny a permit, the Director shall be guided by the following considerations: 1. The constitutional free speech and assembly fights of all persons, including the applicant; persons in the park; The possible effects upon the peaceable passage or presence of The potential for disorder or unlawful injury to persons or property; 4. The potential invasion of others persons' rights of privacy; 5. The' possible unlawful breach or disturbance of the peace; and 6. Any actual conflict with other scheduled park uses or events. The Director shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed t~Jks, addresses, lectures, or musical presentations. The Director may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct. CD) Power Source for Amplifiers: Amplifiers permitted in parks shall be operated only through a power source provided by the City, a battery, or a generator. SECTION i0. Prohibition of Firearms. Fireworks. and Toy Weapons: No person shall carry or discharge firearms, lurecrackers, rockets, torpedoes, or other types of explosives, or carry or discharge any gun, or pistol, or any sling shot or similar device, or any bows and arrows, or any other object capable of propelling a projectile, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park, or bring into any park any of the above objects or articles. Fireworks may be permitted for special events only with formal approval from the Parks and Recreation Commission and the Fire Department. SECTION 11. Prohibition of Dangerous Weapons: The pro~,isions of the California Dangerous Weapons' Control Law are applicable in City parks and shall be enforced and prosecuted in accordance with the provisions thereof. No person shall carry on his person, in plain view, any knife with a blade in access of 3 inches. Dagger are strictly prohibited. SECTION 11. Exceptions to Applicability.: The provisions of Section 10 shall not be deemed to prohibit the canying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation. SECTION 13. Damaging Property_: No person shall cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other 5 lords9 1-3 7 '~' structure, apparatu's, or property, or pluck, pull up, cut, take, or remove any shrub, bush, plant, or flower, or mark or write upon, paint, or deface in any.manner any building, monument, fence, bench, or other structure. SECTION 14. Damaging Land: No person shall cut, dig,, or remove any wood, tuff, grass, soil, rock, sand, gravel, or fertlJi~er, except park maintenance personnel. SECTION 15. Golf: No person shall play or practice the game of golf, i~tcluding chipping, putting, driving or any other type of play or practice which includes the hitting of golf or similar type ball with a golf or similar type club. SECTION 16. Wafer: No person shall swim, fish in, 'bathe, wade .in, release pet animals in, or .pollute the water of any fountain, pond, lake, stream, or reservoir except by permission of the Commission. SECTION 17. Fires and Fireplaces: No person shall kindlea fire except in fireplaces provided for that purpose or in barbecues approved by the Commission, except by permission of the Director. SECTION 18. Waste Liquids and Refuse: No person shall wash dishes, or empty salt water or other waste liquids, or leave garbage, cans, bottles, papers, Or other refuse anywhere other than in the receptacles provided therefor. SECTION 19. bitering at Night: No person shall be or remain in any City park between the hours of eleven (11:00) o'clock p.m. and six (6:00) o'clock a.m. of the following day without permission of the Director. The provisions of Section 9 (c) shall govern the granting or denial of such permission. SECTION 20. Meeting: No person shall hold any meeting, service, sporting event, concert, exercise, parade or exhibition in any public park without first obtaining a permit from the Director. The provisions of Section 9 (c) shall govern the issuance or denial of a permit under this Section. SECTION 21. Alcoholic Beverages: No person shall consume any .alcoholic beverage within any park, unless formally approve. z[ by the Parks and Recreation Commission. SECTION 22. Controlled Substances:' The provisions of the California Uniform Controlled Substances Act are applicable in district parks and shall be enforced and prosecuted in accordance with the provisions thereof. SECTION 23. City parks. Glass Containers: No person shall. possess any glass container in MOrals91-37 -7- SECTION 24. Flying Balloons or Planes: No person shall use any City park as a primary launch site for hot air balloons unless formally approved by the Park and Recreation Commission. Motorized airplanes, and gliders are prohibited on City park site. SECTION 25. The City Clerk shall certify to the adoption of thi-~ Ordinance and cause the same to. be posted in the manner prescribed by law. PASSED, A.PPROVED AND ADOPT~n this 8th day of October, 1991. ATTEST: City Clerk [SEAL] Ronald :I. '/~f~), Mayor STATE OF CALIFORNIA) COLTNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance 91-37 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of September, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day of October, 1991, by the following roll call vote. AYES: 4 COUNCILMEMBERS: Moore, Lindemans, Munoz, Birdsall NOES: 0 COUNCILMEMBERS: None- ABSENT: 1 COUNCILMEI~-BERS: Parks (~une S. Greek, City Clerk 5lOrds9 !-37 DEPARTMENTAL REPORTS TO: FROM: DATE: SUBJECT: APPROVAL: CITY ATTORNEY' CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official-"l'l'l'l'l'l'l'~- July 27, 1993 Building and Safety June, 1993, Activity Report RECOMMENDATION: Receive and file. DISCUSSION: The following is a summary of activity for June, 1993. Building Permits Issued ...................................... 116 Building Valuation . .' ............. ' .................... $10,808,362 Revenue Collected .................................... $130,946 Housing Starts ............................................. 95 New Commercial Starts ............. .............. I = 1,320 Sq. Ft. Commercial Additions/Alterations ................... 12 = 62,284 Sq. Ft. V:~WP~AGENDA.REP~June'93.Rpt Agenda Repo~ June 27, 1993 Page 2 The following is an update of projects of special note that staff is currently involved with and/or recently completed. New Construction Rancho CaliforniaWater District Headquarters Coco's Midnight Roundup Percent Comoleted 95% 100% 50% V:~W~AGENDA.REP%June'93.RPt ~' APPROVAL CITY ATTORNEY FINANCE OFFICER ~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Director of Planning ./~' July 19, 1993 Monthly Report RECOMMENDATION: Receive and File Discussion: The following is a summary of the Planning Department's caseload and project activity for the month of June 1993: Caseload Activity: The department received applications for 21 administrative cases and 4 public hearing cases for the month of June. The following is a breakdown of case type for public hearing items: Minor Public Use Permit 1 Plot Plan 1 Revised Permits with Hearing 2 Ongoing Projects: General Plan: To date the Council has reached a consensus on all the elements but housing. That element as well as the Environmental Impact Report and Mitigation Monitoring Program will be discussed at the August 17th City Council meeting. Old Town Soecific Plan: The Planning Commission recommended approval of the Specific Plan at its June 7th meeting. The Plan will be scheduled for City Council review upon completion of the General Plan. French Valley Airoort: The County has received a grant from the Federal Aviation Administration, to prepare the Airl~ort Facility Master Plan for French Valley Airport. The comprehensive Land Use Plan and Master Plan will be developed concurrently. The City has just received Phase I of the Airport Master Plan. Staff is currently reviewing the document and will be providing comments on the draft. R:~S~MONTHLY.RPT~1983UUNE.93 7119/83 Idb WaI-Mart: The Wal-mart Plot Plan, Change of Zone and Tentative Map were approved by the Planning Commission on June 21, 1993. The City Council approved the application at their July 13, 1993 meeting. Temecula Reaional Center Specific Plan and Environmental Impact Reoort: This Specific Plan was presented at a Planning Commission Workshop on May 4, 1992. The Commissioners gave direction to the applicant and staff. This Specific Plan went to a DRC meeting January 5, 1993. Staff is awaiting submittal of additional information. Environmental Impact Report 340 prepared for the Temecula Regional Center was approved by the Planning Commission on June 21, 1993 and certified by the-City Council on July 13, 1993. Winchester Hills and CamDos Verdes Specific Plans and Environmental Impact Reoorts: These Specific Plans were discussed at a Planning Commission Workshop on May 4, 1992. The Commissioners gave direction to the applicant and staff. The Notice of Completion for the Campoe Verdes EIR went to State Clearinghouse July 10, 1992. Both of these Specific Plans went to the DRC meetings on January 5, 1993. Staff is awaiting submittal of additional information. Murdv Ranch Specific Plan and Environmental Impact Reoort: This Specific Plan was presented to the Planning Commission at a Workshop on April 6, 1992. The Commission provided Staff and the applicant direction relative to design issues. The applicant has incorporated these changes into the Specific Plan. This Specific Plan will be scheduled for a Planning Commission meeting upon completion of the Development Agreement and the Congestion Management Plan. Johnson Ranch Specific Plan: Staff has met with the applicant and a revised Specific Plan will be submitted. At their June 7, 1993 meeting, the Planning Commission recommended appointed of two Commissioners to sit on a sub- committee to assist in the development of the Specific Plan. Attachment: 1. Count & Valuation Summary by Type - page 3 R:%S%MONTHLY.RPT%.1993UUNE.93 7119/93 kJb 2 A'!'i'ACHMENT NO. 1 COUNT & VALUATION SUMMARY BY TYPE R:%S%MONTHLY.IFT'%1893%JUNE.93 7/19/93 kJb 3 A/P/D Type A PLANNING CASE REPT155 COUNT & VALUATION StlIIARY BY TYPE PAGE 1 07/19/93 16:23 SubtotaL: Cnstr Type JUNE 1993 Date Range 1 06/01/93 Thru 06/30/93 Date Type: 1 ~ (SeLect):PLAN Comtruction type Count Sq Feet VaLuation Fees Paid CONDITIONAL USE PERMIT EXTENSION OF TIME-PAR lIP HlllCl/NAJOIt EVENT/PROFIT NllIOlt PUBLIC USE PERMIT PLOT PLAN SUBJ TO CEQA PLOT PLAN ADMINISTRATIVE REVISED PERMIT W/HEARING SETBACK ADJUSTMENT 1 O .00 .00 3 O .00 1,208,0Q 3 O .OO 591,00 I O .OO 8~9.00 I O .00 3,486.8Q 12 0 .00 2,280.00 2 0 .00 2,419.30 2 O .00 540.00 25 0 .00 11,374.10 TOTAL ** 25 0 .00 11,374.10 ** APPROVAl CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer July 27, 1993 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Report for June, 1993. pwOS~egdrpt%93%O727~oklrpt.07 Z m ._1 _1 e ~ ~ q' o COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT TUESDAY, JUNE 22, 1993 A regular meeting of the Temecula Community Services District was called to order on Tuesday, June 22, 1993, 8:40 P.M. at the Temecula Community Center, 28816 Pujol Street, Temecula, California, President Patricia H. Birdsall presiding. PRESENT: 5 DIRECTORS: Mufioz, Parks, Roberts, Stone, Birdsall ABSENT: 0 DIRECTORS: None Also present were City Manager David F. Dixon, Assistant City Manager Harwood Edvalson, City Attorney F. Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. CONSENT CALENDAR It was moved by Director Mur~oz, seconded by Director Stone to approve Consent Calendar Item No. 1. Acceptance of Grant Deed for John Maaee Park - the Preslev Comoanies RECOMMENDATION: 1.1 Accept a grant deed from The Presley Companies for John Magee Park, a one acre neighborhood park within Tract No. 23267-4. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 DIRECTORS: Muf~oz, Parks, Roberts, Stone, Birdsall DIRECTORS: None DIRECTORS: None DISTRICT BUSINESS 2. Adoorion of 1993-94 Annual Ooerating Budcjet Mary Jane McLarney presented the staff report. Community Services Director Shawn Nelson outlined the proposed budget. CSDMINO6122193 -1 - 711/83 COMMUNITY SERVICES DISTRICT MINUTES JUNE 92.1993 Councilmember Parks stated that he would not vote for increasing Service Level "A" fees at this time. Director Birdsall set aside Item No. 2 and went forward with Item No. 3, TCSD Rates and Charges for FY 1993-94 end Establish e New Benefit Zone entitled Service Level "R". PUBLIC HEARING 3. TCSD Rates and Charaes for FY 1993-94: and Establish a New Benefit Zone Entitled Service Level R City Clerk June S. Greek advised that seventeen letters of protest, five appeals and eight letters of support, were received as follows: - Six (6) in protest of excessive rates and charges Seven (7) in protest against the establishment of adding Service Level "R" One (1) in protest of Service Level "A" Three (3) in protest of Service Level "D" Five (5) Formal Pre-Hearing appeals have been filed. Eight (8) letters of support City Clerk June S. Greek advised that copies of all letters and appeals are available for review and originals are on file in the City Clerk's Office. It was moved by Director Roberts, seconded by Director Parks to waive further reading of the letters and appeals and to receive and file the report. The motion was unanimously carried. Community Services Director Shawn Nelson outlined the schedule of TCSD Rates and Charges. : President Birdsall opened the public hearing at 9:20 P.M. John Dedovich, 39450 Long Ridge Drive, Temecula, stated that he feels when issues are sent out to press, staff should ensure that the information is understandable to the general public. The following individuals expressed their support of the TCSD Rates and Charges for FY1993-94: -2- 711/93 CSDMINO6/22/93 COMMUNITY SERVICES DISTRICT MINUTES JUNE 22, 1993 Leigh Engdahl, 27450 Ynez Road, Temecula, representing the Temecula Valley Chamber of Commerce. David Stovall, 31093 Lahontan, Temecule. John Hunneman, 28765 Jefferson Avenue, Suite 104A, Temecula. Bob Crowther, 41536 Yankee Run, Temecula. Thomas Langley, 32180 Calle Resaca, Temecula. Director Parks stated that he is Opposed to an increase in Service Level "A" without allowing the public to vote on it. Director Stone stated that he also was concerned with the increase in Service Level Director Mur~oz stated he is supportive of the rates and charges however, he feels the City should be able to subsidize the increases that are proposed. It was moved by Director Parks, seconded by President Birdsall to approve the rates as presented, deleting the reference to Street Stenciling and Graffiti Removal Program from Service Level "A" and recommend that the program be funded using City General Funds and approve staff recommendation as follows: 3.2 Adopt a resolution entitled: RESOLUTION NO. CSD 93-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR COMMUNITY SERVICES, PARKS AND RECREATION, STREET LIGHTING, SLOPE MAINTENANCE, AND RECYCLING AND REFUSE COLLECTION SERVICES FOR FISCAL YEAR 1993-1994 The motion carried by the following vote: 4 DIRECTORS: Parks, Robert~, Stone, Birdsall AYES: NOES: ABSENT: I DIRECTORS: Mur~oz 0 DIRECTORS: None It was moved by Director Parks, seconded by Director Mur~oz to approve staff recommendation as follows: CSDMINO6122/93 -3- 711 COMMUNITY SERVICES DISTRICT MINUTES 3.3 JUNE ~,1993 Adopt a resolution entitled: RESOLUTION NO. CSD 93-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ESTABLISHING A BENEFIT 'ZONE ENTITLED SERVICE LEVEL R WITHIN ITS BOUNDARIES The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 DIRECTORS: Mufioz, Parks, Roberrs, Stone, Birdsall DIRECTORS: None DIRECTORS: None Adootion of 1993-94 Annual Ooeratino Budaet - continued It was moved by Director Roberrs, seconded by Director Parks to approve staff recommendation with modification in Service Level A to maintain the rate for FY 1993- 94 at ~4.18 and 2.2 Adopt a resolution entitled: RESOLUTION NO. CSD 93-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE ANNUAL OPERATING .BUDGET FOR FISCAL YEAR 1993-94 FOR THE TEMECULA COMMUNITY SERVICES DISTRICT AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS AND PERSONNEL POSITIONS The motion was carried by the following vote: AYES: 5 DIRECTORS: Muf~oz, Parks, Roberrs, Stone, Birdsall NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None CSDMIN06122/93 -4- 711 COMMUNITY SERVICES DISTRICT MINUTES DEPARTMENTAL REPORT None JUNE 22. 1993 GENERAL MANAGER'S REPORT None DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Nelson advised the Board of Directors of the following: The Temecula Senior Center has been selected by the Office of Aging to participate in a 100% funded senior nutrition program. The Loma Linda Park dedication ceremony is scheduled for Thursday, July 8, 1993, 5:00 P.M. July 4th Festivities include the following: Parade through the streets of Old Town Country Fair sponsored by the Temecula Town Association Softball Tournament at the Sports Park Jazz Band entertainment at the Sports Park Fireworks display at the Sports Park BOARD OF DIRECTORS REPORTS Director Mu~oz asked for approval to extend a formal invitation to the residents of the City of Murrieta to join the City of Temecula in their July 4th festivities. ADJOURNMENT It was moved by Director Roberts, seconded by Director Stone to adjourn at 9:50 P.M. The next regular meeting of the Community Services District will be held on Tuesday, July 13, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. President Patricia H. Birdsall City Clerk June S. Greek CSDMIN06/22193 -6- 711/93 DEPARTMENT REPORT CITY ~TTORNEY FINI~NCE OFFICER CITY CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: JULY 27, 1993 SUBJECT: DEPARTMENTAL REPORT PREPARED BY: ~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR The City has completed the plan check process regarding Pala Community Park. It is expected that this project will be out for public bid in August, 1993. The Parks and Recreation Master Plan was reviewed and approved by the Community Services and Planning Commissions. The Master Plan will be forwarded for consideration by the City Council after the General Plan has been adopted. Improvements to Loma Linda Park are completed, and the park is now on 90 day maintenance. The park was dedicated to the City on July 8, 1993.- Also, our City Attorney is still in the process of trying to remove the liens that are on the seven (7) remaining lots on Loma Linda Park. If those liens can be removed, staff would move forward with the completion of those improvements. The Kent Hindergardt Memorial Park located in the Presley Development is progressing with the slope and turf areas now hydroseeded. The playground area has also been installed. This park is on 90 day maintenance and should be dedicated to the City by the end of summer. Also, this park is being constructed by the developer to meet the Quimby requirements for their subdivision project. The Paloma Del Sol Park is moving forward as the irrigation system and rough plumbing to the restroom/snack bar facility has been completed. This park will consist of two lighted ballfields with soccer overlays, restroom/snack bar facility, and parking improvements. This park is expected to be dedicated to the City in October, 1993. The Senior Center is currently under construction and is expected to be completed by August, 1993. Also, staff was informed by the County of Riverside, Office on Aging Department that the City's Senior Center has been selected as an approved site for a daily Nutrition For Seniors Program. This program is totally funded by the Office on Aging other than the City has to provide a facility for the program. All costs of staffing, food preparation, and administration will be borne by the Office on Aging. Phase II of the Community Recreation Center (CRC) Project is moving forward with the roofs and ceilings for the gymnasium and multi-purpose room nearly completed. Staff is now working with the CRC Foundation to determine equipment and furniture needs for the CRC. It is anticipated that the CRC will be completed in December, 1993. The development of a skateboarding area in the Rancho California Sports Park was approved in the five (5) year Capital Improvement Program under the Sports Park Parking Lot Project. Staff will pursue selecting a landscape architect and forming a project committee comprised of skateboarders and Teen Council members to develop a design for the skateboarding area. The bid opening for the Riverton Park Project occurred on July 8, 1993. Staff is now in the process of verifying the bids. The award of contract for this project is scheduled for consideration by the Board of Directors on August 1 O, 1993. REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY TUESDAY, JUNE 22, 1993 A regular meeting of the City of Temecula Redevelopment Agency was called to order on Tuesday, June 22, 1993, 9:50 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California, Chairperson Ronald J. Parks presiding· PRESENT: 5 AGENCY MEMBERS: Birdsall, Roberts, Stone, ; Mu~oz, Parks ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Harwood Edvalson, City Attorney F. Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. PUBLIC COMMENT None AGENCY BUSINESS AdOPtion of 1993-94 Annual Ooeratina Budget City Manager David Dixon presented the staff report. It was moved by Agency Member Birdsall, seconded by Agency Member Stone to approve staff recommendation as follows: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 93-03 A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY ADOPTING THE OPERATING BUDGET FOR THE FISCAL YEAR 1993-94 FOR THE TEMECULA REDEVELOPMENT AGENCY AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS The motion carried by the following vote: AYES: 5 AGENCY MEMBERS: NOES: 0 Birdsall, Roberts, Stone, Mu~oz, Parks AGENCY MEMBERS: None RDAMIN06122/93 -1 - 07/01193 REDEVELOPMENT AGENCY'MINUTES ABSENT: 0 AGENCY MEMBERS: None JUNE 22, 1993 Aooroval of Offer - Rancho West Aoartrnents Assistant City Manager Harwood Edvalson presented the staff report. It was moved by Agency Member Stone, seconded by Agency Member Birdsall to approve staff recommendation, amending Section 2 of the. Resolution to read, "....authorizing the Executive Director to make an offer on behalf of the Agency to purchase the Rancho West Apartments, as recommend by the City Attorney as follows: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 93-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR TO MAKE AN OFFER ON BEHALF OF THE AGENCY TO PURCHASE THE RANCHO WEST APARTMENT COMPLEX 2.2 Authorize the Executive Director to submit an offer; 2.3 Authorize the Executive Director and City Clerk to execute all necessary documents. The motion carried by the following vote: AYES: 5 AGENCY MEMBERS: Birdsall, Roberts, Stone, Mu~oz, Parks NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Develooment and Disoosition Aareement - WalMart Deoartment Store It was moved by Agency Member Mu~oz, seconded by Agency Member Birdsall to continue this matter to the meeting of July 13, 1993. The motion carried by the following vote: AYES: 5 AGENCY MEMBERS: Birdsall, Roberts, Stone, Mu~oz, Parks RDAMIN06/22/93 -2- 07/01193 JUNE 22. 1993 REDEVELOPMENT AGENCY MINUTES NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None EXECUTIVE DIRECTOR'S REPORT None AGENCY MEMBER'S REPORTS None ADJOURNMENT It was moved by Agency Member Stone, seconded by Agency Member Mur~oz to adjourn at 9:55 P.M. The motion was unanimously carried. The next regular meeting of the City of Temecula Redevelopment Agency will be held on Tuesday, July 13, 1993, 8:00 PM, at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Chairperson Ronald J. Parks City Clerk June S. Greek RDAMIN06/22193 -3- 07101193