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HomeMy WebLinkAbout111092 CC AgendaTEMECULA COMMUNITY CENTER - 28816 PUJOL STREET NOVEMBER 10, 1992 - 7:00 PM AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING EXECUTIVE SESSION: 6:30 - Closed Session of the'CitY Council pursuant to Government Code Section 54956.9 (a), (b) and (c) to' discuss' potential litigation. 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 a future meeting. All meetings are scheduled to end at 10:00 PM Next in Order: Ordinance: No. 92-18 Resolution: No. 92-83 CALL TO ORDER: Mayor Patricia H. Birdsall presiding Invocation Dr. Stephen P. Struikmans, Rancho Community Church Flag Salute Councilmember Mu~oz ROLL CALL: Lindeman. s, Moore, Mu~oz, Parks, Birdsall PRESENTATIONS/ PROCLAMATIONS PUBLIC FORUM Certificate of. Appointment -'Parks and Recreation Commissioner Henry Miller Presentation of 1992 Innovative City of the Year Award This is a portion of the City Council meeting unique to the City of Temecula. At the meeting held on the second Tuesday of each month, the City Council will devote a period of time (not to exceed 30 minutes) for the purpose of providing the public with an opportunity to discuss topics of interest with the Council. The members of the City Council will respond to questions and may give direction to City staff. The Council is prohibited, by the provisions of the Brown Act, from taking any official action on any matter which is not on the agenda. If you desire to speak on any matter which is not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. 2/ageride/111092 1 11/04/92 For all other agenda items a "Request to Speak" form must be filed with the City Clerk I}efore the Council gets to that item. There is a five (5) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR Standard Ordinance Adoption Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 3 4 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 27, 1992. Resolution ADOrOvinQ List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 92-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Reo0rt as of September 30, 1992 RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of September 30, 1992. 2/aOenda/111092 2 11/04,t2 5 6 Balloon and Wine Festival Foundation Loan Re-Payment Terms RECOMMENDATION: 5.1 Approve the loan re-payment terms as proposed by the Temecula Valley Balloon and Wine Festival Board of Directors. Purchase of City Vehicles RECOMMENDATION: 6.1 Award the purchase of two vehicles to Schumacher Auto Sales. Department of Water Resources Urban Streams Restoration Grant for the Restoration of Murrieta Creek RECOMMENDATION: 7.1 Review and approve the proposed $75,000 budget and time line for the work associated with the Urban Streams Restoration Grant for the restoration of Murrieta Creek. 7.2 Appoint a member of the Council to serve on the Committee for Sound Development of Murrieta Creek as established through the Grant Work Program. 7.3 Approve an expenditure of $25,000 from the Public Works Drainage Facilities Maintenance Account No. 100-164-999-5401 to fund additional work in excess of the grant amount of $50,000. Contract Change Orders No. 12-23 (PW 91-04) I-15 Off-Ramp at Rancho California Road Siqnalization Project RECOMMENDATION: 8.1 Approve Contract Change Orders No. 12 through 23 as outlined in the staff report. 8.2 Advance $77,448.18 from the Development Impact Fund and appropriate $77,448.18 to Account No. 210-165-622-5804. 2./Igenda/111092 3 11/04/92 Award of Bid for the Acouisition of Street Name Sians and Traffic Signs RECOMMENDATION: 9.1 Award a bid to Central Cities Sign Service in the amount of $21,639.19 for new street name signs and traffic signs; 9.2 Accept the price proposal for re<placement signs and related hardware from Safeway Sign Co. until June 30, 1994; 9.3 Accept the price proposal for replacement signs and related hardware from Central Cities Sign Service until June 30, 1994. 10 11 Installation of Thirtv (30) "STOP" Signs RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL ESTABLISHING "STOP" SIGNS OF THE CITY OF TEMECULA Consideration of Award of Contract for the Construction Portion of the Senior Center RECOMMENDATION: 11.1 Approve an award of contract of $534,648 (bid amount plus 10% contingency) to Concise Construction Corporation for the building construction portion of Project No. CSD92-03, the Temecula Valley Senior Center. 11.2 Approve an award of contract of $348,031 (bid amount plus 10% contingency) to I.P.S. Services, Inc., for the grading and parking portion of Project No. CSD 92-03. 11.3 Approve an advance of $533,131 from the General Fund Capital Projects Fund for the Senior Center to be reimbursed with RDA bond proceeds. 11.4 Appropriate $470,188 from Unreserved Capital Projects Fund Balance to Account No. 210-199-801-5804. 2/egenda/111092 4 11K)4/12 12 Accept Storm Drain Improvements in Parcel MaD No. 22515 RECOMMENDATION: 12.1 Accept the storm drain improvements in Parcel Map No. 22515, and direct the City Clerk to so advise the developer, SECOND READING OF ORDINANCES 13 Second Reading of Public/Traffic Safety Ordinance RECOMMENDATION: 13.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 92-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 12.01 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION AND REPEALING CHAPTER 11.01 OF THE TEMECULA MUNICIPAL CODE 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. 14 Change of Zone No. 5724 and Tentative Tract MaD 25277 (Acacia Homes) RECOMMENDATION: 14.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY BY APPROVING THE CHANGE OF ZONE APPLICATION NO. 5724 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-1 (ONE FAMILY DWELLINGS) ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN 2/eOenda/111092 6 11/04/92 14.2 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5724 CHANGING THE ZONE FROM R-R TO R-1 ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN 14.3 14.4 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMILY LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF THE TEMECULA CREEK INN Adopt Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4. 15 Aooeal No. 27, Aoolicant's Aooeal of Plannine Commission Decision Denying Public Use Permit No. 5 - New Community Lutheran Church RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 27, UPHOLDING PLANNING COMMISSION'S DECISION TO DENY PUBLIC USE PERMIT NO. 5 TO ALLOW CONSTRUCTION OF A CHURCH · LOCATED ON THE SOUTHEAST CORNER OF YNEZ ROAD AND SANTIAGO ROAD 2/eOend.e/11 '1092 8 11/04/92 COUNCIL BUSINESS 16 Aooointment to the Public/Traffic Safety Commission RECOMMENDATION: 16.1 Appoint one member to serve a full three-year term on the Public/Traffic Safety Commission. 17 Aooroval of Temoorarv Outdoor Activity Permit for Old Town's Rod Run RECOMMENDATION: 17.1 Review the issues associated with Outdoor Activity Permit and provide direction to staff. 18 Discussion of Rent Stabilization Reouests bv Residents of HeritaQe Mobile Home Park (Placed on the agenda at the request of Councilmember Mu~oz) RECOMMENDATION: 18.1 This report will be forwarded under separate cover. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next meeting: November 18, 1992, Joint Council/Planning Commission Meeting, 6:30 PM, City Hall Conference Room, 43174 Business Park Drive, Temecula, California. Next regular meeting: November 24, 1992, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2/eeendm'l 11092 7 11/04/92 TEMECULA COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) Next in Order: Resolution No. 92-10 CALL TO ORDER: President Ronald J. Parks ROLL CALL: DIRECTORS: Birdsall, Lindemans, Moore, Mur~oz, Parks 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 27, 1992. GENERAL MANAGERS REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting November 27, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21egende/1110~2 I 11/04/92 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Resolution No. 92-08 CALL TO ORDER: ROLL CALL: Chairperson J. Sal Mur~oz presiding AGENCY MEMBERS: Birdsall, Lindemans, Moore, Parks, Mu~oz PUBLIC COMMENT: AGENCY BUSINESS I Minutes 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. RECOMMENDATION: 1.2 Approve the minutes of October 27, 1992. Aooroval of Fund Transfers in Accordance with the Caoital ImoroVement Proqram RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 92- ' A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH THE CONSTRUCTION OF A SENIOR CENTER AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY REGULATIONS (SECTION 1,103-18) 21eeenddl 11092 9 11/O4,12 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting: November 24, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2Jegende/111092 10 11,04,12 PRESENTATIONS :E:E:E:E:i:E: .... "-;-."-Z-Z-."-' .-.-. ;.: INLAND EMPIre- DMSION 1992 INNOVATIVE CIT~ OF THeE YEAR .INIAND EMPIRE DIVISION 1992 INNOVATIVE CITY OF THE YEAR RIVERSIDE COUNTY C1TIF, S THAT PARTICIPATED: · Calimesa · Cathedral City · Lake Elsinore · Moreno Valley · Norco · RiVerside · San Jacinto · Temecula INLAND EMPIRE DMSION 1992 INNOVATIVE CITY OF THE YEAR SAN BERNARDINO COUNTY CITIES THAT PARTICIPATED: · Fontana · Highland · Ontario · Redlands · Rialto ' ® Yucaipa FONTANA · APARTMENT COMMUNITIES ASS!STINC-- PROGRESS (ACAP)' Over Line past five years, the city has experienced an increase i:-. the number of multi-family dwellings. in addition, increase in disputes which kncreased ff,.e need for police intervention. A group of apartment managers, owners and a representative from fine police depar'Jr, ezt met to establish an open format in which to exchange ideas. They discussed fair a_".d :egal methods to eliminate ':bad" tenants, ways to select "good" tenar.,.s, tens_..-:.: ~:r.! la~ncilcrd fights. .-:.CAP is a non-profit organization and a joint efforl be~veen property mannagets :','. .'ne.'-s which cons~tu:e the membership. The basic goals cf ACAP are to 'raprove .... -~---,~ cf ii;~ng fcr tenants t-_rough mutual management teci-.rjques and fcrmar, age:3 -:--.d :.;; .'r. ers :o lake a mere ac~ve role in the community. --'-,U.z? F. rc;'ides pre-q'.'-alh%ing for prospective tenants, improves managers' ability to rent :o deslrahle tenants and allows the police depaxu:~enl: to direct more of its se~'ice toward ::iner cc.'r, rnurury proble,'ns. HIGIq't,AN'D 'WORK' PROGRAM' The Work Program prioritizes the commurdty's needs fcr easier management. 'A list cf ;reposed issues is fo:'rnula:ed annually; based on concerns that have arisen in the cou.."se cf do:rig business. item.s raised by Council. inquiries from commissions/committees. sug;est:ons by the pubhc and ca."ry-forward issues from the previous year. c.5:i"f re~:cws the ~ssues and ass:gn.s the level of '---r. pc=ance for each cbjective at.'~ cs'..ma:cd hours to accomph.sh each ob}ecuvc.. Each CouncLlmernber gives the proposc~ ..':. :-'.'s a rat. lOng of A-l~,1ost Lrnpcr. ar.',. B-Impc.'~ant. or C-Pnomry. The Work Program :s ~:c~c:::cd m February to Counc;J fcr their final renew. A rr,.id-ycar sxatus report is prcsen:ed to Council ;.n July. This report lists all the objectives L:v ;.:::-_:::..,. w::h a hncf .-.a:':.a'.:ve cn :he F-.rcgrc,.s c!' each i:c:n. The Work Prcgram hc:F--s :cZ::ce :::.2 ~rob!c:n cf a sma]l s:&ff go:rig m many d:~crcnt directions at one t:me ar.-Z F: o'.':dcs a focused agcnda to sc'.vc the conu'nuruty's most pressing issues. SAN JACm'TO --"._--: ..? -., "CITY PRrDE PROGRAM" The City Pride Prcgram was developed in March, 1~c~2. The .cc:2 was to develop .neighborhood identity and pride, L-jr/ate and implement citywide clean-up and develop a personal relar/cns.!-:p- v~izh ou.r ci~ens, One fi.rst step in the !::togram was to iden~i~ 13 dis~,nct areas or "neighborhoods". '::~ given a name s_-.d logo that reflected their unique character:,-,tics. :':.eczln~r~ v'ere h-~id v,,ith city staff f~-c~itaf_ng to idenrL. Sr the i~sues cf each :::i.-Tii?.:rhcsi The ci~ snressed the Fzr, nem,h.ip theme a_nd urged neighkern to ::.:it :ug_zeszlcns, .zroblerns and concerF..s. A r,reighborhood ho'dL'~s v-as establisko: .':::-- :sve a.nd simp!i~,' co.'nm,unicarjon w'ith :he city. --'-:..': 1-12 ','.'-.-'~ r:~¢;--a'e'~ """;"" Pride ' ;veek. Events :o celebrate tjris theme ~clud.zd . r.::2.:. 2z-L.-=_Fie ~-'.d E. li7, n peeler ccntest s.Donsored by the school district, Stash ycur ..... · .'.'~:-:':e rr..-L-.--ger.:e::I encouraged resiF/ents to clean up their yards, . :.: l~:~!'ii~h:. cf'.ine ,,=e~. was a Ci,"y Pride Fcrum for all the neighborhoods to share their 7-::1o :n ine elF/and suggestions fcr m~,=king the city better. The citizens have been very :~ :- z.-..v.:- :f :he C:F/PFide Prcgr-7_-.~ and wa~'s cf improving how the city looks. CENTER TEMECULA 'TEEN CENTER" The City Council directed staff to locate an interim teen faci]ity while a community recreation center w~s being it::.::. so t:".o youth wcu!d have a location :o meet on a daily basis. A survey was ..-- - :o ticlorraine what Wpes cf p:ogrants and activities teenagers wou2~] .:.:".: :2:c ='::.'-vcy ;:rccc~ a Tccn Cz~::~c:I ~:'a.~ z::j:~.'--'ed consLs',ing of students from each :' ::...~.c s:~:cc::, :.:::j k:~;h sc!:::.:.,. T!:c '2',.,..,:~ Cou:~c:] determined that most tee:-..s · .'...:,i :::: Dc~,:z:patc ~:~ :~:c Tccn Cc:::cr ',f :: ~','crc held at the high school. They felt :t .'. .: ! i: ::'.::e c.:::ac:::'c to :cc::~ :f :i:c Cc:::~: ~'.'c:c at a rcta~l center. 'l'~:c r,_j;:::~ cf :he sun*cy showcd ~:e tcc~Ls v,'a:~:ed a place of their own where they coLrid ::.:c :: :o r,;:::~:c. dance, pla~,' peel. crga::Zc talent shows, participate in sporting events and T - '.:.': :-.::. A dj::z,:.z:: ;..-.~:; :: ~ .-..~ :! :~ ;.:.::~!::,~e cc,~::V.:t~ent which inc!udcd : -: . . ;..:~: ;'.-z.L; :.~i.:c~. fc.:, '.'.:,-'2...: ~.~:::k~.-:'. b:~.rco ccmponcnts. televisions, tables c~:.,.:.,. C,~,',.:r 2/..0 k:cls ha~e jc:s;cd :!~c tccn F_.:,::jzarn' and the Teen Center is one cf the c:ry',~ most successful programs. NORCO · JOINT AGENCY' PURCHASE-CIVIC CENTER' When a large build/ng, constructed by a private E.'-m :o pm~de services to the U. S. Navy, became available the city decided to and acquire the building by forming a joint ar. enc. .... .:'~'."'. The district. The city had outgrown the~ Cin:- Hail f-c. zili:ies --.-.,d school district was using space at a school m an a,djacen: The Redevelopment Agency negotiated with the building owners for a pm-ch~e .'z~.ce could be realistically met by the joint agency. The entire 16.48 acre site wa.s p~ch~ed and the exlsting 85,000 sq. ft. building was tO be utilized as a new Civi Ha1! ad.'r.i-istrat/ve c:fices for the school district. Through creative fi_n=-,'zc'L-._: fins .:',l-s?.as:e =nee for file city was $1,034,000 of the $6 million ac.c3aisitjcn. T!:e z"-rzh~e cf :his building proved to be profitable for the entire ccrrzr, u_-:: ,-. The ': :r::'.er C::'.' H-:ii si:e :;4!1 be occupied by the Public Library which is currently ?.cu. sed .. ::::r.:. frzr.:. h addition the City Historian will have sicrage space as well -::::: fzr :_': :.:a c :s ;"z~ i".~storicrd documents. Part of the land pu. rchased v.,;.il be used by ::'.:. _z:-.z:L Z:S:-':z: :~ expand school services and a new senior ho,~ng ccr,~iex and · _:..st z::::,:. 71:e czst :o the community has been minimal a~nd yet the ClFi iS able ]:::'.:~e :.'-.-_- :-.:.:host qu~:ty service through this innovative partnership. RIVERSIDE · MAYOR'S UNIVERSITY AVENUE TASK FORCE" L"t 1990 a portion of the ciry's "Eastside" was besieged by an ',nordinate amount of crime which conuibuted to the degradation cf the qualxty of 1de. After much press exposure and resident outcry the Mayor, realizing the need to address the problem, ::ca:c--i :.:-.e Mayor's U:'uversity Avenue Task Force. Mc.'r. bershp :o the Task Force cofuists of City stair. police department, District Anorney. .-..e.-..be."s cf business groups and p~vate ci~ens. 'Their Erst task-was to analyze the F-.:ch:cra ozcu:r. ng. fine foremost were prostitution and drugs, After the problems had :x-on :Zen'~,ed the plan of attack was formulated and a target area established. A t, .,, _;, ..... ,...a~e r-,rograrn was implemented which included: Phase 1) Visible incLications of z:.:: c at'.'~ r.c:~i',bcrhood detenoraucn mvol~,-,ng undercover police operations; Phase 2) D~n:r-t-.-.g an underground economy that attracted the criminal element, Code E:'..:~rzc:'.-cr.: ~layed a large role In this phase: Phase 3) Organized neighborhoods -~j-'.r.,: cn;::c and uncreased vl.slb;.i~ry of police officers Including the formation of a strong Corr,,:nc:c;a~ Crime Watch organ,u:ation and; Phase 4) Ongoing maintenance program wh:ch re;;es on police presence and community support to act as a deterrent towards c:::: .,. Tt:e rcs;.:::_s cf this Task Force have been dramatic. the crime rate drop. pod 43%. In ad~uon. the commuruty has pulled together. and shown a greater willingness to report cm-ranal acuv~ty. The most vital ingredient to the success of this T~k Force is the c::r.::u'.:'r.c.-.: a.":d suppan of all revolved. -- ELSINORE '.":" 'INNOVATIVE TRAFFIC SYSTEM MANAGE1V NT' --~L/.L..-. In 1990 the city started looking at alternative ways to h~,ndie :rE: at urban street and freeway ramp intersections. The goal was to · provide tral]]c signal control systems that min/m/ze delay, stops and pollutant emissions and yet provide for safe, convenient and pleasant travel along the high way system. The s~,stem selected utilizes a master m/crocomputer located on.street a,'-.d physically ~s.-J, ected ;'ia com. municalion wiring to each intersection to provide the synchronized cpera:/cn. The microcomputer is accessible via telephone lines and moderns from psrscna] computers, It continually monitors the operation of the synchronization plans and r. un:e rz us --~:ersection functions. i.: :i'?_ r.-.; :: -: f~uze in 'he system it automatically places a call to the personal computer :.-. :i-.: :.-ffl: er, gmeer's desk or home. Operational complaints and trouble reports can :-~ :h.z:~:eZ f:cm fine remote personal computer immediately without having to travel to Une :r.:c.r~.ecZcn. Tl~is system is able to interface with city signals and CalTrans signals. ': .z:s;~ic;s :~c system control for all current and future im/ng strategies. MORENO VALLEY "P~ MANA~ SYSTEM' In an 'effort to provide ongoing pavement assessment and maintenance of more than 500 miles of streets and roads, the city developed a Pavement Management System nearly four years ago. The specific objecUves of the program are: 1) inventory all city streets; 2) :a:c ~:e:: conclinch and; 3) select streets for resurfacing or rehabilitation based on r..:c~. cc~:-cffccuvcness and return on investment. The c::y uses college interns to facfl~tate lDavement assessments and to off. set labor costs. Aii :::'..:.'-:;s are uppcrclassmen and engineering majors. The students receive hands-on c.×pcncnce in engmeenng problem-solving while the city benefits from their effort and expertLee a~ a very low cost. ,',:::::L~y '-:::c::.Uh Friday, the Lnterns inspect streets throughout the city for cracks, holes c: cth. r :'.,]:,cs of wear. Their f. mdmgs are then fed into a computer which produces an cvajua::oz~ cf total information needed to plan,. prioritize and schedule repairs or maintenance. Th~ intern approach has saved the city several thousand.-Rollars, *HOW TO START A Cl'I'Y ON A SHOESTRING BUDGET One of'Councfl's main concerns since incorporation cn December 1, 1990, was the lack of library services. Az the tirne cf incorporation the city was receiving approximately one hour of Bookmobile service per week It was decided to set up a small library station in the senior/community center. The library is staffed by volunteers who work approxiraately 12 hours a week and is .open Monday, Wednesday, Thursday and Saturday. The books are on a rotat~,g schedule consisting of over 1,000 books. -_nother concern was the recent legislation of AlE) 939 and an ordinance for mandater/ '.r~sh collection was passed unanimously. AWaste Management Ad~,isory Committee was formed m an effort to keep the cost of recycling as low as possible. The city gives back El.C3 credit per month to those residents who recycle regularly. The average compliance race each month is 97c,.;,. A ;r-_up cf zcncemed cmzens formed the Gra.fiiti Breakers to combat the growing amount -_.f grairi round the community. Residents can report graffiti to City Hall and the Gr~t'Sti -"--.reakers clean it up within a few days. So far the program has been very successful. CATHEDRAL CITY' · SMAT,T. BUSINESS INFORMATION CENTER" When the city created its r~st Eccnorrdc Development department in November. 1990.. a strategy for business recn.Utment and' :.::cn:;on was formulated. which included the creaUon of a Small Business In. formation Cc.'-.:cr. The city provides direct assistance to better equip small businesses to face the ch~'.cnges a.nd opponu. r-iUes of uhe future. 7: c S:::all Business Cen:cr m located wuhn :i;c Ec_-'nz.--..;z Development Department at C.:y t{~l. The grand opcrang of the Ccn:cr took place m Ja~ujary. 1992. with the total sta_q :.:, cc-t~ u.z~c: $1.G$0 plus a nC.'T..:ZG] ycazly upkeep. S;:::e opening the Center hG..s co,sr~natcd two successful workshops and o~.'cr 100 businesses have ,.qsited. lZc:_.Thhor:n:J cities have referred small busi.-'.c.,scs to the Center, local ba.n~ have sent ['iiA :uz,:~ aT-lJ:;:ar,{s to ~hc Ccr.:cr fzr ~'-,,:a.'~;jc a:;d rcscurcc info.Tnation. By having a c:'.c-'.:c.;J ~hzp the Ccn:cr xncre~c~ :he ch.3.-.:c:~ of small t3v,,xncsscs succecd~g whch hcx~c[.~ the en:~rc conunuruty. "?J:-t,[ROD ~ "OR '~O_nrr:k'YdOICr~ CRial:o Area I¥:[ohilehome Residents Organized There was a need to provide c'..:'.--:iry', -:Zz."crd-:bie i:c'.:zi':~ for Lc"' and moderate income senior ci',izens. RA.I~OD v-as formed h '-' ~78 and cc?~iz'.ed cf .":,ch'llehc.m.e, park residents. YUCA]PA ;J:)OPT-A-TRATT. PROGRAM" '.'.:re Czu.-..-:I aF-pCln:cd nine. mc.-.'.bcr-~ :o sen'e on the Trails "~" .':. Szazc ~-,.: . Cc:::::::::...,e :n Octzbcr ~f 1.c91, to deve]op a no,n- · : ', :-:.. - :' :: --.:-.:;-~e tra.:~ a.::~ to :cv:cw ~uj, b, ',,-a_] ::::k~ and open space otlercd 'i :' :. ::.~., :.. ,..:~ cc::~:;/cra. blc ::::c rcb! to adcIJl trails from other community groups. ONTARIO · GEOGRAPHIC INFORMATION SYSTEm' One of .',.he most prevalent quesricFs facffL'g ho:in p,~ilc and agencies is the vdllinGness of executive bca:ds and to integrate computer technologies into theL,- d-,~tly activities. P!anning Department had reached a pivotal point where riley needed ~l:err.,afive L'unovative approaches to analyzing the impacts of land use decisions they proposing. The soludon to.the problem was Geographic Lnforrnaticn System cr C-iS. The role cf fine GIS Division was ro provide q'us~,fita~ve sc!ufions :o ~e Gsner~ UpSare; produce maps, ch~, ~;su~ ~pla~ ~d sta~c~ represema~c~=; porJaZ.' a::i m~yze v~o~ con~cvemi~ ~sues ~d respond to p'~iic hnq'~es. ~q~ fine ~e j.~ system st~f w~ ~le ~o prep~e field rese~ch ~.d s:a~dc~ ~yses in a n'/nir. i 7:._'2 GiS prc',"ided a_n in-house sc'.nrce cf detailed and azzura:e data which allowed fz: "--.-.z'_'s s:----:Lstica2 and land use a_'n[Tsis finat Goes far beyend t. he capab;jifies cf n:'.L-/zlpai:tles. Use cf ie GIS fcr quantitative solutions, mapping, computerized graph'is :.:z.=iays and Statistical represenIaticn will cerF,=in]y change the way complex issues are =.zprcazhed m the / / REDLANDS 'EXPANDING PUBLIC SAFETY WITH A S}.tP, Rq'rFMG BUDGET' The "Civilian Volunteer Patrol" .was Crea~ed in 1990 by the Chief of Police and a few private ciuzens. 'The private citizens recruited vc'.untecrs; ','.'vote a complete trai'-ing progra:n; solicited the necessary donations an~ F:'ov~ded a vmble program to the police deparnment. The volunteers consisted of former '.aw enforcement offkern. reg:s:ercd nurses. 'L-ca..":r~ m.s~.~c:crs. computer programmers. :ca/cs:a'.e brckers. rc:::ccl business executive.,. hngu:s'~. fo..-ner military people and a :'.:~: cf o'.hers. These vc'.un:cc,,'s ass'.'--r. cd dutlcs at :he s'.atcn dc..k, made cc?.:pu:er enthes, assisted := :::c ma:nlcnance of the vctucle fleet and with the telephones m the dispatch of Sce. The}' ale very adept at crowd and [lafilc control at special events and accident scenes; they a. re trained to protect crime scenes: relieve re:it:tar c.'..':cc:'s on pu.blic service errands: m d~Zi:~zn to various du::es ar.d rcsF_-z::b.hfi:ucs. Tim C~v',han Volunteer Patrol has saved the tory m excess of $393,000 by p. roviding these very important and necessary functions. ITEM NO. 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 27, 1992 A regular meeting of the Temecula.City Council was called to order at 5:30 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT. 5 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. Mayor Birdsall declared a recess to an executive session pursuant to Government Code Section 54956.9(a) - Murdy Ranch vs. County of Riverside and (b) to discuss' potential litigation. The meeting was reconvened at 7:02 PM in regular session by Mayor Birdsall. INVOCATION The invocation was given by Pastor Mike McNeff, Valley Christian Fellowship. PLEDGE OF ALLEGIANCE The audience was led in the pledge of allegiance by Councilmember Moore. PRESENTATIONS/ PROCLAMATIONS Mayor Birdsall proclaimed Nov.ember 23 through November 29, 1992 to be "1992 California Family Week". Trudy Thomas and Joan Wansley accepted the proclamation. Ms. Thomas read a proclamation previously presented by Mayor Birdsall regarding "Pornography Awareness Week". Mayor Birdsall proclaimed October 25, through October 31, 1992 to be "National Business Women's Week in Temecula". Martha Guerrero received the proclamation. Paul Colaluca, Temecula Community Partnership, made a presentation to the City Council regarding the Community Prevention Plan and gave a brief overview of the program. Mayor Birdsall proclaimed October 28, 1992 as "Peg Moore Day", and presented the proclamation to Councilmember Moore. Minutee~ 10~27~,g 2 - 1 - ' 11/02/92 City Council Minutes October 27.1992 The Temecula Town Association President, Rusty Hoenig; presented a plaque to Councilmember Peg Moore for her outstanding service to the community. City Manager Dixon presented a resolution of the California Senate, prepared by Senator Marian Bergeson's Office honoring Councilmember Peg Moore. John Telesio, Administrative Assistant, representing Supervisor Abraham's Office presented a proclamation to Councilmember Moore for her outstanding service. Mayor Birdsall presented a Certificate of Appreciation to Jimmy Moore for his community service and work on City incorporation. City Manager Dixon made a special presentation to the City-Council, honoring the inaugural Council of the City of Temecula. Each member was presented with a plaque commemorating the event. PUBLIC COMMENTS Nancy Maurice, 29405 Via Norte, on behalf of the Temecula Museum, publicly thanked Councilmember Peg Moore for her contributions tO Temecula. She also commended Mayor Birdsall for a job well done. Jim Meyler, 29930 Santiago Road, thanked Councilmember Moore for a job well.done. Councilmember Moore thanked everyone for their comments and reminded the citizens to support the Madrigal Dinner to be held in December, by the Arts Council. Jimmy Moore, 29605 Solana Way, thanked the City Council for their hard work in making Temecula a community to be proud of. Jane Vernon, 30268 Mersey Court, requested that tha City Council look into the actions of the Temecula Valley School DistriCt regarding the new school site and Bus Barn. Councilmember Muf~oz requested this be placed on a subsequent agenda for a full report. John Dedovesch, 39450 Longridge Drive, asked that ti~e City look into the problem of empty lots being used as "used car lots". He also suggested the Water District be required to repair sections of road that they have damaged while installing water lines. Councilmember Mur~oz announced that after a recent meeting with Meadowview Homeowners, he has learned many residents are against the City's plans for extending a portion of N. General Kearny Road and implementing a trail system throughout their community. He stated he feels that this represented an improvement for residents of Meadowview, however, if the majority of residents are against these improvements, he would be in favor of excluding Meadowview from the trail system and abandoning plans to extend N. General Kearny Road. He announced he will be meeting with residents of Meadowview on Minutest, 10~27~92 -2- 11/02/92 City Council Minutes October 27. 1992 Wednesday, November 4, 1992 at 2:30 PM to answer questions and listen to citizen concerns. Mayor Pro Tem Lindemans stated' that he would support-the majority wishes of the Meadowview Homeowners regarding this issue. CONSENT CALENDAR It was moved by Councilmember Moore; seconded by Councilmember Lindemans to approve Consent Calendar Items 1 - 15. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS:' Standard Ordinance Adootion Procedure 1.1 Minutes 2.1 2.2 Birdsell, Lindemans, Moore, Mur~oz, Parks. None None Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approve the minutes of September 30, 1992; Approve the minutes of October 6, 1992. Resolution ADOrOvinQ LiSt Of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 92-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Reoort as of August 31. 1992 4.1 Receive and file the City Treasurer's report as of August 31, 1992. Minutee%10~27~92 -3- 11/02/92 City Council Minutes October 27. 1992 e e , Combining Balance Sheet as of June 30, 1992 and Statement of Revenues. Expenditures and Chanaes in Fund Balance for Year endin{3 June 30, 1992 5.1 Receive and file the Combining Balance Sheet as of June 30, 1992 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the year ended June 30, 1992; 5.2 Appropriate $31,800 for the City Council's Department (dept. #100); 5.3 Appropriate $23,500 for the City Manager's Department (dept. #110); 5.4 Appropriate $40,900 for the Finance Department (dept. #140). Professional Enqineering Services Contract for the Develooment of a Pavement Management System 6.1 Award a Professional Engineering Service Contract in the amount of $45,399.00 for the development of a Pavement Management System and authorize the Mayor and the City Clerk to execute the Agreement. Prooerty Tax AIIodation 7.1 Approve and authorize the Mayor to execute the attached agreement tolling the statute of limitation for the City of Temecula to bring an action against the County of Riverside regarding property tax allocation. Solicitation of Bids for Widenine of Ynez Road from Rancho California to Palm Plaza 8.1 Authorize the Department of Public Works to solicit public construction bids for the widening of Ynez Road from Rancho California Road to Palm Raza. Chancle Order No. 001 on Proiect No. PW 92-04; Marciarita. Road Interim ImOrOvements 9.1 Approve Contract Change Order No. 001, increasing the contract amount by $70,000.00; 9.2 Approve a transfer of $70,000 from the Measure "A" fund to the Capital Project fund; 9.3 Appropriate $70,000 to Capital Projects Acct. No. 210-165-622-5804 from Unreserved Fund Balance. IVinutes~l 0~27~q2 -4. 11/02/92 CiW Council Minutes october 27.1992 10. 11. 12. 13. 14. Completion and Acceptance of Street and Sidewalk Improvements at Various Schools Project No. PW 92-01 10.1 Accept the Street and Sidewalk Improvements at Various Schools, Project No. PW 92-01, as complete; 10.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, accept a one-year Maintenance Bond (10% of contract amount); 10.3 Authorize the release of the construction retention thirty-five (35) days after filing of the Notice of Completion; 10.4 Authorize the release of the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Traffic Sianal Poles for the Intersection of Winchester Road and Maraarita Road 11.1 Authorize staff to purchase traffic signal poles for the intersection of Winchester Road and Margatita Road from Lingo Industrial Electronics. Release of Subdivision Monumentation Bond -Tract 22204 12.1 Authorize the release of Subdivision Monumentation Bond fo~ Tract No. 22204 and direct the City Clerk to so advise the Clerk of the Board of Supervisors. Approval of Final Parcel MaD No. 22515 13.1 Approve Final Parcel Map No. 22515 subject to the Conditions of Approval. Amendment of the California Endangered Species Permit Aareement between the DePartment of Fish and Game and the Riverside County' Habitat Conservation Agency 14.1 Approve the attached amendment to the Endangered Species Permit Agreement; 14.2 Authorize the Mayor to sign the amended Agreement· IVtnules~, 10%,27~92 -5- 11/O2/S2 City Council Minutes October 27. 1992 SECOND READING OF ORDINANCES 15 Second Readino of Ordinance Reeulating Temoorarv Siens 15.1 Adopt an ordinance entitled: ORDINANCE NO. 92-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 348 PERTAINING TO THE REGULATION OF TEMPORARY SIGNS PUBLIC HEARINGS 16. Chanee of Zone No. 563 1 /Vestine Tentative Tract No. 25320 (Continued from the meeting of September 22, 1992.) Gary Thornhill summarized the staff report. Mayor Birdsall closed the public hearing at 7:50 PM The Council accepted the applicant's request for withdrawal of Vesting Tentative Tract No. 25320 and Change of Zone 5631. COUNCIL BUSINESS Mayor Birdsall reordered the agenda to accommodate the request of Mr. A. J. Wilson of WRCOG. 23-. Ratification of WRCOG Comorehensive Growth Manaqement Plan Mr. A. J, Wilson, representing Western Riverside Council of Governments (WRCOG), presented a report on the comprehensive Growth Management Plan. Mayor Birdsall called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:10 PM. Councilmember Parks stated that being the Council's representative to WRCOG for the past three years and a participant in preparing this document, he feels it represents an opportunity for the City to plan regionally, which is a very positive step and should be supported. ' Minutes'~ 10~7~92 -6- 11/02/92 Council Minutes October '~7. 1992 It was moved by Councilmember Parks, seconded by MaYor Pro Tem Lindemans to adopt a resolution entitled: RESOLUTION NO., 92-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING '[HE COOPERATIVE POLICIES CONTAINED IN THE GROWTH AND · DEVELOPMENT MANAGEMENT STRATEGY FOR RIVERSIDE COUNTY AND AGREEING TO PARTICIPATE IN THE DEFINED POLICIES The motion was unanimously carried. RECESS Mayor Birdsall called a recess at 8:15 PM. The meeting was reconvened following the scheduled Community Services District Meeting at 8:50 PM. 17. 18. AppOintments to the Parks and Recreation Commission City Clerk June S. Greek presented the staff report. It was moved by Councilmember Parks, seconded by Councilmember Moore to appoint Claudia Walker and Henry Miller to serve three-year terms on the Parks and Recreation Commission. The motion was unanimously carried. Ordinance Establishinc~ the Public/Traffic Safety Commission City Attorney Field summarized the staff report; Councilmember Moore asked how the terms would be determined. Gity Clerk Greek stated that Commissioners could be asked to re-draw terms, or existing terms could be :eft in place. Mayor Birdsall stated she feels it is best to redraw all terms. Mayor Birdsall asked if there is any way to make all of these commission appointments come up at the same time, stating she feels it would be better to reappoint all the new Commissioners at the same time. Minutee%l 0~27~92 -7- 11 ~2~2 City Council Minutes October 27. 1992 City Clerk Greek suggested that if it meets with City Council approval, the appointments could expire in July, which would be concurrent with that Planning Commission's term. City Attorney Field suggested this item be agendized. It was moved by Councilmember Parks, seconded by Councilmember Moore to read by title only and introduce an ordinance entitled: ORDINANCE NO. 92-17 AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 12.01 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION AND REPEALING CHAPTER 11.01 OF THE TEMECULA MUNICIPAL CODE The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore Parks NOES: I COUNCILMEMBERS: Mu~oz ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Moore, seconded by Councilmember Parks to adopt a resolution entitled: RESOLUTION NO. 92-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING GUIDELINES FOR THE TRANSACTION OF BUSINESS OF THE TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall. Lindemans, Moore, Parks Muf~oz None Minutes% 10~,27~,92 -8- 11/02/92 CiW Council Minutes October 27. 1992 19. ADoointments to the Public/Traffic Safety Commission City Clerk June Greek presented the staff report. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Mufioz to delay appointments of the Public/Traffic Safety Commission until the meeting of 11/10/92. The motion was unanimously carried. 20. Cable Television - Surrender of Jones Cable Television Franchise and Amendment to Inland Valley Cablevision's Operating Reauirements City Attorney Field presented the staff report. Councilmember Mu~oz asked why the City does not solicit another cable company to compete for the license and if this action would preclude coml~etition in the future.' City Attorney Field responded that at this time it is unlikely another buyer could be found and this does not preclude other companies from competing in the future. Councilmember Moore asked if there are any plans to bring cable into any of the retail areas. Mr. Tom Unglaub of Inland Cable Company, responded that at this time there are no plans for coverage in the Industrial area due to the limited demand and high costs involved. RECESS Mayor Birdsall called a brief recess at 9:12 PM to change the tape. The meeting reconvened at 9:13 PM. , It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to adopt a resolution entitled: RESOLUTION NO. 92-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SURRENDER OF THE CABLE TELEVISION SYSTEM FRANCHISE HELD BY JONES INTERCABLE OF SAN DIEGO AND ESTABLISHING ADDITIONAL OBLIGATIONS REGARDING THE CABLE SYSTEM OWNED BY THE CHRONICLE PUBLISHING COMPANY The motion was unanimously carried. Minutee'dO~27~92 -9- 11/102,'92 C'~v Council Minutes October ~7. 1g~2 21. 22. Consideration of Non-Profit Exemotion from Fees for Outdoor Events (Placed on the agenda at the' ~equest of Mayor Birdsall) Gary Thornhill .presented the staff report. City Attorney Field stated requests have been made to reduce or waive planning fees, public Works fees and other land use entitlement fees, and he expects that within the next 90 to 120 days, the public works fee schedule will be reviewed. Mayor Birdsall stated that she has a problem with giving organizations money and then charging them City fees to hold their events. She suggested monies be set aside from Council discretionary funds for this purpose. Dick Dean and Fernando Navarez of Delaneys Restaurant, requested that fees be waived to hold an indoor fundraiser as a charity event. Mayor Pro Tern Lindemans stated he feels this needs to be further reviewed as he can see problems associated with the waiving of fees. Councilmember Parks suggested reducing the charge On all permits, only charging $98.00. Director of Planning Thornhill suggested gearing the fee structure to the size of the event, and having a two stage fee structure. Councilmember Mur~oz stated that the City does need to recover costs for the services it provides. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to refer the matter back to staff for further analysis, based on Council comments, and directed that any enacted changes in the present policy, which might result in a refund of fees, will be made to apply retroactively to this date. The motion was unar~imously carried. Uodate on Old Town Soecific Plan Director of Planning Gary Thornhill summarized the staff report on the Old Town Specific Plan, and announced that the City Council will be meeting with Planning Commission on No.vember 18th to further review the draft proposal. He stated he feels this is one of best projects he has ever been involved with, and believes that this location has the potential for tremendous draw from surrounding areas. Minutes~l 0'~27~92 -10. 11/02/92 CiW Council Minutes October 27.1992 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to receive and file the report. The motion was unanimously carried. CITY MANAGER REPORT None given. CITY ATTORNEY REPORT None given. CITY COUNCIL REPORTS Councilmember Parks wished all the candidates good luck on the upcoming election. Councilmember Moore stated the past three years has been one of the most rewarding years times of her life, and stated this City has put together a very fine staff that works very hard for the betterment of the community. She stated she sees many improvements since the City has incorporated and the many exciting things are upcoming in the near future. She thanked the City Council for all their hard work and asked that they remember to focus on the Mission Statement as a guideline for the community. Mayor Pro Tem Lindemans announced that Thursday night, October 29, 1992 at 7:00 PM the radio will broadcast the candidates forum and it will be television on Friday, October 30, 1992 at 8:00 PM. ADJOURNMENT It was moved by Mayor Pro Tern Lindemans. seconded by CoUncilmember Parks to adjourn. at 9:55 PM. The motion was unanimously carried. ATTEST: Patricia H..Birdsall. Mayor June S. Greek. City Clerk Minutes% 10~,27%92 - 11 - 11/02/92 ITEM NO. 3 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL 'OF. THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHr~IT A THE CITY COUNCIL OF THE CITY OF TEMBCULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amount of $400,082.85. Section 2. The City Clerk shah certify the adoption of this resolution. APPROVED AND ADOPTED, this 2nd day of November, 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALI~O~) COUNTY OF RIVERSIDE) SS C1TY OF T~ULA) I, luue S. Gzeek, City Clerk of the Ciiy of Temec~,ia, ]:n:.e~.wy DO CERTIFY ihat the foregoing Resolution No. 92- was duly adopted at a regular meeting of the City Council of the City of Tcmecula on the 2nd day of November, 1992'by the follow~ug roll call vote: AYES: 0 COUNCIL1Vi~IVIBERS: None NOES: 0 COUNCILiV~MBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, City Clerk 283 CITY OF TEMECULA LIST OF DEMANDS 10/22/92 TOTAL CHECK RUN: 10/29/92 TOTAL CHECK RUN: 11 ll 0/92 TOTAL CHECK RUN: 10108/92 TOTAL PAYROLL: S44,278.53 S55,060.95 $215,281.30 ~85,462.07 TOTAL LIST OF DEMANDS FOR 11/10/92 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 1 O0 110 190 191 193 210 250 300 310 320 330 GENERAL GAS TAX FUND RANCHO CAUF. ROAD REIMB. DIST TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL C CAPITAL IMPR. PROJ. FUND CAPITAL PROJECTS-TCSD INSURANCE FUND VEHICLE FUND INFORMATIONS SYSTEMS COPY CENTER FUND PAYROLL 001 100 190 300 320 330 GENERAL (PAYROLL) GAS TAX FUND (PAYROLL) TCSD (PAYROLL) · INSURANCE FUND INFORMATION SYSTEMS (PAYROLL) COPY CENTER FUND (PAYROLL) $118,512.18 S84,889.55 $15,618.80 $25,124.58 $7,151.67 $31,008.57 $678.84 $16,223.36 $,5,055.65 $286.95 $5,902.37 $2J65.26 $56,271.53 $9,969.32 $16,38606 $558.67 S999.76 . $1.278.73 $514,620.78 $95,462.07 TOTAL BY FUND: ke · PREPARED BY MICHL:_LLIE'_ L.ARSON DAVE DIXON. CITY MANAGER ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHIE2 10/22/g2 15:17 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUNO TZTLE 001 GENERAL FUI) 100. GAS TAX FUND 190' COHMUI/ITY SERVICES DISTRICT 19'~ TC$1) ZONE C 250 CAPITAL PROJECTS - TCSO 300 INSURANCE FUND 320 ZNFORI4ATIOli SYSTEMS 330 COPY CENTER FUND TOTAL mT 2:8,~87.90 7,~81 750.00 · 89&.52 203.63 1,986.21 327.)6 /~,278,53 VOUCHRE2 10/Z2/9;' 15:17 CITY OF TBECULA VOUCHER/CHEI3C REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 12208 12208 12208 12208 12209 12209 12209 12209 12210 12210 12210 12210 12210 12210 12210 12210 12210 12210 12211 12211 12212 12213 12213 12214 12215 12216 12216 12216 12216 12216 12216 12216 12216 12216 12216 12216 12216 12216 12216 12217 12217 12217 CHECK DATE 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10122192 10/22/92 10/22/92 10122/92 10122/92 10122192 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10122192 10/22/92 10122192 10/22/92 10/22/92 VENDOR NUMBER 000167 000167 000167 000167 O00TTO 000170 000170 000170 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000178 000178 000164 000218 000218 O00223 OOO239 00024,6 000246 000246 000266 000266 000246 000246 000246 0OO24,6 OOO246 000246 000246 0802~6 0002~9 000249 ~0249 NA~IE FIRST IMPRESSIONS FIRST IMPRESSIONS FIRST IMPRESSIONS FIRST IMPRESSIONS FRANKLIN INTERNATIONAL FRANKLIN INTERNATIONAL FRANKLIN INTERNATIONAL FRANKLIN INTERNATIONAL GLENNIES OFFICE PRQOUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GTE NARILYN'S COFFEE SERVIC NARILYN'$ COFFEE SERVIC JOHN MCTIGNE & ASSOCiAT OLSTEM TEMPORARY $ERVIC PENS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREN PENS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RETINEN PERS EMPLOYEES' RETIREM PENS EMPLOYEES' RETIREN PENS EMPLOYEES' RETIREM PERS EMPLOYEES' NETIREM PENS EMPLOYEES, RETIREN PERS EMPLOYEES" RETIREN PER$ EMPLOYEES, RETIREN PEI$ ENPLOYEES, RETIREN PETTY CASH PETTY CASH PETTY CASH ITEM DESCRIPTION BEEFY T-SHIRTS 12XL XXL T-SHIRTS ART gORK TAX CLASSIS SIZE (5 1/2" X CLASSIC SIZE (5 1/2q X FRE l GNT TAX J3-E1017-50; TIMEPEACE K-C $K8-00; MONTHLY MlN K-C SK8-50; REFILL Iwl 5?3; DESK TOP CLEAN AC0520 75; DATA BINDER 9 1/2 X 12; NANILLA ENV DISCOUNT TAX OPEN ACCOUNT FOR OFFICE OPEN ACCOUNT FOR OFFICE 80386SX 25MHZ 8SLOT W/2 TAX 7166998632/SEPT. 92 COFFEE SERVICE; CITY HA COFFEE SERVICE; CITY HA PROFESSIONAL SERVICES T TEMP. ~.E. 9/20/92 000266 PER REDE 01)1)266 ' PER REDE 000266 PERS RET 000246 PERS RET 000266 PERS RET ~0026& PERS RET 000266 PERS RET 000246 PENS RET 000246 SURVIVOR 080266 $UIIVIVON 000246 g,IRVII/OIt 000266 SURVIVOR 0002~6 $URVIVOII 00024,6 SURVIVO~ REIMBURSEMENT/CITY EMPL REIMBUrSEMENT/CITy ENPL REIMBURSEMENT/CITy EMPL ACCOUNT NUllER 190-183-gQ9-5300 .' 190-183-909-5300 190-183-909-5308 190-183-909-5300 190;180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5220 · 001-140-999-5220 081-140-~-5220 001-140-~-5220 001-140-999-5220 001-160-999-5220 001-160-999-5220 001-160-999-5220 001-160-999-5220 001-160-999-5220 001-160-999-5220 320-199-999-5606 320-199-999-560~ 320-199-999-5208 001-199-999-5250 001-199-999-5250 001-140-999-5268 001-]62-999-5118 081-2130 100-2130 081-2390 100-Z$90 190-2390 320- 2390 330 * 2390 320-2390 3~0-2390 001-163-999-5260 001-2172 081-100-999-5208 ITEM ANOIJNT 81.60 33.20 62.OO 55.88 51.90 25.95 7.95 6.65 60.26 16.50 6.90 11.52 36.10 11.38 8.72- 8.68 .85 3.39 925.00 71.69 14.68 63.05 131.58 18~.87 62.96 171.76 9,111.61 1,703.38 2,286.35 92.26 183.21 202.58 4~.90 8.58 13.95 .93 1.86 109.00 65.19 20.08 CHECK MOUNT 92.65 126.86 176.63 189.87 68.08 13,864.55 VOUCHRE2 10/22/92 VOUCHER/ CHECK NUMBER 12195 12196 12197 316655 316655 316655 316655 316655 316655 316655 316655 316655 316655 316(>55 316655 381647 381647 381647 381647 381647 381647 381647 381647 381b~7 3816~7 381647 381647 12201 12202 12203 1220/, 12205 12206 12206 12206 12206 12207 12208 12208 15:17 CHECK DATE 10/2.1/92 10/21/92 10/22/92 10/22/92 10/22/92 lO/ZZ/9Z 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/Q2 10/22/92 10122/92 10/22/92 10/22/~2 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22192 10/22/92 10/22/V2 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 VENDOR NUMBER 000596 000547 000423 000283 000283 00028,3 000283 000283 000283 000283 000283 000283 000283 000283 000283 0004~+4 000444 000444 000444 000444 O0~&4 O0~& 000127 000127 000127 000127 ooo12~ 000167 000167 VENDOR NAME LEAGUE OF CA CITIES/LAF SHEEATON HARBOR ISLAIID H & H CRAFT & FLORAL SU SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACXF]C NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT DEVELOPMENT EMPLOYMENT OEVELOPMENT EMPLOYMENT DEVELOIqlENT EMPLOYMENT DEVELOPMENT CALVARY CHAPEL OF RANCH MAT[INS TRANSPORTATION PRESLEY OF SAN DIEGO AF CONSTRUCTION $UPPLIE TRIGAN ENGINEERING CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CAL I,~ST RENTAL CENTER FIRST IMPRESSIONS FIRST IMPRESSIONS CITY OF TEIECULA VOUCHER/CHECK REGISTER FOIl ALL PERICOS ITEM DESCRIPTION LAM & ELEC. ~r. NINAR 17./ RESERVATIONS SERNIMAR 1 RIBBONS FOR "RED RZBBON 000283 FICA/MED 000283 F l CA/NED 000283 F I CALMED 000283 F I CA/NED 000283 F I CA/NED 000283 FICA/MED 000283 USIT 000283 USIT 000283 USIT 000283 US I T 000283 USIT 000283 US I T 000~ CA 1T 000~ CAIT 0004~ CAIT 000~ CAIT 000/~ CAIT 000~ CAIT 000/~/~ SO I 000/44 SOl 000~ SO I S01 SO'/, REFUND/PUP iS WITNO BUSINESS LIC. 'REFUND 75X REFUND/PHASING gZTH REFUND/DUPLICATE APPLIC DEPOSIT REFUND, CASE LEGAL ADVERTISING FY 92 CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE LEGAL ADVERTISING FT ~2 OPEN P.O. FOR MISC. REN BASEBALL JERSET'S U/#'S ART WORK ACCOUNT NU!IER 001 - 120-999-5258 001-120-999-5258 001-170-999-5292 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 001 -.161-4121 001-199-&056 IXI1-161-4169 001 - 199-.4056 001-161-~107 001-120-999-5256 001-161-999-5256 GO1-161-999-5256 001-120-999-5Z56 190-180-999-5238 190-183-909-5300 190-183-909-5300 ITEM AMOUNT 175.00 114.45 136.20 1,~97.48 357.94 567.8~ 19.12 37.30 40.08 8,504.18 1,596.96 2,036.01 71.64 208.3~ 57.25 1,978.45 327.38 381.49 15.72 43.57 8.32 482.09 73.17 164.38 3.20 16.08 17.27 295.00 35.00 140.25 35.00 652.00 8.91 40.27 33.30 197.86 22.63 539.25 25.00 PAGE 2 CHECK 175.00 114.45 136.20 15,494.14 3,511.12 295.00 35.130 140.25 35.00 652.00 280,~ 22.63 VOUCHRE2 10/~/92 15:t7 CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIORS PAGE 5 VOUCHER/ CHECK NLIIBER 12225 lZ225 12225 12225 12225 12225 12226 12227 12228 12228 12228 12228 12228 12228 12228 12229 12229 12230 127.31 12231 12232 12233 1223~ 1223~ 12235 12236 12237 12~7 12238 12239 12239 CHECK DATE 10/22/92 T0/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10t22/92 10/22/92 10/22/92 10/22192 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 VENDOR NUMBER 000325 000325 000326 000326 000326 000326 000326 000326 000339 000370 0003?5 0003?5 0OO3?5 0003?5 0003?5 0003?5 0003?5 000389 000389 00039~ 000~26 00G~26 000518 000521 000532 OOO532 000532 000583 000617 000627 UNITED MAY OF THE INLAN UNITED MAY OF THE INLAN UNITED MAY OF THE INLAN UNITED MAY OF THE INLAN UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE ' UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE I,~ST PUBLISHING COMPANY BIRDSALL, PATRICIA SOUTHERN CALIF TELEPNON SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPNOR SOUTHERN CALIF TELEPHOR- SOUTHERN CALIF TELEPHON SOUTHERN CALZF TELEPNON USC34 USCM ECONOMIC DEVELOPMENT CO RANClIO INDUSTRIAL SUPPL RANCNO INDUSTRIAL $UPPL DEL RIO CARE ANIRAL NOS. STEWART, BRUCE N. SECURITY PACIFIC NAT'L SECURITY PACIFIC NAT'L SECURITY PACIFIC NAT'L UIMBERLY, VALERIE RANCHO RUNNERS TILLINGHAST PUBLICATION TILLINGHAST PUILICATION SUNRISE LANDSCAPE NELISSA DATA CORP MELISSA DATA CO~P ITEM DESCRIPTION 000325 ' UV 000S25 UV RENTAL OF UNIFORMS AND RENTAL OF UNIFOll AND RENTAL OF UNIFORIIS AND RENTAL OF UNIFORMS AND RENTAL OF UNIFORMS AND RENTAL OF UNIFORMS AND CA CD AN 51C&51D 2BK TRAVEL EXP. REIM6. OCT. 71/*287499~ISEPT. 92 7143231559/SEPT 92 71/.3,~56Q05/SEPT. 92 7143/,57/*25/SEPT 92 7143493438/OCT. 92 7143493439/SEPT, 92 71/.7458550/SEPT· 92 000389 PT RETkR 000389 PT RETIR EDC LUNCHEON OPEN P,O. NISC. JANITOR OPEN P.O. MISC. JANITOR VET SERVICES AS NEEDED OPEN PURCHASE O~D'EI FOR EXPENSES/SEPT. 92 N.J. EXPENSES/SEPT. 92 N.J. EXPENSES/SEPT. 92 N.J. DINNER REINB. APA ISSLI~ I~SSENGER SERVICE: OCT CaRMR REPORTS FREIGHT gEED ABADENENT 1220 - ZIP4'+ PROGRAM 1690 - STREET ATLAS USA ACCOUNT NUNBER 001-2120 100-2120 190-2120 300-2120 190-180-999-52/,3 190-!80-999-52/.3 100-180-999-52/.3 190-180-999-52/.3 100-180-999-52/.3 190-180-999-52/.3 001-120-999-5228 001-100-999-5258 100-180-999-5208 001-110-999-5208 001-110-999-5208 001-110-999-5208 '001-140-999-5208 001-120-999-5200 190-180-999-5208 001-2160 190-2160 001-161-999-5260 190-180-999-5212 190-180-999-5212 001-170-999-5285 001-i62-999-5250 001-160-999-5228 001-160-999-5258 001-140-999-5258 001-161-999-5258 001-140-999-5210 001-140-999-5228 001-140-999-5228 193-180-999-5510 320-199-999-5221 320-199-999-5221 ITEM AMOUNT 67.75 8.00 /.7.15 12.50 18.30 12.50 ~6.35 56.0/, 52.20 212.49 76.45 38.55 38.50 62.45 385.52 20.00 32.56 25.69 32.50 270.00 65.10 127.66 209.35 93.00 165.00 7.50 750.00 149.00 91.00 137.~ ~.35 ~.70 631.86 20. O0 58,25 32.50 402.11 93,00 165.05 91,50 750.00 VOUCHRE2 PAGE 6 10/22/92 15:17 VOUCHER/ CHECK NLNBER 12217 12217 12217 12217 12217 12217 12217 12217 12217 12218 12219 12219 12219 lZ219 12219 12219 12219 12219 12219 12219 12219 12219 12219 12219 12219 12220 12220 12220 122.2.0 12220 12221 12221 12221 12221 12222 12222 12222 12222 12222 12222 12222 12225 12223 12225 CHECK DATE 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 .10/22/92 10/22/92 10/22/92. 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 lo/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10122/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/22/92 10/2Z/92 10/22/92 10/22/92 10/22/92 CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERII3)S VENDOR VENDOR .ITEI4 ACCOUNT ITEM NUliER NAME DESCRIPTION NUMBER AMOUNT 01)0269 000269 000269 000269 000269 000269 000269 000269 000269 000255 000261 000261 000261 000261 000261 000261 000261 000261 000261 000261 000261 000261 000261 000261 000261 0002~ 0002~ 000302 000302 000302 000302 000303 OOO303 O00303 OO0303 000303 000303 OOO303 PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PRO LOCK & KEY RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCNO BLUEPRINT RANCNO BLUEPRINT S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS S & S ARTS Ale L1AFTS S & S ARTS AND CRAFTS S & S ARTS AND CRAFTS SYSTEM SOURCE SYSTEM SOURCE SYSTEM SOURCE SYSTEM SOURCE SYSTEM 2/'90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/9'0 SYSTEM 2/9'0 SYSTEM 2/90 TEMECULA TOkNE ASSOCIAT TEMECULA TOia~E ASSOCIAT TEMECULA TOklNE ASSOCIAT 000308 000308 OOO308 REIIIURSENENT/CITY ENPL 001-110-999-5260' REIIIURSEIENT/CITY ENPL 001-150-999-5260 REIlilJRSENENT/CITY ENPL 001-162-999-5265 REIMBURSEMENT/CITY EMPL 001-100-~99-5258 REIliURSENENT/CITY EMPL 001-160-999-5260 RE]MBURSENENTICITY ENPL 001-163-999-5220 REII~URSBIENTICITY ENPL 001-100-999-5220 REINBURSENENTICITY ENPL 001-162-999-5220 REINBURSENENTICITY ENPL 001-161-999-5220 OPEN ACCOUNT FOR MISt, 100-180-999-5212 OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE. PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM OPEN ACCOUNT; BLUE PRIM 250-100-129-5802 250-190-129-5802 250-100-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 PE-3522 BLACK DECORAL P SH-I52 NALLOM~EN GARLAN SH-262 GHOST PE-128ABK; FLAP, EPROOF C FREIGHT MOVE CUBICLE;PLANNING D LOCK & CYLINDER INSTALL TAX TO COVER EXTRA COSTS FO 190-180-999-5300 190-180-999-5300 190-180-999-5300 190-180-999-5300 190L180-9g9-5300 001-161-999-5250 001-162-999-5250 001-162-999-5250 001-161-999-5250 2XBA NAMEPLATE-CRAIG D. 2XBA NAMEPLATE-SCOTT HA 6X88 MALL NAMEPLATE FRE I GNT FREIGHT TAX TAX 001-161*q99-5220 001-163-999-5220 001-16]-999-5220 001-161-999-5220 001-163-999-5220 001-163-999-5220 001-161-999-5220 LOCKER RENTAL/OCT. 92 SET UP/SEPT. 92 FLOOR CARE/SEPT. 92 190-180-999-5258 001 - 100-999-523~ 001 - 100-999-5234 20.00 21.15 10.00 .13 19.15 2.70 30. O0 2.69 8.08 63.58 10.02 61.03 72.61 16.35 11 6.73 162.25 222.77 77.69 76.61 13.58 10.86 21.98 55.98 16.95 9.56 76.9O 28.09' 105.00 6.00 .31 87.50 63.20 61.20 2.00 2.00 7.~ 1.~ 15.00 90.00 60.00 CHECK. 288.09 63.58 896.52 183.~8 196.81 139.77 165.00 VOUCHRE2 10/29/92 17:03 VOUCHER/ CHECK CHECK NUMBER DATE 13001 11/10/92 13095 11/10/92 13095 11/10/92 13095 11/10/92 13095 11/10/92 13096 11/10/92 13096 11/10/92 13096 11/10/92 13096 11/10/92 13096 11/10/92 13097 11/10/92 13097 11/10./92 13097 11/10/92 13098 ~1/10/92 13098 11/10/92 13098 11/10/92 13099 11/10/92 13100 11/10192 13100 11110192. 13101 11/10192 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11110192 131O2 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92' 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 13102 11110/92 13102 11/10/92 13102 11/10/92 13102 11/10/92 VENDOR NUMBER 000123 000126 000126 000126 000126 000131 000131 000131 000131 000131 000143 0001/.3 0001/.3 000161 000161 000161 000202 000226 000226 000231 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 VENDOR NAME BURKTE HILLIARS & SOliENS CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CARL HARREN & CO, CARL HARREN & CO, CARL HARREN & CO, CARL WARREN & CO, CARL WARREN & CO, COPY LINE CORPORATION COPY LINE CORPORATION COPY LINE CORPORATION EDEN SYSTEMS, INC. EDEN SYSTEMS, INC. EDEN SYSTEMS, INC. J.F. DAVIDSON MICRO AGE COMPUTER CENT MICRO AGE COMPUTER CENT NBS/LO~Y OCB REPROGRAPNICS OCB REPROGRAPHICS OCS REPROGRAPHICS 0C8 REPROGRAPNIC$ OCB REPROGRAPHIC$ OCB REPROGRAPHICS OCB REPROGRAPHICS 0C8 REPROGRAPHICS OCB REPROGRAPNICS 0C8 REPROGRAPNICS 0C8 REPROGRAPHICS 0C8 REPROGRAPHICS OCB REPROGRAPHIC$ OCB REPROGRAPHICS OCB REPROGRAPHICS OCB REPROGRAPHICS OCB REPROGRAPHICS oc~ R~PROGRAPHIC$ OCB REPROGRAPHICS OCB REPROGRAPNICS OCR REPROGRAPNICS OCB REPROGRAPNICS OCS REPROGRAPHICS CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS [TFJq DESCRIPTION PRO. SERV. SEPT. 92 liEEl) ABATEMENT ON CiTY ANNUAL LANDSCAPE CONTRA ANNUAL LANDSCAPE/OCT, ANNUAL *LANDSCAPE/OCT, CLAIM/BROOKS ARTHUR CLAIN/GILLESP[E RAY CLAIM/FAIR SAMUEL CLAZMS/HZLLZAMS ROONEY CLAIM 0039, CERVERA, ED SERVICE CALL FOR OLD PO LABOR T~ ACCOUNTING SOFTHARE PAC SUPPORT & TRAVEL COSTS · CRED I T MEMO OVER BtJOGT CONSULTING TRAFFIC ENGI TIARA IOBASET 16BIT LAN TAX CONSTRUCTION MANAGEMENT PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DESi PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DES1 PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DES[ PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DES1 PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DE$I PRINTING COSTS FOR DES/ PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DES] PRINTING COSTS FOR DESI ACCOUNT NUMBER 001-130-999-5246 '193-180-999-5510 190-180-999-5250 191-180-999-5510 193-180-999-5510 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 330-199-999-5584 330-1f9-~99-5584 330-1~9-~9~-5584 320-199-999-5221 001-199-999-5250 001-199-999-5250 100-16~-999-5A06 001-170-999-5221 001-170-999-5221 110-165-622-580A- 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 Z50,190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190~129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 250-190-129-5802 ITEM AMOUNT 2,74,8.36 752.50 9,666.80 561.00 21,152.16 269.68 239,00 592,90 2~,.88 212.38 1,239.81 /*05,00 96,09 1,050.00 533.07 533.07- 10,000.00 1,316.00 101.8~ 15,618.80 211.57 121.97 118.37 30.29 35.38 78.12 210.11 -104.57 38.85 13.09 381,73 26,18 12,72 18~,04 10,60 26.6~ ~0.37 16.00 25.00 23.62 16.01 j PAGE 2 CHECK AMOUNT 2,748.36 32,130.66 1,538.64 1,7/,0.90 1 ,o5o.oo 10,000.00 1,615.84 15,618.80 VOUCHRE2 10/29/92 17:03 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 110 RANCHO CALIF ROAD REINS DIST 190 COIlUNITY SERVICES DISTRICT 191 TCSD ZONE A 193 TCSD ZONE C 250 CAPITAL PROJECTS - TCSD 300 INSURANCE FUND 320 INFORNATION SYSTENS 330 COPY CENTER FUND TOTAL N4OUNT 64,64.0.78 77,'Z6Z.?.Z 15,618.80 10,397'.63 561 .QO ' 21,904.66 1?,328.84 4,?"f6.47 1,050.00 1,740.90 215,281.30 VOUCHRE2 10/29/92 VOUCHER/ CHECK NUMBER 13011 13011 13011 13011 13011 13011 13011 13011 13012 1301Z 13012 13013 13013 13013 13013 13013 13013 13014 13014 13014 13014 13014 13014 1301~ 1301~ 1301~ 13014 1301~ 1301~ 1301~ 13015 13015 13015 13016 13016 13017 13018 13019 15:53 CHECK VENDOR VENDOR DATE NUHBER NAHE 10/29/92 000177 10/29/92 000177 10129192 000177 10/29/92 000177 10/29/92 000177 10/29/92 000177 10/29/92 000177 10/29/92 000177 10/29/92 000180 10/Z9/92 000180 10/29/92 000180 10/29/92 000194 10/29/92 000194 10/29/92 000194 10/29/92 000194 10/29/92 00019~ 10/29/92 00019~ 10/29/92 000197 10/29/92 000197 10/29/92 000197 10/29/92 000197 10/29/92 000197 10/29/92 0001q7 10/29/92 000197 10/29/92 000197 10/29/92 000197 10/29/92 000197 10/29/92 000197 10/29/92 1300197 10/29/92 000197 10/29192 000197 10/29/92 000197 10/29192 000197 10/29/92 000197 10/29/92 000205' 10/29/92 000205 10/29/92 000205 I0/29/92 000211 10/29/92 000211 10/29/92 00021~ 10/29192 000218 10/29/92 000247 GLENHIES OFFICE' PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENN'IES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GRAY BAR ELECTRIC GRAY BAR ELECTRIC GRAY BAR ELECTRIC I~A RETIREMENT ICNA RETIREMENT ICNA RETIREMENT ICI4A RETIREMENT ]CIqA RETIREMENT ICNA RETIREMENT INSUPCO INSUPCO INSUPCO INSUPCO INSUPCO INSUPCO INSUPCO INSUPCO INSUPCO INSUPCO i INSUPCO INSUPCO INSUPCO IMSUPCO INSUPCO INSUPCO KIDS PARTIES, ETC.-. KIDS PARTIES, ETC. KIDS PARTIES, ETC. $TEV~ LEE FRAMING STEVE LEE FRAMING LUNCH & STUFF CATERING MARILYN'S COFFEE SERVIC PESTMASTER SERVICE CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS .ITEM DESCRIPTION SALES TAX Y7-38735-6 RODERTS RULE S1-P650 NECH PENCILS SALES TAX SUPPLY ORDER RECYCLED PRESSBOARD TAX OPEN ACCOUNT FOR OFFICE LD10E16-A PANDUIT TYPE FREIGHT TAX RETIREMENT DEPOSIT/OCT RETIREMENT DEPOSIT/OCT RETIREMENT DEPOSIT/OCT RETIREMENT DEPOSIT/OCT RETIREMENT DEPOSIT/OCT RETIREMENT DEPOSIT/OCT ALL FABRIC (BROWN) BENC HAND LEVEL (PEEP SIGHT) 12-VOLT TRICKLE METER 100 EA, 5/16-18 HX NUT 9-VOLT BATTERIES FACE SHIELD 6' ENG, RULERS TORPEDO LEVELS SAFETY GOGGLES A,C, THERMOMETER KNEE PADS POCKET 'SCALE RULE 100.' CLOTH TAPE TAX 12-VOLT TRICKLE METER A,C. THERMOMETER TAX PECREATION SUPPLIES FOR FREIGHT TAX PICTURE FRAME FOR A CIT TAX COUNCILHEIqBERS DINNER 1 COFFEE SERVICE; CITY HA R.O.V, SPRAYING ACCOUNT NLIiER 001-120-999-5220 001-120-999-5220 '001-120-999-5220 001-120-9~9-5220 001-150-999-5220 190-180-999-5220 190-180-999-5220 001-140-999-5220 320-199-999-5221 320-199-999-5221 320-199-999-5221 001-2080 100-2080 190-2080 300-2080 320-2080 330-2O8O 100-16/*-999-52/,2 100-164-99q-5242 100-164-999-52/.2 100-164-999-52/,2 100-164-999-52/.2 100-164-999-52/.2 100-164-999-5242 100-164-999-52/,2 1 O0 - 1 b~ -999 - 100-164-999-52/.2 100-164-999-52/.2 100-164-999-52/.Z 100-164-999-52/.2 100-164-999-52/.2 100-164-999-52/,2 190-180-999-5300 190-180-999-5300 190-180-999-5300 001-100-999-5250 001-100-999-5250 001-100-999-5260 001-199-999-5250 100-164-999-5/.02 ITEM A!4OUNT 1.28 18.95 22.08 3.18 20.05 45.80 3.55 24.78 89.76 2.~ 6.96 10,130.91 1,991.88 75.55 ~62.02 100.00 55 83.54 3 7.15 11.99 97.74 25.26 11.16 111.60 35.10 155.82' 51 111.60- 11.92- 381.60 15.00 29.57 129.95 10.07 66,00 53.55 939.83 PAGE 3 CHECK AI~IJNT 614.55 99.58 13,Z36.22 551 .(~ /*26.17 1/.0.02 66.OO 53.55 939.83 VOUCHRE2 PAGE 10/29/92 15: 53 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUNBER ITEM DESCRIPTZOR ACCOUNT NUNBER ITEM AI40UNT CHE~ AI4(X,INT 1219~ 10/16/92 000~2 12267 10/26/92 000669 12268 10/26/92 000669 12248 10/26/92 000669 CITY OF TENECULA - FLEX LEAGUE OF CAL.CITIES LEAGUE OF CAL.CITIE$ LEAGUE OF CAL.CITIES RJNDS INTO CITY REINB. AgAROS DINNER/10/28/92 AVARDS DINNER/10/28/92 Ai4ARDS DINNER/10128/92 0o1-!020 19o-18o-999-526o oo1-10o-999-52N) oo1-11o-~-526o 5,997.83 60.00 40.00 20.00 5,997.83 60.00 &O.O0 13004 10/29/92 MR. DENNIS FITZ & MS. H REFND OVER ASSI4NTS/FY 193-180-999-5526 268.86 13005 10/29/92 13005 10/29/92 13006 10/29/92 000106 13006 10/29/92 000104 13006 10/29/92 0001044 HENNING& KIRSTEN ALSTR HENNING& K]RSTEN ALSTR ABSOLUTE ASPHALT ABSOLUTE ASPHALT ABSOLUTE ASPHALT REFND/OVER ASSESSMNT Z REFND/OVER ASSI4ENT$ FY ~ POUNDS TENPORARY A.C 2 PALLETS NOT RETURNED TAX 191-180-9~9-5526 193-180-f99-5526 100-164-999-5218 100-164-f99-5218 100-164-999-5218 975.445 180.63 700.00 7.00 54.79 1,156.08 761.79 13007 10/29/92 000127 13000 10/29/92 000135 13008 10/29/92 000135 CALIFORNIAN CENTRAL CITIES SIGN GER CENTRAL CITIES SIGN SER LEGAL ADVERTISING FY 92 REPO. EXPO DELZENATORS TAX 001-120-~9-5256 100-164-~9-5244 100-1644-~99-524~. 54.21 398. O0 30.85 544.21 44?8.85 13009 10/29/92 0001442 COMSERCO 13009 10/29/92 0001442 CaqSERCO REPAIR gIRING;NDTORCYCL 001-170-999-5215 REPAIR glRING;NOTORCYCL 001-170-999-5215 215.00 90.00 305.00 13010 10/29/92 000165 FEDERAL EXPRESS EXPRESS NAIL/PACKAGES 001-161-~-5230 13011 10/29/92 O001T')' 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29t92 000177 13011 10/29/92 000177 13011 10129192 000177 13011 10/29/~2 000177 13011 10/29/92 000177 13011 10/29192 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 13011 10/29/92 000177 GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PiT GLENNIES OFFICE PROOUCT GLENNIES OFFICE PRODUCT GLENNZES OFFICE PRODUCT GLENNIE$ OFFICE PROOUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIE$ OFFICE PRODUCT GLENNIES OFFICE PiT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRDDUCT GLENNIE$ OFFICE PROOUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENN'IES OFFICE PRODUCT D3-653-YW MINI POST IT 03-6544-Yg REG 33(3 POST 03-655-Yg LG 3X5 POST I D3-659-YM JUMBO &X6 PO~ 01-5644-01 LIQUID PAPER 01-565-01 01'-710-01 JUST FOR 01-7447-01 F5-144113 UNIVERSAL LETT F5-12113 UNIVERSAL LETT DISCOUNT TAX K-7-50684 S11). 6-OUTLET 22-RR8512 REDI-RITE CLI N3-R20 gALL KEY RACK H3-116 KEY CASSETTE PG7 TAX PS-RBC&OOoBK ROTART BUS H3-BV (SLK) EXC. STEEL PASTEL 3M POST-IT lIENO DISCOUNT TAX BC MS11-BK BALLPOINT 6C NSll-BE BALLPOINT FC601443 PENCILS 001-163-999-5220 001-163-~-5220 001-163-999-5220 001-163-~-5220 001-163-999-5220 001-163-999-5220 001-163-9q9-5220 001-163-~-5220 001-163-~-5220 O01-163-~qq-5220 001-163-~-5220 001-163-~-5220 100-164,-~-5218 lO0-1&x,J~q-5218 I00-164-~-5218 100-166-999-5218 100-164,-qq9-5218 001-163-~9-5220 001-163-999-5220 001-163-~-5220 O01-163-~qg-5220 001-163-~9-5220 001-120-~;}-5220 001-120-V99-5220 001-120-f99-5220 16.45 144.75 10.08 60.440 10.56 6.65 13.00 13.08 136.88 M.O0 11.21- 22,21 18.71 19.87 11.22 6.51 28.05 38.75 31.30 17.51- 6.25 3.2~. 3.244 10.08 VOUCHRE2 10/29/92 15:53 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUI48ER 130Z3 13026 13024 130244 CHECK DATE 10/29192 10/29/92 10/29/92 10/29/92 VENDOR NUMBER 000262 000266 000266 000266 VENDOR MANE RANCND gATER R ] GNTMAY R I GNTUAY- R I GN TUAY [TEN DESCRIPTION 0131501111/08/25-09/Z~ 1 POleTABLE TOILET; VET. 2 PORTABLE TOILETS; MN PORTABLE .TOILET: NOV. 9 ACCOUNT IANBER 190-180-999-52Q3' 190-180-999-52M 190-180-999-5238 100-16&-999-5238 ITEN ANOUNT 667.66 57.39 229.55 57.39 CHECK ANOUNT 10,375.87 3AA.:33 13025 13025 13025 13025 10/29/92 10/29/92 10/29/92 10/29/92 000269 000269 000269 000269 RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY SOUZ3EP; CALENDARS TAX 6-DRAIdER FILE CABINETS TAX 001-120-999-5220 001 - 120-999-5220 001 - 160-999-5220 001 - 1440- 999- 5220 66.75 109.00 8.44.5 165.67 13026 13026 13027 13027 13027 13028 13028 13029 13029 13029 13029 13029 13029 13029 13029 13030 13031 13031 13032 13033 13033 13033 13033 13033 13033 13033 13033 13033 13033 13O33 13033 13O33 13033 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29192 10/Zg/gZ 10/29/92 10129192 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 I0/29/92 10/29/92 10/29/92 000291 000291 000307 000307 000307 000320 000320 000326 000326 000326 000326 000326 000326 000326 000326 000353 000358 OOO358 0OO36/. 00037~ 00037~. 00037~ 00037/. $PEE DEE OIL CHANGE & T SPEE DEE OIL CHARGE & T TENECULA TROPHY TEMECULA TROPHY TENECULA TROPHY TOVN CENTER STATIONERS TONi CENTER STATIONERS UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITIX; RENTAL SERVICE RIVERSIDE, COUNTY AUDIT DIXON, DAVID F. OIXON, DAVID F. GREEK, JUNE S. SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON .SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTNERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON REPAIR & NAINTENANCE;VE REPAIR & NAINTENANCE;VE OPEN P.O. FOR TROPHY AM ENGRAVED ONYX PAPERMEIG TAX OVER THE gALL MEN H TAX 2-SETS OF UNIFORNS; CLE 2-SETS OF UNIFORMS; CLE RENTAL OF ONIFORNS AND RENTAL OF. UNIFORMS Ale 2-SETS OF UNIFORMS; CLE Z-SETS OF ONIFONNS; CLE RENTAL OF UNIFORNS AND RENTAL OF UNIFORNS AND CORRECTIONS/QTRLY STATE TRAVEL REIlI./OCT. 92 TRAVEL REI!I.! N.Y. I0N TRAVEL REINB./OCT 92 557'712675/,304,/09/01-09 5//D650934402/09/03-10 5777565670102/09103-10 577756568O203/O9/O3-1Q 5/'/'r:~66332/.02/{)9/03-10 5777802A8903/O9/03-1Q/ 57777808744003/09/03-1Q 57777808744203/09/03-10 59774416008007/09/oa-lo 59774416230702/09/08-10 59774416/,50501/09/08-10 597779923380)/09/08-10/ 5977799251X03/091OR- 10 5977799330301/09/08-10 310-180-999-5216 310-162-999-52144 190-182-999-5300 001-100-999-5265 001-100-999-5265 001-162-999-5220 001-162-999-5220 1Q0-164-99~-5263 100-164-999-52443 190-180-999-5263 190-180-999-52443 100-164-999-5263 100-164-999-52443 190-180-999-52/.3 190-180-999-5263 190-180-999-5250 001-110-999-5258 001-110-999-5258 001-120-999-5258 193-180-999-52440 190-180-999-52440 193-180-999-52440 193-180-999-52/.0 193-180-999-52/.0 193-180-9~-52/.0 193-180-9~-52440 193-180-999-52440 191-180-999-55OD 191-180-999-5500 191-180-999-5500 193-180-999-52440 193;-180-999-52/,0 193-180-999-52440 22.449 22,449 25.86 4416.00 32.26 27.26 2.11 16.20 62.80 75.35 6.35 12.50 12.50 445. O0 13.60 78.21 51.97 33.00 12.10 13.60 12.91 12.80 13.53 13.02 12.91 12.91 126.03 13Q.32 1744.92 11.60 11.60 11.60 474.10 29.37 2442.30 10.00 1~0.18 :~.00 VOUCHRE2 PAGE 10/29/92 15:53 CITY OF TENECULA VOUCHER/CHECK REGISTER - FOR ALL PERIODS VOUCHER/ CHECK NUI4BER CHECK DATE VENDOR NUMBER VENDOR IdAHE ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK ANDUNT 130Z0 13020 13020 ,10/29/92 10/29/92 10/29/92 0002~8 000248 000248 PETROLANE PETROLANE PETROLANE OPEN PO FOR PETROLlIE OPEN PO FOR PETROLlIE 1~0-180-~-52&1 001-162-~-5263 1~0-180-~R-5263 5~.75 182.87 71.05 308.67 13021 13021 13022 10/29/92 10/29/92 10/29/92 000260 000260 000261 RAN-TEC RUBBER STAFF MF RAN-TEC RUBBER STNqP NF RANCHO BLUEPR|NT DOLILE-TIER NANEPLATE ( TAX NISC, BLUEPRINTS,,, ETC. 001 - 1(~-~-5220 001 - 163-t-5220 001-163-999-5268 15.20 1.18 6.81 16.38 6.81 13023 13023 13023 13023 13023 13023 13023 13023 13023 13023 13023 13023 13023 13023 1302,.3 13023 13023 '13O23 13023 13023 13023 13023 13O23 13023 13O23 13023 13O23 13023 13023 13023 13023 13O23 13023 13023 13023 130Z3 13023 13O23 13023 13023 13023 13O23 10/29/92 10/29/92 10/29/92 10/29/92 1 O/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/Z9/92 10/29/92 10/29/92 10/29/92 10/29/92 10129192 10/Z9/92 10/~9/92 10/29/92 10/29/92 10129/92 10/2V/92 10/2~/92 10/29/92 10/2~/92 10/2~/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10/29/92 10129192 10/29/92 10/29/92 10/29/92 10/29/92 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 00O262 O06262 0002~. 000262 000262 00O262 000262 000262 OOO262 O00262 000262 O00262 000262 000262 000262 00O262 OOO262 00O262 000262 O0O262 000262 000262 RANCHO WATER RANCHOWATER RANCHO WATER RANCHO WATER RANCHO MATER RANCHO MATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO MATER RANCHO WATER RANCNO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO MATER RANCII0 MATER RANCHO MATER RANDtO MATER 'RANCHO MATER tANClIO MATER RANCNO MATER RAMCHO WATER RANCHOMATER RANCNO WATER RANClIO WATER RANCNO WATER RANCNG WATER RANCNOMATER RANClIO WATER RANCNO WATER RANCHO WATER ItAliCNO MATER RANCNO MATER RANClIO MATER RANCNO WATER RANCNO WATER RANCNO MATER 0102450002/08/07-09/0~ 0104.010692/08/10-0~/10 0104.010802/08/10-0~/10 0?04040151/08/10-0f/10 010/,145110/08/10-0~/10 010/,620002/08/10-0~/10 0104,630852/08/10-09110 01062TZ003/08/11-09/11 0106279002/08/11-09/11 0107600092/08/12-09/14 0107&00771/08/12-09/14 0107600781/08/12-09/14 0107700732/08/12-09/14 0108000012/08/12-09/14 0108001511/08/12-09114 01105038~2/08/13-09/15 0110503852/08/13-09/15 0111700012/08/14-09115 0111700022/08/14-09/15 011170032/08114-091151 0111700092/08/14-09/15 0111702502/08/14-0~/15 0111.7q4051/08/14-0~/15 0115001012/08120-09117 0115015002/08/20-09117 0115030101/08/20-0~/17 0124000022/08124-0q/22 0124000152/08/24-0~/22 01240002'02/08/24-0~/22 01240(X)q~2/08/24-09122 0124006002/08/24-0~/22 0124007322/08/24-0~/22 012400~701/08/24-09/22 0124019181/08/24-0~122 0124025001/08/24-0~/22 0124029882/08/24-0q/22 01240398~1/08/24-0~/22 012403~902/08/24-0~/22 0124Z,&O(X)l/08/24-0q/22 012U,65001/08124-0~/22 0131170052/08/25-0'9/23 0131215012/08/25-0~/23 1~0-180-~-5240 193-180-~-5240 l~J- 180-f~j;-5240 191-180-9~-5240 191-180-~-52~0 1~-180-~-52&0 1~-180-~-52~0 191 - 180-~-52~0 190-180-~-52~0 1~- 1~-~-5240 1~- 1~-~-5240 190-1~-~-52~0 1~- 180-~-52~0 193-180-~-52~0 193-180-~-52~0 193-1~-~-52~0 193-180-~-52~0 19~- 180-~-52A0 193-180-~-52~0 193-180-~-52~0 19]- 1~-~-52~0 1~- 1~-~-52~0 193-1~-~-52~0 1~- 1~-~-52~0 19~-1~-~-52~0 1~1-1~-~-52~0 193-1~-~-52~0 193-1~-~-52~0 193-1~-~-52~0 193-1~-~-.52~0 1~- I~-~-52~0 1~- I~-~-52~0 193-1~-~-52&0 19~-1~-~-52~0 19~- 1~-~-52~0 193-1~-~-52~0 1~- 1~-~-52~0 1~- 1~-~-52~0 1~-1~-~-52~0 1~- 1~-~-52~0 193-1~*~-52~0 1~-1~-~-52~0 589.72 26.28 41.21 81.64 29.01 125.06 225.14 146.&8 125.04 400.14 532.11 484.10 43.47 560.17 · 238.85 129.27 75.39 136.99 124.80 229.60 190.20 371.03 89.58 510.~5 199.94 101.00 300.32 535.31 67.47 59.67 184.29 362.17 921.59 176.79 45.65 240.40 182.41 257.35 189.13 VOUCHRE2 10/22/92 15:17 CiTY OF TENECULA VOLtHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NIJHBER M DESCRIPTION NUMBER 12239 IO/ZZ/gZ 000627 RELISSA DATA CORP FREIGHT 12239 10/22/92 000627 ItELISSA DATA CORP TAX 12240 10/22/92 000642 CITY OF TENECULA - FLEX 000~2 ~0-1~-999-5~1 ~0-1~'-999-5~1 CHILDCRR. 001-1020 12241 10/22/92 000~4~ AHERICAN SOCIETY OF CIV MEMBERSHIP'DUES 92-~J 12242 10/22/92 000~5 SMART & FINAL CANDY/HALLOIJEEN PROGRAM 1~0-183-941-5)00 12243 10/22/92 O00b~6 NATOA MEHEERSHIP RENEMAL 001-110-~-5226 12244 10/22/92 O00b~7 DEPT. OF CONSUHER AFFAi CPA LIC. REHE~/AL 12245 10/22/92 000(~9 NUNOZ, SAL J. LEAGUE OF CAL. CONFEREN 001-100-9~-5258 12246 10/22/92 000653 LUCKY STORE REFRESHMENTS/LUNCH SEN] 190-183-937-5300 TOTAL CHECKS AIqOUNT 7,00 3~.41 300.00 145,00. 200.00 275.00 200.00 48.48 122.97 PAGE CHECK AMOUNT 485.~,1 300.00 145.00 200.00 275. O0 200. O0 48.48 122.97 ~4,2~8.53 VOUCHRE2 10/29/92 15:53 CITY OF TEIECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND T ! T LE 001 GENERAL FUND 100 GAS TAX FUND 190 COIIIIITY SERVZCES DISTRICT 191 TCSD ZONE A 193 TC$I) ZONE C 210 CAPITAL ZIqPROVENENT PROJ FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORNATION SYSTEIqS 330 COPY CENTER FUND TOTAL AIIOUNT 25,483.50 3,380.16 7,245.21 6,590.67 8,353.91 6?8.8,4 ?5.55 286.95 2,866.16 IO0.OQ 55,060.95 VOUCHRE2 CITY OF TEMECULA 10/29/92 15:53 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NU!IER NAME DESCR]PTIOR NUMBER ITEM AMOUNT CHECK AMOUNT 13033 10/29/92 000374 SOUTHERN CALIF EDISON 59~02/0~/08-10 1f3-180*~F~-5240 13033 10/29/92 000374 SOUTHERN CALIF EDISON 59~03/0~/08-10 1~-180-~-5240 13033 10/29/92 000374 SOUTHERN CALIF EDISON 5977802~1403/0~/08-10 1~-180-~-5240 13033 10/29/92 000374 SOUTHERN CALIF EDISON 5977805102103/0~/08-10 lf~-lBOJF~-5240 13033 10/29/92 000374 SOUTHERN CALIF EDISON 5977805542303/0~/08-10 lf~-180-~-5240 13033 10/29/92 000374, SOUTHERN CALIF EDISON' 607'7411001102/0~/0~-10 13033 10/29/92 000374, SOUTHERN CALIF EDISON 60T/%1110~30~/0~/0~-10 190-180-~-5240 13033 10/29/92 000374, SOUTHERN CALIF BISON 607741110~03/0~/0~-10 1~j~-180-~-5240 13033 10/29/92 000374, SOUTHERN CALIF EDISON 607741110~503/0~/09-10 lfJ-180-~-5240 13033 10/29/92 000374, SOUTHERN CALIF EDISON 6077411764902/0~/0~-10 13033 10/29/92 000374 SOUTHERN CALIF EDISON 6077/*11767003/O~/O~-lb 11.60 11.60 12.93 11.60 11.60 11.60 11.60 11.60 11.60 11.60 11.60 698.58 13034, 10/29/92 000375 SOUTHERN CALIF TELEPHOR 7142871~8401SEPTENEER O01-163-ggg-5208 13034, 10/29/92 000375 SOUTHERN CALIF TELEPHON 7142924020/SEPT. 92 190-180-999-5208 13034, 10/29/92 000375 SOUTHERN CALIF TELEPHON 71/*-345-7/*18-SEPTEHBER 190-180-999-5208 13034, 10/29/92 000375 SOUTHERN CALIF TELEPHON 714,34574,19/SEPT 92 001-162-999-5208 13034, 10/29/92 000375 SOUTHERN CALIF TELEPHON 714,-34574,19/SEPTEMBER 001-162-999-5208 13034, 10/29/92 000375 SOUTHERN CALIF TELEPHON 714:34574,21/SEPTEMBER 001-163-999-5208 13034 10/29/92 000375 SOUTHERN CALIF TELEPHOR 714~693436/SEPTEMBER 001-163-999-5208 13034 10/29/92 000375 SOUTHERN CALIF TELEPHON NO SERVICE IN THE MONTH 001-14,0-999-5208 13034 10/29/92 000375 SOUTHERN CALIF TELEPHON 71434934371SEPTEMBER 001-161-999-5208 118.39 60.65 126.63 64.80 51.37 52.56 51.45 35.00- 52.24, 543.09 13035 10/29/92 000387 CAREER TRACK SEMINARS M RECEPTIONIST TRAININGIN 001-161-999-5258 ~.00 ~4.00 13036 lo/29192 00c)~o3 SNAI~N SCOTT POOL & SPA POOL SERV. SEPT. 92 190-180-999-5212 810.00 810.00 13037 10/29/92 000406 RIVERSIDE COUNTY SHERIF EXTRA LAU ENFC)~CE/RAINB 001-170-999-5288 807.09 807.09 13038:0129192 000/,26 RANCNO INDUSTRIAL $UPPL NISC CLEANING/BATHRCX]I4 001-199-999-5242 13038 10/29/92 000426 RANCNO INOUSTRIAL $UPPL OPEN ACCOUNT FOR JANITO 001-199-999-52/.2 13038 10/29192 000426 RANCHO INDUSTRIAL StJPPL OPEN ACCOUNT FOR JANITO 001-199-999-52/.2 13039 10/29192 ~6 ENHANCED C:~ICATIONS 700]j~OI~IJ-E'k~ALL'MDUNT 3~0-'199-999-5721 13039 10/29/92 (XO/*~6 ENHANCED CCIIIJNICATIONS FREIGHT 320-199-999-5~21 130~0 10/~9/92 000~72 PARADISE CHEVROLET REPAIR FOR BUILDING & S 310-162-999-5214, 181.36 66.62 188.30 11.00 2/*,1.97 43~. 28 71.00 24,1.97 13041 10/29/92 000503 INFORI4ATIOR FOR MLIC CA LEG & REG NETgORK RE 320-199-999-5228 /, .20 13042 10/29/92 000507 EVERYTHING FOR VINDOVS LESS DEPOSIT 001-1~9-999-524,2 13042 10129192 000507 EVERYTHING FOR WINDOk/S NAVY CURTAIN FOR lOkad A 001-199-999-524,2 13042 10/29/92 000507 EVERYTHING FOR WINDOI,6 TAX 001-199-99q-524,2 673. O0 - 1,346.00 52.15 725.15 13043 10129192 000537 SOUTHERN tJI, LIFORNIA EDI 43770?7138302/08/31-0~ 191-180-999-5500 13043 10/29/92 000537 .~XJTHERN CALIFORNIA EDI 4,3r70771/,6502/08/31-09 191-180-999-5500 13043 10/2'9/92 000537 SOUTHERN CALIFORNIA EOI 4,3770771/,6602/08/31-09 191-180-999-5500 13043 10/29/92 000537 $OIJTNERN CALIFORNIA EDI/,3770T/'1/,6r02/08/31-1N 191-180-999-5500 13043 10/29/92 000537 SOUTHERN CALIFORNIA EOI/.3770rr383802/09/01-09 191-180-999-5500 13043 10/29/92 000537 SOUTHERN CALIFORNIA EOI 43770T7'510502/08/31-09 191-180-999-5500 13043 10/29/92 000537 SOUTHERN CALIFORNIA EOI 4,377077515702/08/31-09 191-180-999-5500 13043 10/29/92 000537 ~3UTHERN CALIFORNIA EO!/,3770r7515802/08/31-09 191-180-999-5500 36.T3 37.77 18.59 19.9/, 26.73 36.61 35.96 VOU(:HRE2 10/29/92 15:53 VOUCHER/ CHECK CHECK NUHBER DATE 130~3 10/29/92 130~3 10/29/9~ 130~3 10/~9/92 130~3 10/29/92 130~3 10/Z9/92 1304.3 10/29/92. 130~3 10/29/9Z 130~3 10/29/92 130/,3 10/29/92 130~3 10/29/92 130~3 10/~9/92 130~3 10/~9/92 13043 10/29/92 130~3 10/29/9Z 130~3 10/29/92 130~, 10/29/92 130/,5 10/29/92 130A6 10/29/92 13047 10/29/92 130/,8 10/29/92. 130~9 10/29/92 130~9 10129192 130A9 10/29192 130~9 10/29/92 130~9 10/29/92 13050 10/29/92 13051 10/29192 13051 10/29/92 13051 10129192 13052 10/29/92 13053 10/29/92 13054 10/29/92 13055 10/29/92 13056 I0/29/92 13057 10/29/92 13058 10/29192 :'~3059 10/29/92 VENDOR NUMBER 000537 (300537 000537 000537 000537 000537 000537 000537 00053? 000537 000537 000537 000537 000537 000537 000545 000558 000583 00059~ 000603 000618 000618 000618 000618 000618 000637 000639 000639 000639 0006/.0 000656 OOO665 OOO667 00066~ VENDOR NA/4E SOUTHERN CALIFORNIA EDI SOUTHERN. CALIFORNIA SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA ED[ SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA ED! SOUTHERN CAL]FORNIA SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA PAC TEL CELLULAR - S.D. ADVANCED MO!!ILCONM RANCHO RUNNERS KRTM FN RADIO CABLE & WIRELESS CONNUN TRIGG INDUSTRIES UEST, TRIGG INDUSTRIES UEST, TRIGG INDUSTRIES IJEST, TRIGG INDUSTRIES ',JEST, TRIGG INDUSTRIES MIST, BLACK VOICE NEt'S, THE BELL BLUE PRINT COMPANY BELL BLUE PRINT COMPANY BELL BLUE PRINT COMPANY WINDMILL, THE TEMPLETON PLANNING GROU U.S. HOME CORP. NY BUODIES PIZZA P.A.P.A. TileIT D. PROOUCTIONS BUY RECYCLED CAMPAIGN CALIF.CONTRACT CITIES A CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ACCOUNT NUMBER &3T/077515902106/31-09/ 4377077516002/08/31-09 ~3T/07'/516102/08/31-09 4,37/077516202/08/31-09 43770T/518502/08/31-09 43770T/524~01/06/31-09 43770T/526902/08/31-09 437707'/~27002/08/31-09 43770/'/5~202/08/31-09 437707753~702/08/)1-09 43770775)~901/08/)1-09 4377077535002/08/31-09 4377077560001/09/01-09 4377077650002/08/31-09 4377077650601/08/31-09 191-180-999-5500 191-180-999-5500 191-180-999-55OO 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 191-180-999-5500 CELLULAR PHONE-SEPTEMBE 001-140-999-5208 MONTHLY ELSINORE BASE u' 001-199-999-5209 MESSENGER SERVICE; DAIL 001-140-999-5210 ADVERTISEMENT 190-183-941-5300 LONG DIST. SERVICE 9/16 320-199-99q-5208 #1302 - 1/4" id - 360'/ #117'~ ROAD TUBE GRID (C #1101-PK MASONRY NAILS FRE l GNT TAX NOTICE INVITING BIDS C$ 001-163-999-5610 001-163-999-5610 001-163-999-5610 001-163-999-5610 001-163-999-5610 oo1-12o-Wg-szs6 BLUEPRINTS BLUEPRINTS; SENIOR CENT BLUEPRINTS; SENIOR CENT 210-199-801-580~ 210-199-801-580~ 210-199-801-580~ NALLCNEEN EQUII~IENT & S loo-18~-9~-5300 PREPARATiON OF (13 1000 OO1-199-Q99-522~ REFUND/OVERPMT PLN CHEC 001-2660 PIZZA AND SOOAS/HAUNTED 190-183-9~1-5300 PESTICIDE TRAINING SEMI 190-180-999-5258 SOUND SYSTEM/HAUNTED HO 190-38~-941-5300 PURCHASE OF RECYCLING G OO1-140-999-5228 MEMBERSHIP DUESI'FY 92/OO1-110-999-5226 ITEM AMOUNT 41.06 38.91 39.62 38.6~ 41.12 94.52 37.06 36.03 27.34 82.50 20.13 26.&4 3,983.51 39.24 25.73 8~.10 195.30 157.50 200.00 2,229.36 ~2.80 57.00 33.00 19.25 41.29 152~10 407.30 135.rr 135.77 186.6~ 3,050.00 128.64 174.56 35.00 175.00 24.95 4OO.OO PAGE ? CHECK AMOUNT 4,825.62 8L10 195.30 157.50 200.00 2,229.36 593.3~ 152.10 678.8/, 186.64 3,050.00 128.64 174.56 35,00 175.00 24.95 4OO.O0 'TOTAL CHECKS 55,060.95 VOUCHREZ 10/29/92 17:03 CITY OF TEMECULA VIXJCHER/CHECK REGISTER FOR ALL PERZOOS PAGE VOUCHER/ CHECK NUMBER 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13102 13103 13104 13104 13105 13105 13106 13106 13106 13106 13106 13106 13106 13106 13106 13106 13106 13106 13106 13106 13106 13106 1310~ 13106 13106 13106 13106 13106 13106 13106 13106 CHECK DATE 11/10/92 11/10/92 11/10/92 11/10/~2 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11110192 11110192 11110192 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11110192 11/10/92 11/10192 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 VENDOR NUMBER 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000235 000240 000251 000251 000257 000257 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 000285 VENDOR NANE OCBREPROGRAPHIC$ OCB REPROGRAPNIC$ OCB REPROGRAPHIC$ OCB REPROGRAPHICS OCB REPROGRAPRICS OCB REPROGRAPHICS OCB REPROGRAPNIC$ OCB REPROGRAPH]C$ OCB REPROGRAPHIC$ OCB REPROGRAPHICS OCB REPROGRAPHICS OCB REPROGRAPHICS OCB REPROGRAPHICS OCB REPROGRAPHICS OCB REPROGRAPHICS OCB REPROGRAPNICS OCB REPROGRAPHICS ORANGE COUNTY STRIPING PLANNING CENTER° THE PLANNING CENTER, THE RANTEK RAHTEK SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SiR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SiR SPEEDY SIR SPEEDY ITEM DESCRIPT]OR PRINTING COSTS FOR DES[ PRINTING COSTS FOR DESI PRINTIll COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING CO~TS FOR DES! PRINTING COSTS FOR DES] PRINTING COSTS FOR DESZ ,PRINTING COSTS FOR DES] PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DESI PRINTING COSTS FOR DES/ PRINTING COSTS FOR DESI PR]NTING COSTS FOR DESi PRINTING COSTS FOR DESI CITY WIDE STENCILING & PREPARATION OF THE CiTY PREPARATION OF THE CITY DRAINAGE CLEANING FY 92 STREET MAINTENANCE, STR B,q,r LETTERHEAD (17,500 Bled LETTERHEAD (17,500 B/k/LETTERHEAD (17,500 B/~ LETTERHEAD (17,500 B/I LETTERHEAD (17,500 B/'l~ LETTERHEAD (17,500 B/V LETTERHEAD (17,500 B/W LETTERHEAD (17,500 B/W ENVELOPES (LOGO-19, B/i~ ENVELOPES (LOGO-19, H/W ENVELOPES (LOGO-19, B/W ENVELOPES (LOGO*19, B/~ ENVELOPES CLOGO-19, B/W ENVELOPES (LOGO-19, G/W ENVELOPES B/W ENVELOPES (LOGO-19, BIW ENVELOPES (LOGO-19, WHITE ENVELOPES; (LOGO- TAX TAX TAX TAX TAX TAX TAX ACCOUNT NUMBER 250- lfO- 12~-5802 250-1~0-12~-5802 250-190-12~-5802 250-1~0-12~-5802 250-1~0-12~-5802 250-1~0-12~-5802 250-190-12~-5802 230-190-12~-5802 230-1~0-12~-5802 250-190-12~-5802 250-190-129-5802 250-190-12~-5802 250 - 190 - 129 - 5802 250-1~)- 129-5802 250-190-12~-5802 250-1~0-12~-5802 250-1~0-12~-5802 100-164-~-5410 001-161-~-52A8 001-161-~;~-5248 100-164-~-5401 100-164-qq~-5402 001-163-99~-5220 001-150-~-5220 001-110-~-5220 001-162-~-5220 001-120-~-5220 001-161-~;X;)-5220 1~0-180-~-5220 001-160-~-5220 001-i63-~-5220 001'150-~<~-5220 001'110-~-5220 001-162-999-5220 001'120'~-5220 001-161-~-5220 190-180-~;~-5220 001-140-~99-5220 001-140-~-5220 001-150-~-5220 001-162-~-5220 001-1&l-~-5220 001-150-~-5220 001-110-99~-5220 001-120-~-5220 001-161-~-5220 001-140-99~-5220 ITEM AMOUNT 19.50 19.50 205.53 21.12 16.98 16.76 39.87 19.50 19.50 29.74 8.05 19.50 22.63 11.58 15.62 16.10 39. O0 57,~82.20 5,086.02 1,958.69 4,088.93 1,191.09 62.58 62.58 83.44 62.58 83.~4 83.M, 188.~ 103.20 1~.56 32.76 98.28 65.52 131.~ 65.53 491.60 163.80 .11 36.50 9.93 20.07 10.22 14.07 16.61 11.54 20.77 CHECK 2,476.81 57,982.20 7,044.71 5,280.02 VOUCHRE2 PAGE 10/29/92 17:03 VOUCHER/ CHECK NUHIIER 13106 13106 13106 13106 13106 13107 13107 13107 13107 13108 13109 13109 13109 13109 13109 13109 13109 13109 13110 13111 13112 CHECK DATE 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11t10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11/10/92 11110192 11110192 VENDOR NLNBER 000285 000285 000285 000285 000285 0007/,1 000:5/,1 0003/.1 0003/.1 ooo/*:r~, 000474 000474 000474 000474 000474 000474 000474 000474 000500 000539 000662 SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY MILLDAN ASSOCIATES MILLDAN ASSOCIATES MILLDAN ASSOCIATES MILLDAN ASSOCIATES SIERRA CONPUTER SYSTENS ARBOR-PRO TREE SERVICE ARBOR-PRO TREE SERVICE ARBOR-PRO TREE SERVICE ARBOR-PRO TREE SERVICE ARBOR-PRO TREE SERVICE ARBOR-PRO TREE SERVICE ARBOR-PRO TREE SERVICE ARBOR-PRO TREE SERVICE DALET & HEFT ATTORNEYS MINHER YAMADA ASSOCIATE JACKSON MILDERS GROUP CiTY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS .ITEN DESCRIPTION TAX BUILDING PERNITS (1OOO CONTIRUOUS FORI4 (RECKIP TAX TAX PRO. SERV. JUNE 92 PRO. SERV. IqARCH 9~ PRO. SERV. APRIL 92 PRO, SERV, NAY'92 PERMIT SOFTMARE PACKAGE TRIN 85 TREES OR JEFFER REHOVE 11 TRESS ON JEFF GRIND OUT 16 STUMPS ON RENOVE 1 TREE OR LA SER TRIN 1 TREE ON LA $EREN GRIND OUT 1 STUMP OR LA REHOVE 1 TREE/*3060 AGE GRINDOUT 1 STUMP PRO. SERV. JUNE-SEPT· 9 CONTRACT FOR gINHER YAH PEACS TRAINING/REF: PO ACCOUNT NtIiER 190' 180~'999'5720 001 '162'999'5222 001'140'999'5~22 001'162'999'5222 001'1/,0'999'5222 001'2020 001'2020 001'2020 001-2020 O01-163-~*5&&O 100-164-999-5/*02 100-164-999-5/*02 100-164-999-5/*02 100-16/*-999-5/*02 100-164-999-5/.02 100-164-999-5/.02 100-164-999-5/.02 100-164-999-5/.02 300-199-999-5205 250-190-120-5802 001-150-999-5258 [TEN' ANOUNT 52.69 255.50 38.72 19.80 10,906.00 12,65/*.00 12,692.00 9,690.00 3,?/.1.78 2,550.00 560.00 /*00.00 165.00 100.00 50.00 150.00 25.00 3,237.83 1/*,852.03 1,500.00 CHECK ANOUNT 3,7/.1.78 /*,000.00 3,237.83 1/*,852.03 1,500.00 TOTAL CHECKS 215,281.30 ITEM NO., 4 TO: FROM: DATE: SUBJECT: APPROVAl. CITY 'ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer~'~ November 10, 1992 City Treasurer's Report as of September 30, 1992 RECOMMENDATION: That the City Council receive and file the City Treasurer's · report as of September 30, 1992. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required-by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of September 30, 1992. FISCAL IMPACT: None A'I'i'ACHMENT: City Treasurer's Report as of September 30, 1992 City of Temecula City Treasurer's Report As of September 30, 1992 Cash Activity for the Month of September: Cash and Investments as of September 1, 1992 Cash Receipts Cash Disbursements Cash and Investments as of September 30, 1992 $ $ 15,369,663 1,871,977 (1,151,573) 16,090,067 Cash and Investmems Portfolio: Type of Investment Institution Yield Petty Cash N/A N/A Demand Deposits Security Pacific N/A Benefit demand deposits Security Pacific N/A Treasury Service Shares Pacific Horizons 3.020% Deferred Comp Fund ICMA N/A Local Agency Investment Fund State Treasurer 4.760% Balance 800 (78,718) (12~ 261,372 218,428 15,688,312 16,090,067 (1) (1) (1)-Th~s mount includes outstanding checks. Per Government Code Requirements, this Treasurer's Report .is in compliance with ~he Cm/of Temecula's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the Cm/ of Temecula. Prel~ared by Carole Serfhng, Senior Accountant ITEM NO. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mary Jane Henry, Finance Officer DATE: November 1 O, 1992 SUBJECT: Temecula Valley Balloon and Wine Festival Foundation Loan Re-Payment Terms RECOMMENDATION: That the City Council approve the loan re-payment terms as proposed by the Temecula Valley Balloon and Wine Festival Board of Directors. DISCUSSION: When the City Council approved a loan to the Temecula Valley Balloon and Wine Festival Foundation, the motion indicated that the $25,000 loan need not be re-paid if the Festival did not make money. According to Kelli Heald, General Manager of the Festival, the Festival did not make a profit, however, the Board of Directors desires to repay the loan in $5,000 installments over five years beginning in May 1993. Attachment: Temecula Valley Balloon and Wine Festival Foundation, Letter of request for loan re-payment terms B I. ES'I IVA I, Tradition Since 1983' November3, 1992 Mr. Dave Dixon City of Temecula 43174 Business Park Dr. Temecula, CA 92590 Dear Mr.. Dixon: On behalf of the Board of Directors of the Temecula Valley Balloon & Wine Festival Association, I would like to once again thank the City of Temecula for its generous contribution to the 1992 Festival. Unfortunately, the Festival was not profitable so we are unable to make the full repayment of the $ 25,000 loan at this time. The Association would like to offer to pay the City of Temecula $ 5,000 a year for five years. The payment would be made prior to the Festival each year, with the first payment occurring in X993 and the last payment in 1997. The Association's intention is to repay the loan prior to 1997 should it be in a financial position to do so. We hope this payment schedule will be acceptable to the City. If you have any questions please don't hesitate to call me. · Sincerely, Kelli Heald General Manager 27475 Ynez Road. Suite 335 · Temecula. CalifOrnia 92591 · ~714} 676-4713 ITEM NO. 6 APPROVAT. CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT· TO: FROM: City Manager/City Council Mary Jane Henry, Finance Officer DATE: November 10, 1992 SUBJECT: Purchase of City Vehicles Prepared by: Grant M. Yates, Senior Management Analyst RECOMMENDATION: That the City Council award the purchase of two vehicles to Schumacher Auto Sales. DISCUSSION: The Public Works Department budgeted for the purchase of two, two door extended cab, four-wheel drive pick-up vehicles. These trucks are required because the Public Works Department has hired one new Construction Inspector and the Street Maintenance Supervisor is driving his personal vehicle for City business. In accordance with the City's purchasing ordinance, staff sent out a sealed bid package to 16 vendors. and placed advertisements in local papers. There were a total of four bids received: Dealer Name ~uoted Price Fuller Ford (Chula Vista) Schumacher Auto Sales (Temecula) Rancho Chrysler Dodge (Temecula) Toyota of Temecula Valley $16,331.67 $16,332.64' $17,640.15' $18,584.48 * These bids are the cost for one truck. · This price reflects 1% sales tax discount for Temecula vendors. Based upon the results of the bids, staff is recommending that the City Council award the bid to Schumacher Auto Sales of Temecula. Fuller Ford's bid is lower by 97 cents per truck, however the delivery time is substantially greater, minimum of 60-90 days, where Schumacher is guaranteeing delivery. within 60 days. Our past ~lealings with Schumacher indicate that this time frame will be met. The delivery time is very important because we'are fast approaching the rainy season and need to have our Public Works staff equipped to deal with the changing weather conditions. These bids were advertised asking dealers to bid on gasoline powered and factory installed methanal vehicles. Staff asked for a bid on methanal because these vehicles have a fuel sensor installed which allows the vehicle to operate on either gasolineor methanal. In addition, the County of Riverside has a methanal fueling site located at the Southwest Sheriff's Station. However, there were no bids received for the methanal fueled vehicles. To date, the City has converted one-third, five out of fifteen, of its fleet to propane. In regards to this purchase, staff is recommending that these vehicles remain gasoline powered. Vehicles that are converted to propane are located in the departments of Building and Safety and Community Services. These departments generally work normal business hours and their work is often times scheduled which makes it convenient to obtain fuel at a central fuel site. Public Works employees are required to work wherever there is a problem in the street and this makes it important, and more productive that these employees have the flexibility to fuel their vehicles at the location closest to the job site. Staff is aware of and supports the Council's desire to become a leader in operating alternative fueled vehicles. Staff recently met with Southern California Gas Company and the Temecula Unified School District to discuss the possibility of building a Compressed Natural Gas (CNG) fueling site at the new high school facility. This option may be available to the City by 1994. In addition, Southern California Edison will be providing staff with a demonstration of electrical powered vehicles. These options. along with the propane program, will allow the City to become a leader in the use of alternative fueled vehicles in the future. FISCAL IMPACT: The total cost of the purchase is $32,995.24. Funds for this purchase are budgeted in the Vehicle Internal Service Fund. ITEM NO. 7 APPROVAL ,~_~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer November 10, 1992 Department of Water Resources Urban Streams Restoration Grant for the Restoration of Murrieta Creek RECOMMENDATION: Staff recommends that the City Council: Review and approve the proposed $75,000 budget and time line for the work associated with the Urban Streams Restoration Grant for the restoration of Murrieta Creek. , Appoint a member of the Council to serve on the Committee for Sound Development of Murrieta Creek as established through the Grant Work Program. Approve an expenditure of $25,000 from the Public Works Drainage Facilities Maintenance Account No. 100-164-999-5401 to fund additional work in excess of the grant amount of $50,000. BACKGROUND At the regular City Council Meeting of February 11, 1992, Resolution No. 92-06 endorsing an application for an Urban Streams Restoration Grant for the restoration of Murrieta Creek, as prepared by representatives of the Union for a River Greenbelt Environment (U.R.G.E.), was adopted.. The Resolution authorized the City Manager to accept the grant if offered and sign a contract for administration of the grant funds; authorized the City Engineer to coordinate a work plan, and authorized the Finance Officer to submit invoices to the Department 'of Water Resources for activities carried out under the work plan. Subsequently in May 1992, the State of California Department of Water Resources awarded the City of Temecula, along with our co-sponsor, U.R.G.E., a grant in the amount of $50,000 for the restoration of Murrieta Creek. However, prior to funds being made available, the attached contract must be signed and a work plan prepared that addresses a time line, a budget, and a description of the work to be done. Attached for your review is a budget and a work plan prepared by representatives of U.R.G.E. The work plan proposes the creation of a seven member committee known as the "Committee for Sound Development of Murrieta -1- pwO1%egdrpt%92%11 lO~treem.grt 1030b Creek", and consists of four members of the Board of Directors of 'U.R.G.E., two City Staff members as appointed by the City Manager (Public Works Director and Community. Services Director), and a member of the City Council to manage the grant funds. The Department of Water Resources will only fund items included in the work plan and will not authorize any payments for in-channel work until the appropriate permits have been obtained. The work plan as proposed includes the construction of a table top model, a creek cleanup day on November 14, and construction of a demonstration site. It is anticipated that the proposed demonstration site will involve the area adjacent to the Main Street Bridge on the east side of Murrieta Creek and will conceptually follow the design alternatives presented in the report entitled "Management Alternatives for the Upper Santa Margarita River Watershed" as prepared by the Graduate Study Program at California Polytechnic University, Pomona. The budget and work plan have received verbal approval from the Department of Water Resources. U.R.G.E. is also requesting that the City of Temecula fund an additional $25,000 to cover the cost of a study involving the placement of retention/detention basins, rock for any proposed gabion structures, and any necessary grading and surveying. U.R.G.E. has already engaged the services of a consultant to Conduct a study involving the placement of retention/detention ponds and a report is expected shortly. FISCAL IMPACT: Adequate funds are available in the Public Works Drainage Facilities Maintenance Account No. 100-164-999-5401. ATTACHMENTS: 1. Resolution 92-06 2. Work Plan/Budget 3. Sample Design Standard 4. 'Grant Contract -2- pwO1\egdrpt~92~11 lO~etreem.grt 1030b RESOLUTION NO. 92-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING AN APPLICATION .FOR AN URBAN STREAMS - RESTORATION GRANT,. CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT. WFFEREAS, the California Department of Water Resources, Division of Local Assistance Urban Stream Restoration Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the Union for a River Greenbelt Environment (U.R.G.E.) has proposed to cosponsor a grant application .with the City of TemeCula; and WHEREAS, the City Council of the City of Temecula has concluded the project proposed for funding with grant funds would be environmentally-beneficial and categorically- exempt from requirements for environmental document preparation under one or all of the following exemptions: Class 1, 2, 4, 6, 7 or 8; WHEREAS, the prospects of receiving such a grant are Considered to be reasonably likely. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City Of Temecula as follows: SECTION 1. The City approves the joint application with the Union for a River Greenbelt Environment (U.R.G.E.) for an Urban Streams Restoration Program grant. SECTION 2. If offered such a grant, the City Council authorizes the City Manager to accept the grant and sign any contract for administration of the grant funds, The City Engineer to coordinate a work plan for the project, and the Finance Officer to submit invoices to the Department of Water Resources for activities carried out under the work plan for the grant contract. 2\Re, sos\92-06 SECTION 3. The City C!erk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED-this 1 lth day of February, 1992. ATTEST: City Clerk [SEALI STATE OF CALIFORNIA) COUNTY OF 'RIVERSIDE) CITY OF TEMECULA ) SS 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 1 lth day of February, 1992 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz Parks' NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None . Greek, City Clerk 2\Resos\92-06 Pedestrian Paths, Light Indu-, ,-~ .:,~, . Development ~...~ .,~ .,~ic3jcle Path--~,~ "' ,~,'?' Ponaing . Area Handicap Access Footbridge- High Density~, ~'~'~ Residential Civic Areas Creek Upper Santa .%farganta River Watershed Project ,/./""~~ Passive Recreation Area: /C7..mmercial Devel / '/' O_~utdoor'R'etail Carts ,/ :k . Areas Development. opment Creekbed Access N Aqreement ~o. ~-60111 BTATB OF CALZFORNZA THE REBOURCB8 AGENCY DEPARTMENT OF WILT~R R~BOUR~BB COrReCT BBEIrKBN~B] BTATE OTa3~ZFOR~Z~ DBPXR~!~3Er OF rA~BRR~SOUR~BS XUD ~he Un4on for a River Greenbelt ~nvironm~-t and the Cit7 of T~meoula' UNDER THE URBAN CREEK REBTOIt~TZON/tNDFLOOD COIFrROL ACT THIS AGREEMENT is made and entered into on October 1,199~ between the Department of Water Resources of the State of California, hereinafter called the State, and The Union for a River Greenbelt Environment and the City of Temecula, hereinafter called the Grantees, which parties do hereby agree as follows: 1. Purpose. The purpose of this Contract is to provide Urban Creek Restoration Program grant funds for the planning and/or execution of a watershed stabilization and flood damage reduction project, as provided for by California Water Code Section 7048. Grantees agree to use the' property acquired, developed, rehabilitated or restored with the grant funds for the purposes set forth in the California Wildlife, Coastal and Park Land Conservation Act of 1988 (California Public Resources Code Sections 5900-5938). 2. Grant Amount. Subject to the availability of funds, the State shall provide a grant in the amount of $50,000.00 to the Grantees to assist in financing the urban creek protection, restoration and enhancement project to be carried out as described in paragraph 3 below. 3. Grantees Responsibilities: A. The Grantees shall implement on-site work to be'performed as specified in .the attached Work Plan developed by the Grantees' Project Manager with the assistance'of the Project Manager(s) for the State. This Work Plan is a part of this Contract. B. The Grantees shall develop a program to manage streambank stabilization, stream channel environment and watershed for the purpose of reducing damages from erosion and/or floods and improving the environmental values of the riparian environment. Development of this management program is provided for in the attached Work Plan. C. Grantees are solely responsible for design, construction, operation and maintenance of the project. Review or approval of plans, specifications, bid documents or other construction documents by the State is solely for the purpose of proper administration of grant funds by the State and shall not be deemed to relieve or restrict the Grantees' responsibility. Any planning and design assistance provided to the Grantees by the State is provided pursuant to California Water Code Section 7048 and is not governed by the'terms of this Contract. 4. Report. Upon completion of the project, the Grantees shall submit a written report which contains: (1) a description of conditions before the project was executed, (2) a description of the restoration and planning techniques used, (3) a description of the results of the project, and (4) an analysis of the techniques used. The report must include photographs of planning and restoration activities and techniques. 5. Term of Contract. The term of this Contract will begin on October 1.1992and extend through October 1o. 1~93 6. Maintenance. The Grantees-agree to maintain and operate the property acquired, developed, rehabilitated or restored with the grant funds provided in this agreement in perpetuity. The Grantees or its successors may, with the approval of the State, transfer this responsibility to maintain and operate the property. 7. CEOA Compliance. Prior to disbursement of funds under this Contract, the Grantees shall comply with all applicable requirements of the California Environmental Quality Act (California Public Resources Code Sections 21000-21177). 8. Proiect Manaqers. The project manager for the State is Earle Cummings. The project manager for the Grantees is Ronald W. KnODD and the person designated to submit the Grantees' claims is M~J. Henry 9. Method of Payment. Payment will be made upon receipt of an invoice in triplicate, in arrears by the Department of Water Resources, P. O. Box 942836, Sacramento, California 94236-0001, Attention: Earle Cummings, 1025 P Street, Room 163. Invoices should include Contract number and Work Plan element identification. 10. Payment Retention. The State reserves the right to withhold from payment up to 10 percent of the value of the submitted invoices per Public Contracts Code Section 10346 until it is satisfied that the project being financed by this grant is completed. It is understood that payment(s) may be withheld until a report summarizing project results is received and found satisfactory by the State. Contractor may substitute securitie~ for such retentions as stipulated by Government Code Section 4590 and shall receive any interest thereon. 11. Standard Provisions. Exhibit A, containing standard provisions, is attached hereto and by this reference incorporated herein. Approved as to Legal Form and Sufficiency: STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES By By Chief Counsel Acting Chief of the Division of Department of Water Resources Local Assistance P. O.'Box 942836 Sacramento, CA 94236-0001 RONALD W. KNOPP Grantee '~,, Union for a River Greenbelt Environment PO Box 890892 Address Title Project Manger (U.R.G.E.) Temecula, CA 92589 CoTSponsor Signature Address Title Attachments 3 State of California The Resources Agency DEPARTMENT OF WATER RESOURCES STANDARD CLAUSES Agreement No. Z-60111 Exhibit A A-1. Worker's Compensation Clause Grantees affirm that they are aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Grantees affirms that they will comply with such provisions before commencing the performance of the work under this Contract. Grantees will make its contractors and subcontractors aware of this provision and determine that they have complied with it before commencing work on the project. Volunteer laborers are exempt from the worker's compensation provisions of the California Labor Code. A-2~ Claims DisDute Clause Any claims that Grantees may have regarding the performance of this agreement, including but not limited to claims for additional compensation or an extension of time, shall be submitted to the Director, Department of Water Resources, within thirty days of its accrual. 'State and Grantees shall then attempt to negotiate a resolution of such claims and process an amendment to this agreement to implement the terms of any such resolution. A-3. National Labor Relations Board Clause In accordance with Public Contract Code Section 10296, Grantees declare under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the Grantees within the immediately preceding two-year.I' period because of Grantees' failure to comply With an order of a federal court which orders Grantees to comply with an order of the National Labor Relations Board. A-4. Nondiscrimination Clause During the performance of this Contract., the Grantees, their contractors and subcontractors shall not deny the Contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital 'status, age (over 40) or sex. Grantees shall. insure that the 1 evaluation and treatment of employees and applicants for employment are free of such discrimination. Grantees, their contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing_Act (Government Code Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2 Sections 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code Sections 11135-11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. Grantees, their contractors and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantees shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. Grantees, their contractors and subcontractors shall permit access by representatives of the Department of Fair Employment and Housing and the awarding State agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. The Grantees' signature on this Contract shall constitute a certifica=ion under the penalty of perjury under the laws of the State of Cali[ornia that the Grantees have, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations Sectibn 8103. A-5.. State to be Held Harmless The Grantees agree to indemnify the State of California, Department'of Water Resources and its Officers, agents and employees against and to hold the same free'and harmless from. any and all claims, demands, damages, losses, costs, expenses or liability due or incident to, either in whole or in part, and whether directly or indirectly, the project. A-6. ComDiiance With Laws, Regulations. Permit Requirements The Grantees shall at all times comply with, and require its contractors and subcontractors to comply with, all applicable federal and State laws, rules and regulations, permits and all applicable local ordinances, specifically including but not limited to environmental, procurement and safety laws, rules, regulations, permits and ordinances. A-7. Successors and Assigns This Contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. No assignment or transfer of this Contract or any part hereof, rights hereunder or interest herein by the Grantees shall be valid unless and until it is approved by the State and made subject to such reasonable terms and conditions as. the State may impose. A-8. Audit Requirement Pursuant to Government Code Section 10532, the contracting parties shall be subject to the examination and audit of the State and the State Auditor General for a period of three years after final payment under this Contract with respect to all matters connected with the performance of this Contract, including but not limited to the cost of administering this Contract. All records of the Grantees shall be preserved for this purpose for at least three years after completion of 'the project. A-9. Inspections (a) The State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Contract. This right shall extend to any subcontracts, and Grantees shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Contract with the State. (b) The State shall have the right to inspect the project site at any and all reasonable times after completion of the project to ensure compliance with paragraphs 1 and 6 of the Contract. (c) During regular office hours, each of the parties shall have the right to inspect and to make copies of any books, records, or reports of the other party relating to this Contract. Each of the parties shall maintain and sha}l make available at all times for such inspection accurate records Of all of its cost,. disbursements and receipts with respect to its activities under this Contract. A-10.Performance Evaluation Contractor's performance under this Contract will be evaluated after completion. A-11j Contracting Officer o= the State The contracting office of the State shall be the Chief of the Division of Local Assistance of the Department of Water Resources of the State of California and his successors, or their duly authorized representatives. The contracting officer shall be responsible for all discretionary acts, opinions, judgments, approvals, reviews and determinations required by the State under the. terms of this Contract. A-12. Remedies Not Exclusive The use by either party of any remedy specified herein for the enforcement of this Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. A-13. Amendments This Contract may be amended in writing by mutual agreement of the parties. Any request by the Grantees for amendments must be in writing, stating the amendment request and the reason for the request. The Grantees shall make requests in a timely manner and in no event less than 60 days before the effective date of the amendment. A-14. Waiver of Rights It is the intention of the parties hereto that from time to time either party may waive any of its rights under this Contract unless contrary to law. Any waiver by either party hereto of rights arising in connection with this Contract shall not be deemed to be a waiver with respect to any other rights or matters. A-15. Notices All notices that are required either expressly or by implication to be given by one party to the other under this Contract shall be signed.for the State by itemcontracting officer and for the Grantees by such officers as from time to time they may authorize in writing to so act. All such notices shall be deemed to have been given if delivered personally or if enclosed in a properly addressed, postage-prepaid envelope and deposited in a United States Post Office for delivery by registered or certified mail. A-16. Ownership and Use of Photographs, Audio and/or Video Recordings and other Publications. Grantees shall provide the Department with reasonable access to all original photographic materials, audio and video recordings of work funded by this grant, and authorizes the Department to use any part or all of the photographic materials, master audio and master video recordings for the Department's purposes. 4 Grantees shall make available to the Department for it~s review and comment a copy of any completed publication, brochure, video or audio tape produced in whole or in part with funds from this grant prior to.releasing it to parties other than the Grantees and Grantees~ subcontractors. No release of such materials shall be made without the joint approval of the Department and the Grantees. Approval shall not be unreasonably withheld. Union for · Ever 6ree~belt Environment PJ). Box 890692, Teemed& California 92~69 . State of California Department of Water Resources ATTN: Division of Local Assistance P.O. Box 942836 Sacramento, CA 94236-0001 October 29, 1.992 SUBJECT: Committee for Sound Development of Murrieta Creek 1. In order to create a managing agency for the development of Murrieta Creek, coordinate funding for said creek and interact with other agencies involved in the operation and development of water resources; the C~ittee for Sound Development of Murrieta Creek is established (hereafter known as "The Committee"). 2. Membership of the Committee will consist of four representatives of the Board of Directors of the Union for a River Greenbelt Environment (U.R.G.E.), two representatives from City of Temecula Staff (selected by the City Manager); One Temecula City Council-member; for a total of seven voting members.The below signed individuals will be the initial members. 3. The purpose of this committee is to: 1) Manage grant, flood, and economic development/redevelopment funding designated for the Murrieta Creek. 2) Assist the City of Temecula, County of Riverside, State of California, and Corps of Engineers in flood planning and flood protection relative to the Murrieta Creek and adjoining watershed. 3) Educate the citizens of Temecula on Water Resources Management, riparian habitat, wildlife support structures and wise, ecologically sound development of watersheds. Education will be accomplished by public speaking,'audio- visual presentations, scale model developments and published information diseminated to the public. 4) Development of an on-site demonstration project in Murrieta Creek. 5) Agressively search out alternative funding sources for ecologically sound improvements to Murrieta Creek. 6) Secure support for development of the creek and permission from property owners for improvements to their properties relative to the purpose of this Committee. 4. All expenditures will be approved by minute order of the U.R.G.E. Board of Directors after discussion with the U.R.G.E. general membership. Approval of expenditures will be by majority vote of the Board of Directors, U.R.G.E. Expenditures will be confirmed by "The Committee" after coordination with the agency providing financial support to determine that they are reimburseable expenses. Applications for reimbursement will be signed by two represenatives of the Board of Directors of U.R.G.E., and countersigned by the representative of the City of Temecula. Reimbursements will then be processed through the City of Temecula Director of Finance for funding/reimbursement. 5. The generalplan for development of Murrieta Creek will be "Management Alternatives for the Upper Santa Margarita River Watershed", June 1992, Cal Poly, Pomona; in conjunction with the City of'Temecula General Plan with adjustments as necessary to meet engineering requirements. Any changes and/or adjustments will be approved by U.R.G.E. RONALD W. KNOPP U .R .G.E. Project Manager KATHLEEN HAMILTONr U.R.G.E. U .R .G.E. TIM SERLET City Engineer City of Temecula SHAH NELSON Director'of Parks& Recreation City of Temecula City Councilmember October 29, 1992 'SUBJECT: Budget Creek: Union for · River Greenbelt Environnlenf P.O. Box 690892, Temeoula, California 92589 for Committee for Sound Development of Murrieta Phase 1, 1992-1993. FUNDING: California Department of Water Resources .......... $50,000.°° City of Temecula Matching Funds ................... $25,000.°° TOTAL: ................................ ' ............ $75,000.°° EXPENSES: EDUCATION Table-top model of Murrieta Creek Project ......... Video/Photographic work ........................... Total ............................................. $ 1,000.(DWR) 1,000.(DWR) 2,000.°° STUDIES Study for detention placement of retention/ ponds ................................... $ 6,000.(TEM) SUPPLIES AND MATERIALS Rock: Delivered to site ............... (TEM)9,000 + 9,000.(DWR} Wire fencing, support materials ................... 8,000.(DWR) Native vegetation ................................. 4,500.(DWR) Total ............................................. $30,500.e~ CONSTRUCTION Grading and surveying ......... , ...... (TEM)10,000 + 10,000.(DWR) Geological testing.., ............................. 6,000.(DWR) Total ............................................. $26,000.~ MISCELLANEOUS Legal Fees and Insurance...' ....................... 4,000.(DWR) Worker Support .................................... 3,500.(DWR) Publishing of 404 and Work Plan ................... 1,000.(DWR) Transportation and per-diem for consultants ....... 2,000.(DWR) Total .................................. ' ........... $10,500.e° TOTAL EXPENSES, PHASE 1 ........................... $75,000.ee **Expenses are estimates after contact with providers. Line item costs may vary according to market fluctuations. **(TEM)=Costs to be paid by the City of Temecula. **(DWR)=Costs to be paid by the Department of Water Resources. -.~ ~1 ~D ---¢ _~.....~....( p.,.)-- (l) D ~ x ~ -- -- 0 ---99 '~.~, --* -~. --'r trJ -', 0 · .? __ "~ ,~r ~--~ ~ Z ..~ "~'C, C) ' ' C) iD C, --j ~ C', _,_. c:E, "~ C.., i ITEM NO. 8 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City COuncil/City Manager -,1~ Tim D. Serlet, Director of Public Works/City Engineer DATE: November 10, 1992 SUBJECT: Contract Change Order Nos. 12 through 23 on Project No. PW91-04 Ramp Widening and Signalization at I-15 and Rancho California Road PREPARED BY: ?~' Michael D. Wolff, Senior Public Works Inspector RECOMMENDATION: 1. Approved Contract Change Order Nos. 12 through 23 consisting of the following: ae, C.C.O. No. 12: Increase in contract amount due to removal of unsuitable subgrade materials, and replace unsuitable materials with CL-2 aggregate base. Increase = $9,379.48 Ce C.C.O. No. 13 & C.C.O. No. 13 (Supplement): Increase in contract amount due to additional traffic control, temporary striping, and pavement markings. Increase = $5,500.00 C.C.O. No. 14 & C.C.O. No. 14 (Supplementi: IncreaSe in contract amoun~ due to installation of new irrigation system, soil prep and hydroseeding median.. islands east arid west of 1-15 on Rancho California Road. Increase = $23,500.00 ee C.C.O. No. 15: Increase in contract amount due to rerouting existing th'ree inch (3") P.V.C. main line, extend two inch (2') P.V.C. main line, and install irrigation wiring. Increase = $3,334.00 C.C.O. No. 16 & C.C.O. No. 16 (Supplement): Increase in contract amount due to mill existing A.C. pavement at limits of A.C. overlay and along north and south gutter lines at Rancho California Road. Increase -- $6,414.72 fe C.C.O. No. 17: Increase in contract amount due to fast-tracking the reconstruction of the left turn pocket on Rancho CalifOrnia Road at Front Street. Increase = $1,871.75 -1- pw05%egclrpt%92%l 110~w91-O4.cc:o 1102e C..C.O. No. 18: Increase in contract amount due to relocation of existing safety lights at the intersection of Rancho California Road and I-15 On-Ramps to a point 120 feet down the On-Ramps. Increase = $5,000.00 C.C.O. No. 19: Increase in contract amount due to furnish and install two inch (2") rigid conduit across Rancho California Road. Increase = $2,800.00 C.C.O. No. 20: Increase in contract amount due to adjustment in locations and wire size for the northbound and. southbound signal service cabinet. Increase -- $4,138.28 C.C.O. No. 21: Increase in contract amount due to furnish and install three inch (3") conduit through bridge decking to accommodate upgraded wire sizes. Increase = $10,000.00 C.C.O. No. 22: Increase in contract amount due to authorization of overtime work on Saturday to have signals operational prior to August 29, 1992. Increase = $ 1,009.95 C.C.O. No. 23: Increase in contract amount due to installation of ten (10) new 6' x 6' traffic detector loops at Rancho California Road and Ynez Road. Increase = $4,500.00 Advance $77,448.18 from the Development Impact Fund and appropriate $77,448.18 to Account No. 210-165-622-5804. BACKGROUND The contract for street improvements under construction on I-15/Rancho California Road Overpass (Project No. PW 91-04) was awarded to Oliver Brothers on April 14, 1992 for the sum of S526,681.36, plus a 10% contingency, for 'a total of $579,349.50. These improvements are part of the Margarita Village Specific Ran Agreement and are all being reimbursed through building permit fees. Contract Change Order Nos. 12 through 23 consists of the following: C.C.O. No. 12: Remove Jnsuitable materials below design structural section in the new left turn pocket at Rancho California Road to Front Street and to the northbound I-15 on ramp. Removals shall be at direction of Engineer and Force Account. CL-2 base shall be in conformance with Section 26 "aggregate bases" and at contract unit price. Increase = $9,379.48 C.C.O. No. 13 & C.C.O. No. 13 (Supplement): Additional temporary traffic control. The project plans do not include traffic control during the construction of ~he new left-turn pocket on Rancho California Road at Front Street, nor during construction of new pavement at the intersection of both southbound and northbound off-ramps with Rancho California Road. In addition, the plans do not address any temporary traffic control measures on both off-ramps from the time they are paved and widened to the time they are permanently striped. Increase = $5,500.00. ; -2- pwO5%egdrpt~92%1110%pw91-04,c~o 1102a .h. C.C.O. No. 14 & C.C.O. No. 14 (Supplement): Installation of irriga.tion system and hydroseeding. The two median islands were both extended and narrowed to allow for additional left turn traffic storage~ The plans had no provisions for landscaping the extended portions of the medians, nor for replacing any existing irrigation system or landscaping. Increase = $23,500.00 C.C.O. No. 15: Extension of two inch (2") P.V.C. main line and control wiring. The work is necessary as the grading called out in the area for new pavement requires the removal of the existing two inch (2") P.V.C. main line. Increase = $3,334.00 C.C.O. No. 16 & C.C.O. No. 16 (Supplement): Milling existing A.C. pavement. This work is necessary to provide a smooth joint of transition from the old pavement to the new pavement on the northbound and southbound off-ramps as well as Ynez Road and Front Street, Further, an additional 8,904 S.F. of milling around the exterior curb and gutter on Rancho California Road will allow for a full depth overlay (0.1 'min) while maintaining a 3/8 inch (maximum) hike at the lip of the gutter. In both cases, the milling operation should also help alleviate the potential for unraveling of A.C. caused by an excessively thin lift. Increase = $6,414.72 C.C.O. No. 17: Traffic control and expediting the construction of the left turn pocket on Rancho California Road at Front Street. Neither the plans or specifications give any traffic contro! plan to complete the designated work in this area· The left turn lane is used heavily and any extended delay in keeping it closed would compound traffic problems at this intersection, as well as on westbound Rancho California Road. Increase = $ 1,871.75 C.C.O. No. 18: Relocation of safety lighting to a point 130 feet down the ramp from the intersection. The plans and specifications called for removing the safety lights, however, Caltrans District Electric Department requested this change. Increase = $5,000.00 C.C.O. No. 19: Excavating a jacking pit and additional two inch (2") rigid' conduit across Rancho California Road just east Of the I-15 southboundramps, and installing the signal service and intersection lighting wiring through this two inch (2") conduit. The plans (Note 10 on Sheet 25) showed the existing conduit to be two inches (2") in diameter when it is only one and one-half inches (1-1/2"), and too small to accommodate the new wires called for. Increase = $2,800.00 C.C.O. No. 20: Installing the Type III C-F services for the southbound and northbound ramps inside the Caltrans R/W fence in the southwest quadrant of the interchange, in lieu of the locations shown on the plans; and installing a 4' x 6' swing gate in the existing R/W fence. This change was requested by Ray Roblee of the Caltrans Electrical Department to have the two services located in one location and to provide easy access to them. Increase = $4,138.28 -3- pwOS%,,gdrpt%92~,l 110~ow91-04.c~0 1102e C.C.O. No. 21: Installation of three inch (3") conduit. It is necessary to install the three inch (3") P.V.C. conduit as the existing conduit was found to be one and one-half inches (1-1/2") in diameter, and the lighting conductors were upgraded due to the relocation of the service equipment (C.C.O. No. 20) and would not fit in the existing one and one-half inch (1-1/2") conduit. Increase -- $10,000.00 C.C.O. No'. 22: Authorization of overtime work to expedite turn-on of the signals prior to the expiration of the Community Service Officers contract for controlling traffic. Increase -- $1,009.76 C.C.Oo No. 23: Installation of ten (10) 6' x 6' traffic loop directors. The change was requested by the City Traffic Engineering Department as the lane configuration for eastbound Rancho California Road at Ynez Road was changed without the corresponding traffic signal loop adjustments. Increase = $4,500.00 FISCAL IMPACT: On April 14, 1992, the City Council approved the appropriation of $526,681.36 plus a 10%' contingency of $52,668.14, for a total of $579,349.50. The 10% contingency was utilized for Contract Change Order Nos. I through 11. Therefore, an additional appropriation of $77,448.18 above the 10% contingency for Contract Change Order Nos. 12 through 23 is required at this time to the Capital Project Account No; 210-165-622-5804. -4- pwOS~agdrpt%92%1110~ow91-04.cco 1102e ITEM NO. 9 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 November 10, 1992 Award of Bid for the Acquisition of Street Name Signs and Traffic Signs PREPARED BY: ~ Brad Buron, Maintenance Supervisor RECOMMENDATION: That the City Council: 1. Award a bid to Central Cities Sign Service in the amount of $21,639.19 for new street name signs and traffic signs. 2. Accept the price proposal for replacement signs and related hardware from Safeway Sign Co. until June 30, 1994. 3. Accept the price proposal for reolacement signs and related hardware from Central Cities Sign Service until June 30, 1994. BACKGROUND: On July 14, 1992 the City Council authorized the Public Works Departmentto issue a Request for Proposals for the acquisition of manufactured street name signs and traffic warning signs needed to maintain our existing inventory of approximately 18,000 signs. Six proposals were received as follows: 1. Safeway Sign Co. (Incomplete Bid) 2. Central Cities Sign Service $21,639.19 3. Maneri Sign Co. $23,632.90 4. The Trebor Co. $26,366.20 5. Speedy Sign-a-Rama $34,114.07 6. Fast Signs $37,715.03 -1- pwO1~gdrpt%92%1110%egn.ewd 1103c Based upon these proposals, Staff is recommending that the bid for new signs and hardware be awarded to the lowest responsible bidder, Central Cities Sign Service. Staff had requested that each vendor provide a separate price quote for each sign and related hardware. The intent of this request was to allow Staff the option of selecting more than one vendor based upon the price of each item. Based upon that criteria, Staff is recommending that the City enter into an agreement with both Safeway Sign Co. and Central Cities Sign Service for .the purchase of replacement signs and related hardware. These two vendors provide the lowest overall prices. Staff is proposing that these agreements remain in place and the quoted prices remain firm until June 30, 1994. This will ensure that the City will be purchasing replacement signs and related hardware at the best price available. FISCAL IMPACT: City 'Council has approved the use of $40,000.00 for the FY92-93 street name and traffic warning program. Funds are available in the Public Works Department Street Maintenance. Account No. 100-164-999-5244. -2- pwO1~hpt%92%1110%sgn.ewd 1103c CITY OF TEMECULA - DEPARTMENT OF PUBLIC WORKS EXHIBIT "A' &tFEWAY SIGN CO. ITEM TYPE SIZE DESCPJarrlON UNIT EST. Q UNIT PRICE 1 C1 ~ 'DETOUR AHEAD' EA 2 C5 (IT) 3ex12 'DETOUR LEFI' EA 3 C5 (lIT) 36x12 '0ETOUR FLIGHT' EA 4 C7 ' 30x18 'END DETOUR' EA 6 C3A 38x36 'ROADCLOSEDTOTHRUTRAFFIC' EA 7 C19 38c36 'ROADCLOSEDAHEAD' EA 9 R-1 30x30 3M HIGH INTENSITY EA · 10 FI-1 38c36 3M HIGH INTENSITY EA 11 R1-3 12x8 4-WAY EA 12 R1-3 12x6 3.,WAY EA 13 R14 12xB ALL-WAY EA 14 R-2 24x30 (50)' EA 15 R-2 24x30 (45) EA 16 R-2 24x30 (40) EA 17 R-2 24x30 (35) EA 18 R-2 24x3C) (30) EA 19 R-2 24x30 'K~E EA 20 R7 (FIT) 24x30 P RIGHT' EA 21 R7-A(RT) 24xl 8 'KEEP RIGHT' EA 22 R10(RT) 3exl 2 'ONE WAY' EA 23 FI11 36x36 'DO NOT ENTEFr EA 24 I:116 30x30 'NO RIGHT ~ SYMBOL EA 25 R16B 30x36 'NO RIGHT TURN' EA 26 R17B 3Qx30 'NO LEFT TURN' EA 27 R17 30x30 NO LEFT TURN 'SYMBOL' EA 28 R 18 36x36 · RIGHT LANE MUST TURN RIGHT' EA 29 R26S 12x18 'NO STOPPING ANY TIME' EA 30 R26 12x18 'NO PARKING ANY TIME' EA 31 R48 36x36 'SPEED CHECKED BY RADAR' EA 32 R104AP 18xl 2 'NO TRESPASSING' EA 33 SR4 24x48 '25 MPH WHEN CHILDREN ARE PRESEN EA 34 Wl (left) 3Ox30 'CURVE' EA 35 Wl (rigr~ 30x30 'CURVE' EA 36 W3 (LT) 30x30 'CURVE' EA 37 W3 (I/T) 30x30 'CURVE' EA 38 W5 (R'T) ~'~_---~'~_ 'CURVE' EA 39 · WS fiT) 36x36 'CURVE' EA 40 W-5 (rig~ 30x30 'CURVE' EA 41 W-5 (iefQ ~ 'CURVE' EA 42 W-7A 30x30 *T' EA 43 W-11 (fight) 30x30 LANE DROP EA 44 W-11 (left) 30x30 LANE DROP EA 45 W- 17 36x36 'STOP AHEAD' SYMBOL EA 46 W-I 7A 24xl 8 'STOP AHEAD' SYMBOL EA 47 W31 30x30 'END' EA 48 W~11A 30x30 'ROAD ENDS · EA 50 W41 38x36 'SIGNAL AHEAD' EA 51 W-43 30x30 'ICY' EA 52 W-45 30x30 'EQUESTRIAN' SYMBOL EA 53 W53 24X24 'NOT A THFIU STREET' EA 54 W55 24x24 'FLOOOED' EA 55 W-56 30xl 5 DOUBLE HEAD ARROW EA 56 W-57 30xl 5 SINGLE HEAD ARROW EA 57 W63 38(36 'SCHO(X. CROSSING' SYMBOL EA 58 W-65-I 36x30 'END' EA 5~ W-65-1 36x30 'BEGIN' EA 60 W66 36x36 'SCHOOL CROSSING' EA 61 W-75R ~ 36x36 'LANE ENDS MERQE' EA 62 P-MerkersL 12x36 EA 63 P-Iderkers 12x36 EA 64 Type 'K' 15x6 EA 65 Type N-4 18x18 EA 66 Type N-5 18~18 EA 68 'A' & 'B' I Gi. Epoxy EA 6g Poet 10' QuickPunc~Paet EA 70 Poet 12' QuickPunchPoel EA 71 PcBtAncho 30' Fcxquickpunc;~poet EA 72 W-81 30x36 Chevron EA 73 SL NNneSigne bAllached EA 74 81. NNneSign ScluerePc~tHerdwee EA 6 6 4 10 10 10 15 75 50 40 6 10 10 10 10 10 10 10 10 10 10 10 5 5 5 5 10 10 10 15 5 10 5 5 5 5 5 5 5 5 5 5 5 15 5 5 8 10 15- 5. 5 5 5 5 4 4 100 6 100 150 '150 10 ~.e 6.50 8.50 13.50 ~.e ~.e 14~ ~.50 e.50 3.N 11.H 11.H 11.H 11.~ 11.H 11.H 6.50 6.50 14.~ 14.~ 14.g 4.H 4.H 5~ 14~ 14~ 14~ 14.~ 14~ 14~ 14~' 14~ 14.~ 6.50 14~ 14~ 14~ ~.10 14~ 14.~ 9.10 9.10 7~ 7~ 17.00 17.00 6.50 6.~ 2.H 9.~ 9~ ~D ~BID ~D ~D ~D 17.00 16.5 8113.50 $113.50 $113.50 $113.50 $113.50 $113.50 $113.50 173.25 I71.00 $73.25 I201.50 171 .OO 171 .OO $102.00 $102.00 171.00 171 171.00 171.00 171.00 I361.50 171.00 $113.50 · 1284.00 S142.OO 1182.00 S145.00 lloe.75 Slo2.oo ll o2.oo $51 ,oo 117o.oo Sl 5,309.75 CrrY OF TEMECULA - DEPARTMENT OF PUBLIC WORKS EXHIBrr 'B' ITEM TYPE SIZE DESCRIPTION UNIT EST, QTY, 1 C1 36x36 2 c~,*r) aen2 3 C~(RT) aean2 4 C7 30x18 5 C2 36X24 6 C3A 36x36 7 C19 38d6 8 C27 30x30 9 R-1 30x30 10 R-1 36x36 11 R1-3 12x6 12 R1..3 · 12x6 13 R14 12x6 14 R-2 24x30 15 ~ 24x30 16 R-2 24x30 17 R-2 24x30 18 FI-2 24x30 19 R-2 24x30 20 R7 (RT) 24x30 21 R7-A(RT') 24xl 8 22 m0(RT) 3ed2 22 Rll 36x36 24 R16 30x30 25 R16B 30x36 25 R17B 30x30 27 R17 30x30 28 R 18 36x36 29 R265 12x18 20 R26 12x18 31 R48 36x36 32 RI04AP 18x12 33 SR4 24x48 34 Wl (left) 30x30 33 wl (.ghQ 30x3o 37 W3 (RT) 30x30 4o w-5 (dg~ 3ox3o 41 W-5 peffi 30x30 42 W-TA 30x30 43 W-11 (rlghQ 3Ox30 44 W-11 0efQ 30x30 45 W-17 _.36x36___ 46 W-17A 24xl 8 47 W31 30x30 48 W-31A · 30x30 40' W-32 30x30 50 W41 36x36 51 W-43 30x30 52 W-45 ~ 53 W53 24X24 54 W55 24x24 55 W..56 30xl 5 55 W-57 30xl 5 56 W-65-1 ~ 59 W-65-1 38x50 61 W-TSR 0ffi ~ 52 P-MerkereL 12x36 63 P-Mgkere 12x36 54 Type 'K' 1Sx6 65 Type N-4 18x18 66 Type N-5 18x18 67 'K' Mm'ket 68 'A'&'B' I GeL 69 Poet 10' 70 Poet 12' 71 Post~ 30' 72 W-81 30x36 SL NBme Sign · DETOUR AHEAD' EA 6 · DETOUR LEFT' EA 6 · DETOUR RIGHT' EA · END DETOUR' EA 4 · ROAD CLOSED' EA 10 · ROAD ~ TO THRU TRAFFIC' EA 10 'RQADCLOTEDAHEAD" EA 10 'OPEN TRENCH' EA 15 3M HIGH INTENSITY EA 75 3M HIGH INTENSITY EA 50 4..WAY EA' 40 3-WAY EA 8 ALL-WAY EA 10 (so) EA 10 (45) EA 10 (40) EA 10 (35) EA 10 (50) EA 10 (25) EA 10 · KEEP RIGHT' EA 10 · KEEP RIGHT' EA 10 · ONE WAY' EA 10 · IX) NOT ENTER' EA 10 · NO RIGHT TURN' SYMBOL EA 5 · NO RIGHT TURN' EA 5 · NO LEFT TURN' EA 5 NO LEFT TURN 'SYMBOL' EA 5 · RIGHT LANE MUST TURN RIGHT" EA 10 · NO STOPPING ANY TIME" EA 10 · NO PARKING ANY TIME' EA 10 · SPEED CHECKED BY RADAR' EA 15 · NO TRESPASSING' EA 5 ~5 MPH WHEN CHILDREN ARE PFIESEN EA 10 · CURVE' EA 5 · CURVE' EA 5 · CURVE' EA 5 · CURVE' EA 5 · CURVE' EA 5 'CURVE' EA 5 · CURVE' EA 5 · CURVE' EA 5 · T' EA 5 LANE DROP EA 5 LANE DROP EA 5 'STOP AHEAD" SYMBOL EA 15 · STOP AHEAD' SYMBOL EA 5 · END' EA 20 · ROAD ENDS * EA 5 · DIP EA 8 · EQUESTI:pAN- SYMBOL E/~ I 0 · NOT A THRU STREET' EA 20 · FLOOOED' EA 50 SINGLE HEAD ARROW EA 15 · SCHOOL CROSSING* SYMBOL EA 5 · END' EA 5 · BEGIN' EA 5 · SCHOOL CROSSING' EA 5 · LANE ENDS MERGE' EA 5 EA 4 EA 4 EA 6 EA 10 CENTRAL CITIES UNIT PRICE TOTAL AkiT. 21,50 $129.50 10.78 $43.12 15.42 S154.20 15.42 $154.20 21.50 1;216.50 15.91 $238.50 47.83 12,3el .50' 2.78 $110.00 3.50 $18.50 3.50 $30.50 13.32 $133.20 13.32 $133.20 13.32 $133.20 13.32 $133.20 13.32 $133.20 13.32 $133.20 13.32 $133.20 13.32 $133.20 8.00 $80.00 21.50 $216.00 15.94 $78.70 18.53 $92.65 18.53 $92.65 15.94 $79.70 21.50 $216.00 5.00 $50.00 5.00 $30.00 21.60 $324.00 5.00 1~5.00 21.06 $210.50 15.94 $79.70 15.94 $79.70 15.94 r/9.70 15.94 $'/9.70 15.94 $79.70 15.94 $79.70 15.94 $79.70 15.94 $79.70 15.94 $79.70 15.94 $79.70 15.94 $79.70 24.13 $361,95 9.21 f46.05 15.95 $317.00 15.94 $79.70 15.94 $127.52 '15.94 $318.50 15.94 $159.40 10.78 $2 15.50 10.50 $525.00 8.48 $168.50 8.48 $127.20 21.50 $108.00 18.53 $92.65 18.53 192.65 21.50 $108.00 21.50 $106.00 8.00 $32.00 8.50 $32.00 3.25 f,65.00 10.50 $1,050.00 10.50 $530.00 20.00 $120.00 15.40 $1,540.00 18.10 $2,715.00 18.51 $165.10 12.50 .. $21,639.19 ITEM NO. 10 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ,/El~J~Tim Do Serlet, Director of Public Works/City Engineer November 10, 1992 Installation of Thirty (30) "STOP" Signs PREPARED BY: Ben Dobbins, Traffic Engineer Consultant RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP" SIGNS BACKGROUND: Staff has received several requests for "STOP" signs in the residential development area bounded by Pala Road on the northeasterly, Via Eduardo on the southeast, Pechanga Creek on the southwest, and Rainbow Canyon Road on the northwest. Also, Staff received recluests for "STOP". signs at the intersections of North General Kearney Road ~ Salerno Road and ~ · Deer Meadow Road. Staff field investigated both areas and found inadequate control at eighteen (18) locations. Due to limited sight distance, Staff recommends the installation of "STOP" signs at the intersections listed on Exhibit "A" attached. At the October 28, 1992 Traffic and Transportation Commission Meeting, the Commission recommended that the City Council approve the installation of thirty (30) "STOP" signs per Exhibit "A." FISCAL IMPACT: FY92-93: Install thirty "STOP' signs with stop bar and stop legend (30 signs @ $110.00 ea. -- $3,300). Funds are available in Public Works Sign Account No. 100-164-999-5244. Attachments: Exhibit "A" Resolution -1- pwO4~egdrpt~,92~l 1101atop.egn 1029 EXHIBIT 'A' The following are proposed "STOP" sign locations: 'TEE" INTERSECTIONS:. 2. 3. 4. 5. 6. Westbound Pashaho Street ~ Via Gilberto .' Eastbound Puas Drive ~ Vie Gilberto Eastbound Jeronimo Street @ Via Eduardo Westbound Duce Court L~ Loma Linda Road Westbound Salerno Road ~ North General Kearney Road Westbound Deer Meadow Road @ North General Kearney Road FOUR-LEGGED INTERSECTIONS: 1. Northbound 2. Northbound 3. Westbound 4. Northbound 5. Westbound 6. Westbound 7. Westbound 8. Westbound 9. Westbound 10. Northbound 11. Westbound 12. Westbound and Southbound Pahuta Street ~ Jeronimo Street Arabasca Cir. @ Piute St. and for southbound Bandan Ct. ~ Piute St. and Eastbound Piute Street @ Huron Street Shaba Cir. @ Pashaho St. and for southbound Saho Ct. ~ Pashaho St. and eastbound Zuma Drive L~ East Loma Linda Road and eastbound Bardmoore Drive L~ Clubhouse Drive and eastbound Palmetto Way @ Clubhouse Drive and eastbound Classic Way L~ Muirfield Drive and eastbound Greensboro Way ~ Muirfield Drive and southbound Masters Drive @ Clubhouse Drive and eastbound Bay Hill Drive @ Clubhouse Drive end eastbound Tournament Lane ~ Clubhouse Drive RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~Vl]ECULA ESTABLISHING "STOP* SIGNS The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 12.08,301 of the Municipal Code, the following "STOP" sign locations are hereby established in the City of Temecula: Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPRO~ AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th of November, 1992. B. C. D. E. F. G. H. L. M. N. O. P. Q. R. Westbound Pashaho Street @ Via Gilberto Eastbound Puas Drive @ Via Gilberto Eastbound Jeronimo Street @ Via Eduardo Westbound Duce Court @ Loma Linda Road Westbound Salerno Road @ North General Kearney Road Westbound Deer Meadow Road @ North General Kearney Road Northbound and Southbound Pahuta Street @ Jeronimo Street Northbound Arabasca Cir. @ Piute St. and for southbound Bandan Ct. @ Piute St. Westbound and Eastbound Piute Street @ Huron Street Northbound Shaba Cir. @ Pashaho St. and for southbound Saho Ct. @ Pashaho St. Westbound and Westbound and Westbound and Westbound and eastbound eastbound eastbound eastbound Zuma Drive @ East Loma Linda Road Bardmoore Drive @ ClubhoUse Drive Palmetto Way @ Clubhouse Drive Classic way @ Muirfield Drive Westbound and eastbound Greensbow Way @ Muirfield Drive Northbound. and southbound Masters Drive @ Clubhouse Drive Westbound and eastbound Bay Hill Drive'@ Clubhouse Drive Westbound and eastbound Tournament Lane @ Clubhouse Drive ATTEST: . Patricia H. Birdsall, Mayor June S. Greek City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) SS I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No.___ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of November, 1992, by the following vote: A YES: - · COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ITEM NO. 11 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL: CITY ATTORNEY FINANCE OFFICER CITY MANAGER /2-? City Council/City Manager Shawn Nelson Director of Community Services; and Anthony Elmo Chief Building Official · November 1 O, 1992 Consideration of Award of Contract for the Construction Portion of the Senior Center RECOMMENDATION: That the City Council: Approve an award of contract of $534,648 (bid amount plus 10% contingency) to Concise Construction Corporation for the building construction portion of Project No. CSD92-03, the Temecula Valley Senior Center. Approve an award of contract of $348,031 (bid amount plus 10% contingency) to I.P.S. Services, Inc., for the grading and parking portion of Project No. CSD92-03. Approve an advance of $533,131 from the General Fund Capital Projects Fund for the Senior Center to be reimbursed with .RDA bond proceeds. Appropriate $470,188 from Unreserved Capital Projects Fund Balance to Account No. 210-199-801-5804. DISCUSSION: On September 22, 1992, the City Council approved the Capital Improvement Program and appropriated $455,545 for the construction for the Temecula Valley Senior Center v:, ~lkgende. Rep~CCCM11 lO. Combinmtion to be located at 41845 Sixth Street. This appropriation was for the existing building rehabilitation and building improvements, excluding the parking lot development, which would be brought to the City Council at a later date. A committee was formed comprised of members of the City Council, the City Manager's office, Community Services Department and the senior community to work with Mr. Dean Davidson of Dean Davidson and Associates on the design of the facility. Once a design was chosen, construction drawings and specifications were prepared and a solicitation for bid was sent out in two phases: Phase I for the construction of the Senior Center and Phase II for the Grading and Parking Improvements.. On October 8, 1992, the bid opening was held. The following is a summary of the bid opening results for Phase h Concise Construction Rohm-Joiner Construction Gorham Company Bachman Construction Enwel, Inc. $443,521 $538,020 $593,939 $530,000 $527,325 Subsequent to the bid opening, meetings with the successful bidder and the design team found it necessary to modify the bid due to exclusions in the scope of work. The adjusted cost for construction including a 10% contingency is $534,648. The City Manager would be authorized to approve change orders up to the amount of the contingency. The Riverside Economic Development Agency has granted its approval of Concise Construction as a required part of our application for Community Development Block Grant (CDBG) funding. The following is a listing of the bids received for Phase II - Grading and Parking Improvement: I.P.S., Inc. E.A. Mendoza $316,392 '$377~600 It is recommended that the City Council approve an award of contract to I.PoS., Inc., for The Total sum of $348,031 which includes a 10% contingency. The City Manager would be authorized to approve change orders up to the amount of the contingency. Construction to be completed within approximately thirty (30) days. FISCAL IMPACT: The Total cost of grading and construction is $882,679. An additional appropriation of $470,188 is necessary to complete the project including the addition of the parking lot. The project will be funded with an advance from the General Fund in the amount of $533,131. The balance of the construction cost was advanced in FY 1992. The advance will be repaid from RDA bond proceeds. v:. ~Agenda. Rep%CCCM11 lO. Combination CITY OF TEMECULA, PUBUC WORKS DEPARTMENT CONTRACT FOR laROJECT NO. PW92..07 GRADING, PAVING & SITE. CONSTRUC770N THIS CONTRACT: made and entered into the lOth day of November. 1992, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and I.P.S. SERVICES, INC., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.8. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit~ Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. RN92-07, Insurance Forms, this Contract, and all modifications and amendments thereto, and the latest version of the Standard SPecifications for Public Works Construction. including 811 supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter' of the American Associated General Contractors of California '(hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PVV92-O7. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and 'Specifications of this Contract. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 pwO1~pw92-07~aentreet 110392 m e The Contract Documents are complementary, and whet is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: ' PROJECT NO. RNS2-07 TEMECULA SENIOR CENTER GRADING, PAVING & SITE CONSTRUCTION All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in 'full payment for the work above-agreed to be done, the sum of: TWO HUNDRED NINETY-THREE THOUSAND, THREE HUNDRED NINETY-TWO DOLLARS and NO CENTS ($293,392.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed THIRTY (30) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in a cumulative amount not to exceed $10,000, and in an individual amount not to exceed $5,000. PAYMENTS/ACCEPTANCE OF WORK. The text ef Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the' following: This is a Lump Sum Contract, to be completed within thirty (30) working days; payment to the Contractor will be made in full upon completion of the work. There will be no progress payments. Payment will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full ten percent (10%) retention will be deducted from all payments. Payments on the Contract price shall not be considered as an acceptance of any part of the work. Upon completion of the work, the CONTRACTOR shall so notify the Engineer in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit "CONTRACTOR'S AFFIDAVIT", and post a one (1) year MaintenanCe Bond. Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms Of the Contract. If he finds materials, equipment, or workmanship which do not meet the terms of the Contract, he shall prepare CONTRACT CA-2 pwOl~pw92-O7%oontrecT 110392 5 a preliminary punch list of such items and submit it to the CONTRACTOR. Final determination of acceptability shall be made by the CITY. Upon acceptance of the work, the CITY shell file a Notice of Completion. The conditions of the guarantee shall commence on the date that the CITY files a Notice of Completion. The CITY shall make final payment to the CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion. The payment shell include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe, LInUInATED DAMAGES: EXTFNSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars (~ 1,000.00) par day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due. to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in. writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These.rates are on file' with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall .post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. CONTRACT CA-3 pwOl%pwi2-O7%oontreet 1 I0312 10. ! IABll ITY INSURANCF. CONTRACTOR, 'by executing this Agreement, hereby certi'fies: 11. 12, 13. 14. 15. 16. "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." TIME OF THE ESSENCE, Time is of the essence in this Contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless end defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing 'this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other puerperal of the DraWings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT CA-4 pwOl~pw92-O7~eontreet 110392 17. SIGNATURF OF CONTRACTOR 18. 19. 20. 21. Coroorations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal .must be affixed. Other parsons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office. Partnarshios: The names of all parsons comprising the partnership or co-partnarship must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. Joint Ventures: Bids submitted as joint ventures must so state and be 'signed by each joint venturer. IndividualS: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual· The above rules also apply in the Case of the use of a fictitious firm name· In addition, however, where the fictitious name is used, it must be so indicated in the signature· SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by the CITY to ensure parformance under the Contract. At the request and expanse of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a State or Faderally chartered bank or an escrow agent who shall pay such monies to the CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The typa of securities deposited and the method of release shall be approved by the City Attorney's office. RESOLUTION OF CLAIMS. Any dispute or claim arising out of this Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with reapact thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. CONTRACT CA-S pwO1%pd2-O7%contreet 110392 22. 23. 24. 25. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.. ae CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ;i. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided. for in this Contract. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. CITY shall promptly investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for: performance of any part of the work, then CITY shall issue 8 cl~ange order; de In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required 'for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance CONTRACT CA-6 pwO1%pw92-O7%contrect 110392 notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 26. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 27. GOVFRNINR I AW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 28. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be parformed by depositing the same in the U.S. Mail, postage' prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Tim D. Serlet, Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By: Print or type NAME Print or type TITLE DATED: APPROVED AS TO FORM: CiTY OF TEMECULA By: Patricia H. Birdsall, Mayor Scott F. Field, City Attorney ATTEST: & * June S. Greek, City Clerk CONTRACT CA-7 pwO1~w92-O7~contreet 110392 CITY OF TEMECULA CONTRACT FOR PROJECT NO. CSD 92-03 THIS CONTRACT, made and entered into the day of . 19 . by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Concise Construction Corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR. for the consideration hereinafter named, mutually agree as follows: 1.8. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. CSD 92-03, Insurance Forms. this Contract, and all modifications and amendments thereto, the most current adopted editions of the Uniform Building, Plumbing and Mechanical Codes and the National Electrical Code and the latest version of the Standard Soecifications for Public Works Construction, ~nclud~ng all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General ConTractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. CSD 92-03. Copies of these Standard Specifications are available from the publisher: .. Building News. Incorporated 3055 Overland Avenue Los Angeles. California 90034 (213) 202-7775 In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used Jn lieu of such conflicting portions. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail. it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified. the CONTRACTOR shall furnish all labor, materials, tools, ecluipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. CSD 924)3 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated 'and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: Four Hundred Bahtv-Six Thousand Forty-Four DOLLARS AND NO CENTS ($486.044.), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Ninety ( 90 ) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order. changes or additions to the work in a cumulative amount not to exceed ten percent (10%) of the bid amount and in an individual amount not to exceed $10,000. PAYMENTS/ACCEPTANCE OF WORK. The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last day of each month. The CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to the AGENCY for approval by the tenth day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full ten percent (10%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Upon completion of the work, the CONTRACTOR shall so notify the Engineer in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit "CONTRACTOR'S AFFIDAVIT", and post a one (1) year Maintenance Bond. Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship which do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to the CONTRACTOR. Final determination of acceptability shall be' made by the CITY. Upon acceptance of the work, the CITY shall file a Notice of Completion. The conditions of the guarantee shall commence on the date that the CITY files a Notice of Completion. The CITY shall make final payment to the CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion. The final payment shall include the entire sum found to be due-hereunder after deducting all previous payments and such other lawful amounts as the terms of this' Contract describe. LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment undeY Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing. all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit. release and indemnify agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council-has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates 10. are on file with the City Clerk. Copies may be obtained at.cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted p~evailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of ~25.00 for 'each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. The federal Davis-Bacon prevailing wage rates as shown in the attached wage determination also apply to this project. Furthermore, the contractor must utilize federal job classifications and is obligated to pay the higher of the prevailing state or federal wages. LIABILITY INSURANCE. CONTRACTOR, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." The amounts of such insurance shall be as hereinafter set forth. In case of the work under this contract is to be performed on or at the site of the project by a subcontractor, the contractor shall also take out and maintain such Contractors contingent or protective insurance as will protect him, the City and the County of Riverside from damage claims arising from the o'perations of any subcontractor. The amounts of such insurance shall be as hereinafter 'set forth. If any subcontractors shall subcontract any portion of his:subcontraCt, the Contractor: shall require him to take out and maintain such contingent or protective insurance as will protect such subcontractor from damage claims arising from operations of the second subcontractor. Such contingent or protective insurance shall be in the same amount as the primary subcontractor's public liability and property and damage insurance. As provided above, the Contractor shall take out and maintain public liability ,nsurance for injuries, including accidental death to any one person in the amount not less than One Million and 00/100 dollars ($1,000,000.00) and property damage insurance in an amount of not less than One Hundred Thousand and 00/100 dollars ($100,000). Contractor's contingent or protective insurance for public liability and property damage insurance in amounts hereinbefore set forth for the Contractor. The successful bidder shall submit a certificate of liability insurance naming the CA4 11. 12. 13. 14. 15. 16. County of Riverside and the City-of Temecula as an additional insured in the liability insurance policy. All such insurance coverage shall fully cover and insure the rights and obligations of the Contractor or subcontractors under the' Responsibility for Damages Section, set forth in Section 5m. TIME OF THE ESSENCE. Time is of the essence in this Contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, the County of Riverside, and their officers, employees, and agents, against any and all liability, injuries, or death of persons .(CONTRACTOR's employees included) and damage to property based or asserted upon any act or omission of CONTRACTOR'S relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, City, County of Riverside, and their officers, agents, employees, and independent architect in any legal action based on any such acts or omissions. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports-prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with, a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants tl~at he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other puerperal of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating 17. 18. that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. SIGNATURE OF CONTRACTOR Corporations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office. Partnerships: The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. Joint Ventures.: Bids submitted as joint ventures must so state and be signed by each joint venturer. Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case sa,d person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by the CITY to ensure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a State or Federally chartered bank or an escrow agent who shall pay such monies to the CONTRACTOR upon notification by 20. 21. 22. 23. 24. CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office. RESOLUTION OF CLAIMS. Any dispute or claim arising out of this Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR shall maintain and keep books and records on a current basis, recording all transactions pertaining to this Contract in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the Owner, the County, the State of California, the Federal Government and to any authorized representatives thereof for purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three years after the expiration of the term of this agreement. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excaVation of trenches required by' the scope of the work in accordance with Labor Code Section 6705· CONTRACTOR ~jhall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; ii. Subsurface or latent physical .conditions at the site differing from those indicated in the specifications; or CA-7 25. 26. 27. 28. III. Unknown physical conditions at the site of any unusual nature, different materially 'for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person'. CITY shall promptly investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be . performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other · prior inspections. Such final inspection shall ba made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not; discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Anthony J. Elmo, Chief Building Official City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 29. LIABILITY. Contractor shall hold the owner, County of Riverside, its officers, agents, and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of contractors, its officers, agents, employees or subcontractors relating to or in any way connected with or arising from the accomplishment of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, owner, County of Riverside, its officers, agents, employees and independent architect in any legal action based on any such alleged acts or omissions. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By:. Print or type NAME Print or type TITLE DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Patricia H. Birdsall, Mayor Scott F. Field, City Attorney ATTEST: June S. Greek. City Clerk CA-I ITEM NO. 12 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 November 1 O, 1992 ft/b~/'Accept Storm Drain Improvements in Parcel Map No. 22515 PREPARED BY: '~lbert A. Crisp, Permit Engineer RECOMMENDATION: That the City Council accept the storm drain improvements in Parcel Map No. 22515, and direct the City Clerk to so advise the developer. BACKGROUND On October 27.1992, the City Council approved Final Parcel Map No. 22515 and entered into subd~wszon agreements with: Temecula Development Partners-1 Ltd. 43121 Margarita Road Temecula., CA 92591 for the installation of subdivision monumentation and for a one year warranty/maintenance period for the storm drain system. Staff has completed the inspection of this system and recommends acceptance of these facilities subject to the one year warranty period. The subdivision monumentation and warranty securities will be maintained until the remaining obl,gations have been met and the City Council authorizes release of these securities. The subject storm drain system is at and near the intersection of Front Street and the I-15. The C~ty Council has recently acted on Staff recommendations related to this system: On August 25, 1992 the City Council, acting as the Board of the Redevelopment Agency, approved participation in the construction of the subject storm drain, directed General Counsel to prepare the necessary agreement on behalf of the Redevelopment Agency, and authorized the Chairperson to sign the Agreement. On September 8, 1992, the City Council made certain findings and funding for $34,000.00 of the $239,000.00 cost of the subject storm drain improvements. Among these findings -1- pwOl\agdrpt\92%1027%22515 1103s were the benefit of these drains to the project area, particularly in improving traffic circulation during the rainy season,and that no other funding mechanism is reasonably available. FISCAL IMPACT: None. ATTACHMENT: Vicinity Map -2- pwO1',egdrpt%92%1027',22515 1103e Pro}~ct Site VICINITY MAP no scale ITEM NO. 13 ORDINANCE NO. 9~ 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMRNDING CHAPTER 1~.01 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION AND RE- PEALING CHAPTER 11.01 OF TIlE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF' THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 12.01 of the Temecula Municipal Code is hereby amended to read as follows: "12.01.010 Public/Traffic Safety Commission Established. Pursuant to Section 2.06.01.0 of this Code, there is hereby created an advisory commission to the City Council which shall be known as the "Temecula Public/Traffic Safety Commission." 12.01.020 Commission Composition and'Membership. The Pub- lic/Traffic Safety Commission shall consist of seven (7) Members appointed by the City 'Council pursuant to Section 2.06.050 of this Code. No officers. or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be members of such Commission. 12.01.030 Term of Office. Terms of office for Public/Traffic Safety Commissioners shall be three (3) years with staggered terms. Initially, all seven (7) members may be selected at once. In order to achieve staggered terms, three members shall be appointed for terms of three (3) years; two members for terms of two (2) years; and two members for terms of one (1) year, said terms to be determined by the drawing of lots. At the completion of any term, a Commission member may be reappointed pursuant to the procedures set forth in Section 2.06.050 of this Code. 12.01.040 Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to.provide necessary technical and clerical assistance to the Commission. 12.01.050 Time and Place of Meeting. The Public/Traffic Safety Commission shall establish a regular date, time, and place for Commission meetings, which shall be open to the public. Said meetings shall occur no less frequently than once a month. 12.01.060 Duties. The Public/Traffic Safety Commission shall advise · the City Council on all matters subject to the jurisdiction of the Council pertaining to the public and traffic safety. The duties of the Public/Traffic Safety Commission shall be established by Resolution of the City Council. 12.01.070 Public Hearings. Whenever the Commission determines, by a two-thirds (2/3's) majority of those Members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the City,. or of a certain area of the City, the Commission may direct a public hearing be held concerning such matter or matters. Notice of such a heating shall be provided by publication in a newspaper of general circulation published in the City of Temecula, and/or by posting the same in at least three (3) public places, not later than seven (7) days prior to the date of the hearing. Such hearings shall be conducted in accordance ' with the rules established for the conduct of hearings before the City Council unless the Council, by Resolution, shall otherwise provide." repealed. Section 2. Chapter 11.01 of the Temecula Municipal Code is hereby Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. Section 5. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOFrED this day of , 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 92-17 w~ duly introduced and placed upon it first reading at a regular meeting of the City Council on the 271h day of October, 1992, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of ,. 1992, by the following roll call vote. ~AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCR,MEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk ITEM NO. 14 TO: FROM: DATE: SUBJECT: APPROVA CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 10, 1992 Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 RECOMMENDATION: It is requested that the City Council: Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING.THE OFFICIAL ZONING MAP OF SAID CITY BY APPROVING THE CHANGE OF ZONE APPLICATION NO. 5724 CHANGING THE ZONE FROM RoR (RURAL RESIDENTIAL) TO R-1 (ONE FAMILY DWELLINGS) ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE' CITY COUNCIL OF THE 'CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5724 CHANGING THE ZONE FROM RoR TO R-1 ON PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMILY LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF THE TEMECULA CREEK INN. S~STAFFRPT~5724CZ-4.CC Adopt Negative Declaration: NEGATIVE DECLARATION FOR CHANGE OF ZONE NO. 5724 AND TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4. BACKGROUND The Planning Commission approved Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 on September 21,1992 on a 5-0 vote. A number of homeowners surrounding the project site expressed their opposition to the project (see attached minutes and letters). Their concerns included: lack of provisions for handling first flush pollutants, traffic on Via Gilberto and Pala Road, noise and light pollution, impacts on wildlife, excessive grading, density, decrease in property values, safety of children on Via Gilberto, grading the site without construction for many years, the excessive number of homes approved already in the City, increased crime and pollution and the availability of secondary access. The Planning Commission felt the above concerns had been mitigated through staff's Conditions of Approval. The Planning Commission approved the project with the addition of a new condition 38.A. to read as follows: 38 .A. Lots 1, 2 and 3 shall be eliminated and be replaced by open space lots. Similarly, lot 11 shall be replaced by an open space lot. These two open space lots shall be dedicated to the City as permanent open space. In addition. the Commission, amended Condition No. 18.F.(4) to read as follows: 18.F.(4) All graded slopes over three (3) feet high shall be planted with large shrubs and ground cover immediately after rough grading the site. A Performance Bond shall be secured prior to issuance of grading permits to insure installation of this landscaping. A one year Maintenance Bond will be required to insure maintenance and survival of this landscaping. Irrigation may be accomplished by permanent irrigation or using water trucks. FISCAL IMPACT None Attachments: 2. 3. 4. 5. 6. 7. Ordinance 92- for Change of Zone No. 5724 - page 3 Resolution 92- for Change of Zone No. 5724 - page 6 Resolution 92- for Tentative Tract Map No. 25277, Amendment No. 4 - page 11 Conditions of Approval - page 17 Planning Commission Minutes (September 21, 1992) - page 18 Planning Commission Staff Report (September 21, 1992) - page 19 Development Fee Checklist - page 20 S~STAFFRPT'~SI24CZ-4 CC 2 ATTACHMENT NO. 1 ORDINANCE NO. 92- S%STAFFRPT~.5724CZ4.CC 3 ATTACHMENT NO. 1 ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, A,MI?,NDING ~ OFFICIAL ZONING MAP OF SAID CITY BY AlPROVING THY, CHANGE OF ZONE APPLICATION NO. $724 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-1 (ONE FAMYf,Y DWEI,I,~IGS) ON PROPERTY LOCATED ON ~ SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. THE CITY COUNCIL OF ~ CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin~,s. That the Temecula City Council hereby makes the following findings: Public hearings have been heard before the Planning Commission and City Council of the City of Temecula. State of California, pursuant to the Planning and Zoning law of the State of California. and the City Code of the City of Temecula. The application for the Change of Zone 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 time 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 change of Zone No. 5724 and in the above title, 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 shall certify to the adoption of this Ordinance and cause it to be posted in at least three public places in the City. Section 3. Takint, Effect. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of the Ordinance and cause copies of the Ordinance to be posted and published as required by law. '~,~,YAFFRFI'~5724CZ..4 CC 4 PASSED, APPROVED AND ADOPTED this 10th day of November, 1992. ATTEST: PATRICIA H. BIRDSALL, MAYOR June S. Greek, City Clerk [SEAL] STATE OF CAI-rFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 10th day of November, 1992, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the__ day of , 199 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCI~ERS: COUNCil, S: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F. Field City Attorney S~STAFFRF~5724CZ4.CC 5 ATTACHMENT NO. 2 RESOLUTION NO. 92- S~STAFFRPT%5724CZ-4 ,CC 6 : ATTACHIrritaNT NO. 2 RESOLUTION NO. 92- &se A RF~OLUTION OF ~ CITY COUNCIL OF ~ CITY OF T~MF~CULA At'PROVING CHANGE OF ZONE NO. 5724 CHANGING ~ ZONE FROM R-R TO R- 1 ON FROPF, RTY LOCATED ON ~ SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMEC~ CREEK INN. WHEREAS, Acacia Construction fried Change of Zone No. 5724 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on September 21, 1992, at which time interested persons had an opp0rmnity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; WHEREAS, the City Council conducted a public hearing pertaining to said Change of Zone on November 10, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff · Report regarding the Change of Zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLIX)WS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general pl.an 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 S%STAFFRPT%5724CZ4.CC 7 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. Them is a .reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is litfie or no probability of substantisl detriment to or interference with the future adop~ 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, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Change of Zone, makes the following findings, to wit: 1. Them is a masonable probability that Change of Zone No. 5724 will be consistent with the City's future General Plan, which will be completed in a masonable time and in accordance with State Law, due to the fact that the density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the futur~ General Plan. Furthermore, the proposed R-l zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. 3. The project is compatible with Surrounding !and uses since this pwject is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. 4. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated into the project design and Conditions of Approval to reduce the impacts to a level of insignificance. S'~,STAFRRPT%S724CZ-4.CC 8 D. The Change of Zone is compatible with the health, safety and weftare of the community. Section'2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby approves Zone Change No. 5724 to change the zoning on 47.7 acres of land from R-R to R-1 on property located on the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTED this 10th day of November, 1992. ATTEST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) S%STAFFRPT%5724CZ4.CC 9 I IP~ERY 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 10th day of' November, 1992 by the following vote of the City Council: AYP-~: NOES: ABSENT: COUNCILMEMBERS: COUNCn-MRMBERS: COUNCILMEMBERS: J'LrNE S. GR~-PK CITY .CLERK S~STAFFRPT'~S724CZ4CC ATTACHMENT NO. 3 RESOLUTION NO. 92- S%STAFFRP'Pt5724CZ4.CC ATFAC~ NO. 3 RESOLUTION NO. 92- A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 25277, AMEND~ NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCRL INTO 96 SINGLE FAlVm,Y LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND ~ EASTERLY SIDE OF THY~ TEMECULA CREEK INN. WHEREAS, Acacia Construction ~ed Tentative Tract Map No. 25277, Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map on September 21, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WttEREAS, at the conclusion of the Commission heating, the Commission recommended approval of said Tentative Tract Map; WHEREAS, the City Council considered said Tentative Tract Map on November 10, 1992. at which time interested persons had an opportunity to testify either in support or. opposition; : WHEREAS, at the conclusion of the Council hearing, the Council approved said Tentative Tract Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERNIINE AND ORDER AS FOLLOWS: Section 1. Findinps. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: : SXSTAFFRPT~5724CZ4.CC 12 general plan. The city is proceeding in a timely fashion with the prep~.tion of the ' 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasbnable time. b. There is little or no probability 'of substantial detriment to' or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. A. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion-with the preparation of its General Plan. B. The proposed Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Cede, to wit: The city is proceeding in a timely fashion with a preparation of the general plan. 2. The Planning Commission finds, in recommending approval of projects. and midng other actions, including the issuance of building permits, pursuant to this title, each of the following: a. There is reasonable probability that Tentative Tract Map No. 25277, Amendment No. 4 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a ,T. asonable time· b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complies with all other applicable requirements of state law and local ordinances. C. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: .- SXSTAFFRPT'~5724CZ4.CC 13 specific plans. That the proposed land division is consistent with applicable general and 2. That the design or improvement of the proposed land division is consistent with applicable general and' specific plans. 3. That the site of the p~r0posed land division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the proposed land division or the type oi' improvements are not likely to cause serious public health problems. 7. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access. through, or use of, property within the proposed land division. A.land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. D. The Council in approving of the proposed Tentative Tract Map, makes the following findings, to wit: 1. There is a reasonable pmbabHi.'ty that Tentative Tract Map No. 25277 will be consistent with the City's future General Plan, which wUl 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. Furthermore, the pwposed density of the pwject, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use DesignatiOn of Low Density Residential. 2. There is not a likely probability of substantial detriment to, or interference with the City 's future General Plan, if the proposexl use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a golf course and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4. The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance. $~STAFFRPT%5724CZ-4,CC 14 5. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 7. 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. 8. The City Council has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public seBzice needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and f'mds that the project density is consistent with SWAP and the future General Plan. Additionally, it will. provide more diversity in the housing type available to the residents of the City of Temecula. 9. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District' s requirements. 10. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473. I) by limi:ing the height of the future structures to 40 feet and requiring setbacks according to the R-I standards. ! 1. The project has acceptable access by means of dedicated fight-of-way and has been conditioned to acquire the necessary fight-of-way for secondary access. ? E. As conditioned pursuant to SECTION 3, the. Tentative Tract Map is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effe~:t in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. S%STAFFRPT~,5724CZ4 CC Section 3. Conditions. That the City of Temecula City Council hereby approves Tentative Tract Map No. 25277, Amendment No. 4 for the subdivision of a 47.7 acre parcel into 96 single family lots and 5 open space lots located at the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Tcmecula Creek Inn and known as Assessor's Parcel No. 918-180-005 & 019 subject to the following conditions: A. Exhibit A, attached hereto. Section 4. The City Clerk shah certify the adoption of this Resolution. PASSED AND ADOPTED this 10th day of November, 1992. ATrF_,ST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] 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 10th day of November, 1992 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEIVIBERS: COUNCILMEMBERS: YtYNE s. CITY CLERK S%.STAFFRPT%S?24CZ-4.CC 16 ATTACHMENT NO. 4 CONDITIONS OF APPROVAL & -e S~.TAFFRFT%5724CZ4.CC 17 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No: 25277, Amendment No. 4 Project Description: A request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres Assessor's Parcel No.: 918-180-050, 019 PLANNING DEPARTMENT 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. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance. 460· The expiration date is e e Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision phasing shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of both the comprehensive rough grading plan and the final precise grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes for structures shall be a minimum of one-half the slope height or as otherwise approved by the City Engineer. B. Be contour-graded to blend with existing natural contours. The applicant shall comply with the Army Corps of Engineers recommendations outlined in the letter dated March 6, 1992, a copy of which is attached. The applicar~t shall comply with the Rancho California Water District recommendations outlined in the letter dated March 4, 1992, a copy of which is attached. S'.STAFFFFT~5724CZF~ Reveed 0cte4~r 30. 1992 21 10. 11. 12. 13. 14. 15. 16. The applicant shall comply with the California Department of Fish and Game recommendation outlined in the transmittals dated July 9, 1991 and April 20, 1992, copies of which are attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 4, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District's transmittal dated August 12, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Community Services Department transmittal dated July 7, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 28, 1991, a copy of which is attached. Lots created by this subdivision shall comply with the following: A. Lots created by this subdivision shall be in conformance with the development. standards of the R-1 zone. Graded but undeveloped land .shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Direct'or of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Pnor 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 approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety.. The following shall be noted on the ECS: A. The Pechanga Creek is designated as a wildlife corridor. 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. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. S~STAFFRPT',5724CZ,PC Reveed (3etaiN 30, 1992 22 : 17. Prior to the issuance of GRADING PERMITS, the following conditions shall be satisfied: Prior to the issuance of grading permits, detailed landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. These plans shall be consistent with the conceptual landscape plan as required by Condition No. 18.F. The plans shall be certified by a landscape architect, and shall provide for the following: (1) Automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. However, areas being retained in their native state shall not have permanent irrigation systems and should not be irrigated unless revegetation is required. (2) Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. (3) Front yards shall be landscaped including street trees. Typical front yard landscaping shall be included for interior lots, corner lots and cul-de-sac lots. (4) A wall and fencing plan shall be submitted for the project . Wooden fencing shall not be allowed on the perimeter of the project or the side yard of corner lots. This plan may be incorporated into the landscape plans. (5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. (6) Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. (7) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. (8) Trails and picnic area facilities shall be depicted on the landscape plans.. (9) All trees stYall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. (10) All street trees shall be a minimum of 15 gallon. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. S%STAFFRIDl'~5724C.Z.PC Reveecl Octa,bar 30. 1992 23 18. (2) (3) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The, toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. (4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. De 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 shall be retained by the developer for consultation and comment on the proposed grading with respect .to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. F. All manufactured slopes shall be planted with erosion control, low, fire resistant, native and drought tolerant landscaping. The temporary irrigation for these slopes shall be removed after plants have been established. The temporary irrigation shall be designed as not to damage the existing oak trees on the site. .' Prior to the approval of. rough grading plans and recordation of the Final Map, a comprehensive rough g~ading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Approximate t,me frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. B. Preliminary pad and roadway elevations. C. Areas of temporary grading outside of a particular phase. S~-STAFFRPT'~5724CZ PC Reveed October 30. 1 ~92 24 Oak tree preservation according to Condition No. 19. Grading on the open space lots shall be kept to a minimum to preserve the natural state of the environment. This condition applies to lots 97, 99 and 100. Prior to recordation of the final map, a conceptual landscape plan'shall be approved by .the Director of Planning. The following shall be considered when preparing' and approving'this plan: ( 1 ) The preservation of the Oak trees is required by Condition No. 19. (2) The revegetation of the Pechanga Creek as required by Condition No. 29. (3) Using drought tolerant, fire resistant plant type for slope planting as required by Condition No. 20.G. (4) All slopos ovor throo foot high shall bo irrigatod and Iondooapod. All graded slopes over three (3) feet high shall be planted with large shrubs and ground cover immediately after rough grading the site. A Performance Bond shall be secured prior to issuance of grading permits to insure installation of this landscaping. A one year Maintenance Bond will be required to insure maintenance and survival of this landscaping. Irrigation may be accomplished by permanent irrigation or 'using water trucks. (Amended by Planning Commission at the September 21, 1992 meeting). (5) Irrigated and non-irrigated areas shall be identified. (6) Trails, picnic areas and' all associated signs within the open space areas shall be identified. (7) Typical front yard landscaping for interior, corner and cul-de-sac lots shall be included to include street trees, hydroseeding or sod, shrubs and ground cover. (8) Location of all walls and fences shall be identified. The perimeter of the · project shall include decorative block wall, Wrought iron or combination as specified in Condition No. 27. Corner lot side yards shall be decorative block wall. (9) Erosion control shall be consistent with Ordinance No. 457.75. (1 O) Timing of installation of all landscaping shall be specified on the plans. S~STAFFIU~T',S?24C, Z PC I~veed 0cta~.,~' 30. 1992 25 19. An oak tree protection and replacement program, prepared by a licensed arbodst (oak tree specialist/biologist) shall-be prepared prior to recordation of the final map and shall be implemented. This arborist/biologist shall be present on the site throughout all grading and construction activities which may impact the oak trees on the site. The program shall include but not be limited to the following components: A; Program Elements to be graphically depicted on rough and precise grading plans: (1) The location of the trunk and extent of dripline for all trees within the project site .and the type and location of any project fencing. The trees that will be saved, transplanted or eliminated shall be identified on these plans. Trees that are eliminated shall be replaced as specified on Condition No. 19.B.8. All the trees on the project site and within 75 feet of the centerline of the secondary access on the Querry property to the east (Tentative Tract Map No. 27473) or the extent of ground disturbance necessary for the construction of this road, whichever is more, shall be identified. (2) Construction envelopes shall be designated on all parcels located outside the driplines of all oak trees. All ground disturbances including grading shall be prohibited outside construction envelopes. (3) Equipment storage and staging areas shall be designated on rough and precise grading plans at least six (6) feet outside of dripline areas. (4) All replacement trees and transplanted trees may be used 'to revegetate the creek as specified in Condition No. 29, (5) Permanent tree wells or retaining walls shall be specified on precise grading plans, (6) '(7) Drainage plans shall be designed so that oak tree trunk areas are properly drained to avoid ponding. All utilities shall be placed directly adjacent to roadways and driveways in. order to minimize impacts to trees.' All Utilities shall be placed within construction envelopes. (8) The following bonds shall be secured by the developer, or his successors in interest: (A) Prior to issuance of grading permits: To preserve, transplant and replace the eliminated trees with new saplings in compliance with the conditions of approval during the grading, construction or any other related activity. S~STAFFFIPT~,724CZ PC PeV.Nd 0~OlZBr 30. 1~92 26 (B) Prior to acceptance of the open space lots by the City~ To ensure the long term survival of the transplanted trees and new saplings. (C) Prior to acceptance of the open space lot by the City: To ensure the "long term survival' of any tree that has been damaged as a result of construction activities. Long term survival shall mean a minimum of 10 years or if otherwise determined by the arborist and approved by the Planning Director. The amount of bonds .shall be determined by the arborist and approved by the Planning Director. Sections B and C above shall not apply to trees within individual parcels. (9) All oak trees within 25 feet. of proposed ground disturbances shall be temporarily fenced with chain-link or other material throughout all grading and construction activities. The fencing shall be installed six feet outside the dripline of each oak tree, and shall be staked every 6 feet. (10) No artificial surface, pervious or impervious, shall be placed within 6 feet of the dripline of any oak tree. If this is determined to be infeasible, the affected trees shall be transplanted. Program elements to be printed as conditions on final grading and building plans: (1) No grading or development shall occur within the driplines of oak trees which occur in the construction area. (2) No construction equipment shall be parked, stored or operated within 6 feet of any oak tree dripline. (3) No fill soil, rocks or construction materials shall be stored or placed within six feet of the d~ipline of an oak tree. (4) Any roots encountered that are one inch in diameter or greater shall be cleanly cut and sealed with a tree-seal compound. (5) Any trenching required within the dripline or sensitive root zone of any oak tree shall be done by hand. Any oak tree roots greater than one inch in diameter exposed in any trench shall be cut and sealed with approved sealant immediately after the trench is excavated. (6) Irrigation shall not occur within the dripline of any existing oak tree that has not previously been irrigated, except as otherwise recommended by the arborist. S~STAFFRPT~S724CZ PC Rsveed Oetob~ ,lo. 11g2 27 . (7) Only designated trees shall be transplanted and/or .eliminated. 20. (8) Any oak trees which are eliminated and/or damaged (more than 40% of root zone disturbed) shall be replaced on a 10:1 basis with 10 gallon size saplings grown from locally obtained seed. Where necessary to remove a tree and feasible to replant, trees shall be boxed and replanted. A drip irrigation system with a timer shall be installed as recommended by the arborist. Trees shall be maintained until' established (ten years or as determined by the arborist and approved by the Planning Director). The planrings shall be protected from predation by wild and domestic animals, and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period. (9) Any unanticipated damage that occurs to trees or sensitive habitats resulting from construction activities shall be mitigated in a manner approved by the Planning Director. This mitigation may include but is not limited to tree replacement as specified in Condition No. 19.B.8. The required mitigation shall be done immediately under the direction of the Planning Director prior to any further work occurring on site. (10) All trees located near proposed buildings shall be protected from stucco or paint during construction. (11) A Planning Director approved arborist 'shall be onsite throughout all grading and construction activities which may impact trees located on the site. Ce Prior to issuance of grading permits, the applicant shall submit a copy of the precise grading plans to the Planning Department for review and approval. All aspects of the plan shall be implemented as approved. Monitorina: Planning Department shall conduct site inspection throughout all phases of development to ensure compliance with and evaluate all tree protection and replacement measures. Release of performance security requires Planning Staff signature. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied': No building permits shall be issued by the City for 'any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($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 fire protection plan as approved by the County Fire Marshal. S~STAFFRPT',.S724CZ PC Reveed Oc~d~ 30. t~S2 28 .' ; 21. 22. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. F. All street side yard setbacks shall be a minimum of ten (10) feet. The precise grading plan shall be subject to the approval of the Fire Department. Minimum 30 foot rear and side yard setbacks shall be required for lots abutting (from the side or rear) the open space areas to minimize the fire hazards. The developer shall consider this condition when' designing the units to ensure compliance with these setback adjustments. Native, drought tolerant and fire resistant landscaping shall be used to protect the slopes to further reduce the fire hazards, or other mitigation measures approved by the Fire Department. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation within each individual lot Shall be installed in accordance with approved plans prior to the issuance of occupancy permit for that lot. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. All landscaping and irrigation outside individual lots shall be completed prior to issuance of the first occupancy permit. The subdivider shall defend, indemnify, and hold harmless 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 al~proval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 25277, which action is brought within the time penod 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 coolierate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. S'~.STAFFRPT~S724CZ PC eeveed OctebB 30. 1992 29 23. 24, 25, 26. 27. 28. 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 prorider. Telephone, cable TV, and/or security systems shall be p.re-wired in the residence, All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Within forty-eight (48Y hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers. check or money order payable to the County Clerk 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, in compliance with AB 3158, 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 applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). The following information shall be included with the White Report and be available to the prospective residents of the project at the time of initial marketing: A copy of the State Department of Agriculture Pamphlet, Living Among the Oaks. The back yard lighting for all lots abutting the Pechanga Creek shall be limited to a type that limits light pollution in the creek. The Pechanga Creek is designated as a wildlife corridor and using the trails after dark is discouraged. A combination of block wall (3 feet high) and wrought iron (3 feet high) fencing shall be constructed along the rear property lines of all lots abutting the Pechanga Creek. The same wall shall be constructed along the side and rear property .lines of all the lots that abut all the open space areas; The side yard fencing' on all corner lots shall be a block wall. S~gnage shall be included for apprGpriate locations on the trails to inform all trail users of the potential presence of Mountain Lions after dark. The sign shall read "Warning, Mountain Lion Country, A Risk, There are Mountain Lions in this area, they are unpredmtable and dangerous. Minors (under 18 years of age) may be attacked without warning, they must remain under direct adult supervision at all times." Signage shall be approved by the Director of Planning prior to issuance of Occupancy Permits. S~STAFFRPT~5724CZ PC ~..., o~,,~. so. ~ss2 30 29.. 30. 31. 32. 33. 34. 35. 36. 37. 38. The creek shall be revegetated to enhance the wildlife corridor for wildlife movement. This revegetation shall be subject to approval of a qualified biologist/an arborist and a registered landscape architect. This plan shall be submitted for review and approval of the Planning Director prior to issuance of grading permits. Oak trees that need transplanting may be used to revegetate the wildlife corridor. A pamphlet shall be available to all trail users to providing tips in case of encountering Mountairr Lions (refer to Attachment ,7" of the Staff' Report). This pamphlet shall be available at all trail signs. No grading permits shall be issued until the precise grading plans and the ~inal landscape plans for the entire project is approved by the Planning Department. The applicant shall receive appropriate Fish and Game and Army Corps of Engineers permits prior to issuance of grading permits. A copy of clearances from these agencies shall be submitted to the Planning Department. The precise grading plan shall include the secondary access alignment through the Querry property to the east (Tentative Tract Map No. 27473). Trails and picnic areas shall be developed, completed and dedicated to the City prior to issuance of the first occupancy permit for the project. The applicant shall complete the annexation procedures to the Eastern Municipal Water District and Rancho California Water District and receive approval of the improvement plans for installation of all utilities prior to recordation of the Final Map. A historic site, CA-RIV-330-H, is located just outside the project boundary to the South of the southwest property line. This adobe wall shall be protected from grading and possible blasting even though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to .protect the structures. The fencing shall be shown on · the grading plans. This fenc!ng shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measure, the impacts would be reduced to a level of insignificance. Heavy construction activity and deliveries shall be restricted to the hours of 7 a.m. to 7 p.m. on weekdays. A mitigation monitoring program shall be submitted to identify all environmental mitigation measures contained in the Conditions of Approval. This program shall identify the impacts the mitigation measures. the stage of the development the mitigation measures are to be enforced and the responsible party for monitoring the mitigation measures. All cost necessary to implement his program shall be the responsibility of the applicant. S~STAFFRPT'~5724CZ,PC Reveed 0~obe~ 30, 1992 3 1 Lots 1, 2 and 3 shall be eliminated and be replaced by an open space lot. Similarly, lot 11 shall be replaced by an open space lot. These two open space lots shall be dedicated to the City as permanent open space. (Added by Planning Commission at the September 21, 1992 meeting). DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval fo~ this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown 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. PRIOR TO RECORDATION OF THE FINAL MAP: 39. The Subdivider shall record a written agreement within 72 hours of approval of the Tentative Map confirming an offer to waive the owner's rights as described in section 66462.5 of the Subdivision Map Act or this approval shall be revoked and deemed void. The Subdivider shall not request or require the City of Temecula to enter into condemnation proceedings to acquire any offsite right-of-way needed within Tentative Tract Map No. 27473 to comply with these conditions of approval. The Subdivider shall not record any phase of the approved tentative map until adequate right-of-way for secondary access has been acquired at the owner's sole expense. Failure to acquire any offsite right-of-way shall not void or invalidate any condition of approval. 40. Subdivider shall not record any phase of this map until Tentative Map 27473 is approved showing a fixed alignment for the secondary access road, and a preliminary grading and construction analysis has been completed in complete compliance with CEQA requirements identifying all mitigation measures. 41. If Tentative Map 27473 is not'approved prior to the Subdivider's request to record any phase of this map. the owner shall submit a revised Tentative Map to the City of Temecula for review and approval showing a fixed alignment for the secondary access road across the adjacent property, shall acquire the necessary right-of-way for roadway purposes at his sole expense, shall complete a grading and construction analysis, and shall be in complete compliance with CEQA requirements including mitigation measures. Subdivider shall pay all fees associated with the processing of a revised map and all associated studies. 42. 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. S~STAFFRPT%S724CZ,PC Revmed 0etabee 30, 1992 32 43. 44. 45. 46. 47. 48, 49. 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 Flood Control District; City of Temecula Fire Bureau; Planning Department; .Department of Public Works; Riverside County Health Department; CATV Franchise; Metropolitan Water District; Temecula Community Services District; General Telephone; Southern California Edison Company; Southern California Gas Company; Army Corp of Engineers; and Department of Fish and Game 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. Via Gilberto and Streets "A" through "J" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). The Via Gilberto and Via Eduardo crossings at Pechanga Creek shall be improved with full width bridges consistent with the ultimate required road improvements, or bonds for the bridge improvements may be posted, within the dedicated right-of-way in accordance with applicable City, County and State Standards. A secondary access road with a minimum of 32 feet of A.C. paving shall be provided within a minimum of 45 feet of dedicated right-of-way, or bonds may be posted, from Street 'H' or Street 'J' across the adjacent property (Tentative Tract Map No. 27473). The right-of-way shall be 60 feet in width with 32 feet minimum of A.C. paving from the terminus of Via Eduardo southwesterly to the boundary of Tentative Tract Map No. 27473. The existing cul-de-sac shall be reconstructed for through traffic and drainage. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements, when required for roadway slopes, recreational trails, 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 and recorded as directed by the Department of Public Works. S~.STAFFRPT%S724CZ PC 30. 1112 33 50. 51.¸ 52. 53. 54. 56. 57. 58. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and slopes) and erosion control. D. Sewer and domestic water systems. E. All trails, as required by the Temecula Community Services District. F. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with. adjoining developments. (Tentative Map No. 27473). Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 91-43 and as approved by the Department of Public Works. Prior to recordation of the final map, 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 traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 300 feet or as 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. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. S%STAFFRPT%S?24CZ PC I~vmed 0¢tebB, 30. 19'12 34 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. Engineered improvement plans for the bridge crossings shall be included with the street improvement plans and shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the'side property line. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The. report shall address the soils stability and geological 'conditions of the site. A formal drainage study shall 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 buildings and obstructions." 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 recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. If deemed necessary by the Department of Public Works, a copy of the improvement plans, .grading plans arid final map, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for review. Slope protection shall be provided for all work performed within Pechanga Creek. All facilities shall conform to City of Temecula and Riverside County Flood Control standards. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. $~STAFFRFT~S724CZ PC 71. 73. 74. PRIOR' 75. 76. 77. The subdivider shall protect downstream properties from damages 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. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A and is subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecuia and with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain and any other development constraints. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. TO ISSUANCE OF GRADING PERMITS: Prior to issuance of a grading permit, developer must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES clearance is granted or the project is shown to be exempt. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. If blasting is to occur during the grading process, permits shall be obtained from the City of Temecula Police Department. Notice shall be given to all residents and property owners within 1000 feet of the project boundary at least 3 days prior to blasting. Blasting shall only be conducted between the hours of 10:00 AM and 4:00 PM, Monday through Friday except Federally recognized holidays. If an emergency situation related to safety or weather conditions should occur, blasting may occur outside of these hours. Blasting shall be performed in accordance with the following specifications, and in such a manner that noise, ground and air vibration, .and dust are maintained at levels which satisfy Federal, State, County arid City standards: A. Blasting shall be conducted by a trained and licensed blaster. Be The explosive used for blasting work will be standard commercial products specifically designed for mine applicateons. C. Blasting shall.be performed using electric or non-electric blasting systems. All blasts shall be detonated with a milhsecond delay system to limit the quantity of explosive detonated per delay period and to provide for sequential control of the blast detonation. S~.STAFFRFT%S?24CZ PC Reveeed 0¢te4x, r ,30. 1992 36 78. 79. 80. 81. 82. 83. 84. 85. The explosives shall include bulk ANFO suitably primed for blast hole conditions, unless other more suitable materials are deemed appropriate by the blasting consultant. F. Water-resistant explosives shall be used where wet blast hole conditions exist. Explosive supplies shall be used in accordance with the technical recommendations of the manufacturer and the Institute of Makers of Explosives. All blast holes shall be carefully stemmed with inert granular material, and individual blast holes will be loaded with due recognition of instant rock fracture and burden conditions. Seismic monitoring of each blast shall be performed by an independent, qualified consultant. Prior to any work'being performed within Pechanga Creek, a 404, 1603 and any other necessary permits shall be obtained from the appropriate agencies. (Army Corp of Engineers, Department of Fish and Game, San Diego Regional Water Quality Control Board, etc.) A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. Erosion control and runoff mitigation plans shall be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. Erosion control and runoff mitigation shall be maintained at all times. All lot. drainage shall be to the street by side yard drainage swales independent of any other lot. If deemed necessary at the time of grading permit issuance, a flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If not deemed necessary or if the full Area Drainage Plan fee or m~tjgat,on charge has already credited to this property, no new charge needs to be paid. A letter of permission shall be required from all adjacent property owners for any grading work within their property. If necessary, a permit from the County Flood Control District is required for any work within their right-of-way. $~-STAFFRFT%S?24CZ PC I~v,aed OctadDe, 30. lee2 37 PRIOR 86. 87. 88. 89. PRIOR 90. 91. 92. TO BUILDING PERMIT: 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 Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Prior to the issuance of any building permits, construction of the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek shall have begun. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved comprehensive rough grading plan. 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. rf 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 security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed 910,000. 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, 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: Complete full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. A 32 foot wide secondary access road from Street *H" or Street "J" to Via Eduardo shall be completed within a recorded right-of-way for roadway purposes as approved by the Department of Public Works. Full width bridge crossings at Via Gilberto and. Via Eduardo shall be completed within the dedscated right-of-way for roadway purposes to be acquired by the subdivider at his own expense. A minimum of 32 feet of A.C. paving within 60 foot right-of-way shall be completed to connect to the existing Via Eduardo cul-de-sac terminus to the northerly boundary of Tentative Map 27473. S~TAFFRPT%5724C, Z PC P, eveed Octe4aer 30. 1992 38 93. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 94. No occupancy shall be granted until the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek has been completed. Transportation Enaineerina PRIOR TO RECORDATION OF THE FINAL MAP: 95. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works as directed by the Department of Public Works and shall be included in the street improvement plans. 96. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Via Gilberto at Pala Road and shall be included in the street improvement plans with the second plan check submittal. 97. 98. 99. PRIOR Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. A Transportation Demand Management program will be required. Subdivider shall execute an agreement for the reimbursement of construction cost above his pro rata share of the improvements of the traffic signal at Via Gilberto and Pala Road from future development as determined by the Department of Public Works. TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 100. 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. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 101. All signing 'and striping shall be installed per the approved signing and striping plan. 102. The traffic signal at Via Gilberto and Pala Road shall be installed and operational per the special provisions and the approved traffic signal plan. 103. The subdivider shall provide 'stop" controls at the intersection of local streets along Via Gilberto as directed by the Department of Public Works. 104. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance, S%STAFFRPT%S724CZPC Fiereed Octdx.' 30. 1992 REPt. Y TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DIS'TI14CT. CORPS OF ENGINEERS P.O, BOX 2711 LOS ANGELES. CALIFORNIA IQQS3-2325 March 6, 1992 PECEIVED; 1 I RI01992 IIMKI4MI&ASSOClATES I'EMECULA. CA 92390 Acacia Construction c/o Markham and Associates 41750 WInchester Road, #N Temecula, CA 92590 Gentleman: It has come to our attention that you plan to construct a residential development (Tentative Tract Map No. 25277) in the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn Golf Course, Temecula, Riverside County, California. This activity may require a U.S. Army Corps of Engineers permit. A corps of Engineers permit is required for: 1. Work or structures in or affecting the "navigable waters of the United States", including adjacent wetlands; construction of a pier, wharf, bulkhead or jetty, dredging, dredge disposal, filling and excavation are examples of work or structures affecting navigable waters; 2. The discharge of dredged or fill material into the "waters of the United States",. including adjacent wetlands; placing bank protection, temporary or permanent stock-piling of excavated material, grading roads, any grading (including vegetative clearing operations) involving filling low areas or leveling the land, and construction of weirs,.diversions, approach fills or other structures involving the placement of fill material are examples of activities involving the discharge of dredged or fill material; 3. The transportation of dredged or fill material for the purpose of dumping it into ocean waters, 4. Any combination of the above. -2- Enclosed you will find a permit application form and a pamphlet that describes our regulatory program. If you have any questions, please. contact Roberty Smith of my staff at (213) 894- 5606. Please refer to this letter in your reply. Sincerely, Chief, South Coast Section Enclosures Board of Directors: Csaba F. Ko President Douglas V. Kulberg Sr. Vice President Balph H. Daily Nancy K. Hulhes Jeffrey L Minkler Lisa D. Peterson Richard D. Steffey Officers -John F. Henniltar General Manager Phillip L Forbes Thoreau R. Mc~,~ter E P- ~b" ~mon, Pe~ K ~ck March 4, 1992 City of Temecula Temecula Planning Department 43174 Business Park Drive Temecula, CA ' 92590 SUBJECr: Development Review Committee Agenda Thursday, March 5, 1992 Item No. 1 Tentative Tract Map 25277 Attention: Matthew Fagan, Case Planner- To Whom It May Concern: Rancho California Water District (RC'WD) would like to provide comments relative to the above-referenced item scheduled for the March 5th Committee meeting. The property is not within RCWD's service boundaries. The proponent remitted an annexation processing deposit on February 27, 1990. However, the District placed the annexation on hold pending the completion of a special environmental assessment. Water service from RCWD would not be available to the property 'until' the annexation process is completed. Recently,. the processing time involved in. completing an armexatioh has been' approximately two years. ff you have any questions or need additional information, please contact us. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Laurie Williams Manager of Engineering Services Ibm-b, ('ielifornia Wearer I)i-triet California Department of Fish and Game 330 Golden Shore. Suite 50 hono Beach. CA 90802 RECEIVED /ic R221g . ~vril 20. 1992 Mr. Larry Markham ~1750 Winchester Road. Suite N Temecula, CA 92590 Dear Mr. Markham: I have reviewed the information which you provided on Tentative Tract 25277 and have the follovina comments. Based on our discussions and review of the information it apPears that many of the Dotenial impacts to the streams and oak trees |lye been avoided. Also. the plan could result in an enhancement of the wildlife values within that portion Pechanaa Creek which runs throuoh the Dro.jec~ aide. At ~hi~ time I do not forsee any problems with the Department's execution of a Streambed Aft. station Aareement for this vro.iect. As soon as the pro.ject has ccm[,leted the reau~red compliance with the California Environmental Ou~lztv Act and vou have an aDDroved plan Vou may request yo~- St. remmked Airstation Aoreement. The processino time for a Streambed A1teratz,Dn Aoreement Is apDroxlmately 30 davs for when the Department receives a ,:omDlete notification Dackaoe. if you have any ouest~ons r, lease call me at (71~) 92~-2757. EnvzronmenCal Spacialist III Reo~on 5 STATE OF CALIFORNIA--THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 (213) 590-5113 PETE WILSON, Govq~mor 'July 9, 1991 Mr. Scott Wright The City of Temecula 43180 Business Park Drive, Suite 200 Temecula, California 92390 Dear Mr. Wright: Tentative Tract 25277 (SCH 91062057) The California Environmental Quality Act and the California Endangered Species Act require the lead agency to appropriately condition the project and fully implement the statutory mitigation and monitoring requirements to offset adverse impacts to the following resources which may be impacted by this project. Endanqered or threatened species of plant and animals. If the project would result in take, on or off project site, of any State-listed species or habitat essential to its continued existence, the applicant must obtain authorization from the DFG pursuant to Fish and Game Code Section 2081. Wetlands. Compliance with the DFG's Wetland Policy requires that there should be no net loss of wetland acreage or wetland habitat values, either on or off project site, due to project development. A mitigation and monitoring plan subject to DFG approval should be required for loss of sensitive habitats, including, but not necessarily limited to, freshwater marsh, riparian woodland, oak woodland, and riparian scrub vegetation. Watercourses. The. DFG opposes the elimination of watercourses and/or their conversion into subsurface drains. All watercourses, whether intermittent or perennial must be retained and provided with setback buffers appropriate to preserve the riparian and aquatic habitat values. Earthen channels should be interconnected with adjacent large open space areas to increase their effectiveness as wildlife corridors in urban surroundings. The DFG has direct jurisdiction under Fish and Game Code sections 1601-03 in regard to any proposed activities that would divert or obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake. We recommend early consultation since modification of the proposed project may be required to avoid impacts to fish and wildlife resources. Scott Wright July 9, 1991 Page Two Formal notification (with fee) under Fish and Game Code Section 1603 should be made after all other permits and certifications havebeen obtained. Work cannot be initiated until a streambed alteration agreement is executed. The project sponsor is subject to the user fee provided by Fish and Game Code Section 711.4, and the fee is payable to the County Clerk at the time of 0r prior to filing the Notice of Determination by the lead agency. If a Negative Declaration is filed, the user fee is $1,250. If an Environmental Impact Report is filed, the fee is $850. It is our assessment that this project will result in cumulative loss of fish and wildlife resources and is. not exempt from the user fee. In conclusion, if your analysis reveals that the above-mentioned concerns have been fully addressed throughout your decision-making process, we would not object to the project approval. However, we request that you provide us a copy of the final environmental document immediately upon approval and prior to filing the Notice of. Determination.' If you have any questions, please contact Kim McKee at the above address or by telephone at (213) 590-5137. Sincerely, Regional Manager Region 5 Office of Planning and Research Environmental Services Division 210VerESTSANJAClN11:)AVI~N'I~*PI~RR~, CALIFORNIA92370 C714) TO: CITY OF TENECULA AUGUST 4, 1992 ATTEN: PLANNING DEPARTMENT RE: TRACT 25277 With respect to the revieE of the above referenced project, The site was previously designated Hazardous Fire Area by Riverside County due to the limited access, steep slopes and natural vege- tation. The hazardous designation expired when the city incorpo- rated. HoEever, the threat from'Eildland fires is still a concern and should be taken into consideration in the design of the of the lots adjoining the open space and in'the treatment and main- tenance of the open space lots. The project is proposing dead end' cul-de-sacs that exceed ordinance lengths, the project should not be approved unless the developer* can provide evidence that the off-site right--of--Eay can be acquired and that acceptable alter- nate or secondary public access can be constructed to a location other then Via Gilberto Road. The Fire Department recommends the fo.lloEing fire measures be provided in accordance Eith Temecula City and2or recognized fire protection standards. protection Ordinances 1. Schedule A.fire protection approved standard fire hydrants, (6"x4"x2 1/2") located one at each street intersection and spaced no more than S50 feet apart in any direction, Eith no portion of any lot frontage more than 165 ft. from a hydrant. Minimum fire floe shall be 1000 SPM for 2 hours duration at 20 PSI. 2. Applicant/developer shall furnish.one copy of the Eater plans to .the Fire Department for review. Plans shall be signed be a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire floE. Once plans are signed by the local Hater company, the originals shall be presented to the Fire Department for signature. · ' '3760 IZds Sasr. JZJseslsCAfi31)l (714) Z7.~.47'/'7 · i:AX (7141 (6191 863-.4116 FJ,Z (611) 86J-1072 Tract 25277 Cont. Aug, ~, i992 5. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 4. Prior to recordation of the final map, the applicant/developer shall provide the City Engineer with evidence that acceptable public secondary access can be constructed. 5. All buildings shall be constructed with class "B"roofing mate- rial as described in Section 5204 of the Uniform Building Code. Any wood shingles or shakes shall be approved by Building and Safety prior to installation. 6. Prior to the recordation of the final map, the developer shall deposit~ with the City of Temecula, a cash sum of $400.00 per lot/unity as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring. said payment to the time of issuance of the first building permit. All questions regarding the meaning of conditions shall ferred to the Planning and Engineering Staff. be re-- RAYMOND H. REGIS Chief Fire Department Planner Mbichael E.' Grayed, Fire Captain Specialist SUPPLEMENT 10/28/92 The primary concern of the Fire Department regarding building setbacks is to insure a minimum defensible space between improve- ments and the permanent natural open space areas within the project. On the lots that adjoin the open space on either a rear or side yard configuration defensible space should be a minimum 50 ft. setback landscaped. and maintained by the homeowner. For lots where a ~0 ft. sideyard setback would not be workable, the Fire Department would consider the use of alternative measures such as non-flammable construction or solid non-flammable walls along the common boundary. TEMECULA VALLEY Unified School District SUPERINTENDENT P&trIcil 8, Novorgy, Ed.D. BOARD OF -:.~UCATION Dr. David Eur:cr, Joan F. Welt Swec~le E;ltgrl TOokit August 12, 1992 City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: Salad Naaseh Re: Acacia Construction Tract Map 2527? We would like to take this opportunity to state our position regarding the Daymerit of school fees for the above referenced tract map. The Temecula Valley Unified School District will collect the amount in effect at the time that the building permit is applied for. .: Thank you for your time and cooperation concerning this matteL Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities. Planning 31350 Rancno Vista Road. Temecula, CA 92592 1'(714) 676-2661 TO: FROM: DATE: REFERENCE: Saied Naaseh, Planning Department Beryl Yasinosky Senior Development Assistant luly 7, 1992 Tentative Tract No. 25277, Amended No. 4. The Temecula Community Services Department staff (TCSD) has reviewed the conditions as set forth in the City of Ternecula Conditions of Appwval and recommends APPROVAL of Tentative Tract Map No. 25277, Amended No. 4, subject to the developer or his assignee conforming to the TCSD Quimby Ordinance No. 460.93 as follows: 1. Prior to recordation of the Fmal Map, the applicant or his assignee, shall offer for dedication lot numbers 97, 98, 99, 100, and 101, for park land and recreational trails and execute a Letter of Agreement with the City of Temecula, Community Services Department, to improve the proposed dedication areas in accordance with existing City standards. 2. ExteriOr slopes (as def'med as: Those slopes contiguous to public streets that have a width of 66' or greater) and/or slopes contiguous with proposed recreational trails, shall be offered for dedication to the City of Temecula for Maintenance purposes following compliance to existing City standards and completion of the application process..AH other slopes and open space shall be maintained by the individual homeowners or an established Homeowner's Association (HOA). 3. All proposed slopes, open space, park !and, and recreational trails intended for dedication to the City of Temecula shah be identified on the F'mal Map by numbered lot, with the square footage of said lot number indexed as a proposed City Maintenance area. 4. Access points for aH proposed City Maintenance Areas shah be identified on the · Final Map. All questions regarding the meaning of the conditions shall be referred to the Temecula Community Services Department. CC: Gary L. King, Development Services Administrator Debbie Ubnoske, Senior Planner Hr. Sam Ha~ttnez Count~ of RIverside Oepartmnt of Health Post Offlce Box )370 RIverside, California 92502 January'28, 1991 RFCF, IVED JAN 2 9 199! JrA',n ~1 E.M.W.D. ^ Subject: Tentative Tract Pap 25277 - Supplemental SAN 53 Information Dear Mr, Martinez: This letter iS in response tO your request for InfOrmation describing Eastern Municipal Water District's (EIqWD) service responsibility to the subject project. Please be informed that, according to our records, the subject project lies outside the EHWD's service area. In order to be eligible for service by the subject property must annex to EHWD and Metropolitan. Water District Southern California (HWD), For information re~arding annexations, please contact the District's Customer Service Department at 714) 766-1810. Assuming the subject project is annexed into EHWD and NWD, the following cor~ents regarding sanitary sewer and reclaimed water service may apply: Sanitary Sewer The anticipated daily wastewater flow from the subject project have been estimated o's follows: Average.Daily Flow (ADF): AOF "(105 DU) (3.5 PERSOHS/DU) (tO0 GPCD) · 0.0368 NGD Peak Daily Flo. (PDF): PDF - (2.5) (ADF) · 0.092 IqGD The project ts located within the Service area of the DtstrJct's Rancho California Regional Water Reclamation Facility (RCRWRF), located In Temecula. The RCRWRF presently has a treatment capacity of 5.0 MGD and an average daily flow of 3.5 NGD. The RCRWRF is being expanded to 6.25 HGD. Availability of treatment capacity is dependent on the. construction timin~ of the subject project. !via:l Tn' Post Office Bo~r 8.~00 · .~anJ.dmo. Califu, nia y2JBt-13lxm · TgJcl,honc (714} 92S-?;~7(. · I::,~ c'714) ;,'?~;-1'.2:7 Mm,n Off,cc: 2045 S. San Jaclmo Sift"It, Smn Jacinm · (lustumner Servkl/EnJineefin8 Annex. 440 ~. S~m H~rttneZ January 28, 1991 The nearest available existing EMWD Sanitary sewer ptpeltn~ to the subject project is a 12-inch diameter pipeline located along Rainbow Canyon Road at approximately Pechanga Creek. The cunflgural, lon of an onstte gravtty flow 'sewer system shall allow for a connection tn accordance with Otstrtct standards to the exlSttn~ sewer described in. Item No, 4 above. It ls considered the responsibility ui the developer to propose a plan of service that takes lnLo ConStder.atton the subject project grading plan, any tributary flow to the project .s~ce, and any offsite facilities required to make the proper connection to the existing sewer system. It would seem that a logical offsite sewer alignment would parallel the South side of Pechanga Creek for an approximate distance :3s~ewefre. et between the subject project and the existing Rainbow Canyon Construction of an approved plan of service will allow for the subject project to be connected to the existing and master-planned sewer collection system comprised of 4 combination of eravtty flow and pressVri~-d se~r pipelines, and treatment and d{sposal facilities. The dlsposal of treated wastewater will be accomplished by a combination of State approved beneficial use and percolatton practiceS, ".Available sewer currently does not front the subject project. The developer is expected to propose onstte and offsite sewer plans that must be reviewed by and receive the proper ENWD 'Planning Department approvals. It must be understood that the available capacity of the Dlstrict's se~er system changes continuously due to development within the District. As Such, service Will be provided based on the timing of the subject pro~eCt, the service agreement with the District, and the status of the District's permit to operate. Should you have any questions regarding these commentS, please contact Ruth HewSham or me at (714) 766-1850. Very t ru 1 y yours Director of Planning h'/HAS:RN:lp Co: doe Rlchards, Riverside County Planning Department John Frtcker, EMWD 90-3418 WO#: 91-325 7/P ATTACHMENT NO. 5 PLANNING COMMISSION MINUTES SEPTEMBER 21, 1992 &ee S%STAFFRPT%,5724CZ-4,CC I 8 PLANNING COMMISSION MINUTES SEPTEMBER 21, 1992 Tentative Tract Mao No. 25277 and~hanQe of Zone No. 5724 Saied Naaseh presented the staff report. Chairman Fahey opened the public hearing at 8:50 P.M. Larry Markham, Markham & Associates, 41750 Winchester Road, Temecula, representing the applicant, Acacia Construction, thanked staff for all their efforts. Mr. Markham advised that the applicant would concur with all the conditions except for Condition No. 87 and Condition No. 94. Mr. Markham suggested alternative wording as follows, "Prior to the issuance of building permits, financing shall be in place for the construction of the expansion, realignment or replacement of the Pala Bridge over Temecula Creek." Rick Snyder, Acacia Construction, 22390 Mission Hills Lane, Yorba Linda, concurred with the statements made by Larry Markham and provided an overview of the project. The following individuals spoke in opposition to the request: Nancy Backstrand, P.O. Box 923, Fallbrook (representing Friends of the Santa Margarita River), expressed the following concerns: no mitigation was provided for handling first flush pollutants; no provision for detaining excess water run-Off so that it can recharge the basin; and the effects on wildlife. Andrew Hovanec, 31018 Shaba Circle, Temecula (Wolf V. alley HOA), expressed concerns regarding traffic, noise and light pollution. Coralyn Knopp, 41843 Shorewood Court, Temecula (representing U.R.G.E.), expressed concern for water run-off effects on the Murrieta Creek. Don White, 31109 Via Gilberto, Temecula (Wolf Valley HOA), expressed concern with the grading, density, traffic volumes along Via Giiberto and Pala Road and decrease in property values. Carol Powell, 45884 Hopactong, Temecula (Wolf Valley HOA), concurred with Mr. Whites comments and added that the safety of children who play and pick-up school buses along Via Gilberto are concerns. PCI'dlN9121/9 2 -7- 912:3/92 PLANNING COMMISSION MINUTES SEPTEMBER 21. 1992. William Wilson, 45362 Tesiben Court, Temecula, expressed concern for mass grading with no development, opposed the density and construction on the mountain side. Fred Good, 45906 Hopactong, Temecula (Wolf Valley HOA), opposed the development due to the quantity of homes presently for sale in th~ City and the lack of demand for additional .. homes. Rick Tepalin, 31381 Pahuta Street, Temecula (W01f Valley HOA), expressed concern for the safety of children along-Via Gilberto and Via Eduardo, traffic and wildlife habitat. Bob Oblachinski, 30154 Shaba Circle, Temecula (Wolf Valley HOA), expressed concern for the number of available homes in Temecula and the need for this developer to increase the quantity of homes in the development. Sharon Marshall, 31149 Via Gilberto, Temecula (Wolf Valley HOA), expressed her concerns that the local economy would not support this project. AI Bobadilla, 31392 Via Eduardo, Temecula (Wolf Valley HOA), expressed concern for the negative impacts to the mountain (which is part of the Santa Rosa Mountain Range) and wildlife. Michelle Polley, 31234 Eona Circle, Temecula (Wolf Valley HOA), expressed opposition based on the noise and traffic volumes along Via Giiberto and Pala Road. AI Cook, 30962 Shaba Circle, Temecula (Wolf Valley HOA), stated that it is his opinion that the placement of a traffic signal at Via Gilberto and Pala Road is not a solution to the problem but admission of a problem. Bobble Hinker, 31163Lahontan, Temecula (Wolf Valley HOA), expressed concern with the traffic volumes, noise, crime and pollution. Bernice Sarudi, Hopactong, Temecula (Wolf Valley HOA), opposed the development due to the increase in noise and pollution. Ray Crain, Mission Realty, 337 E. Mission Road, Fallbrook, questioned whether the developer had confirmed secondary access. Kevin Everett, representing the Querry Trust (property south of the proposed project), acknowledged an agreement to a conceptual easement with transfer to Acacia, Larry Markham stated that the developer is fully aware of what is being done with Murrieta Creek and the water shed, however there is no ordinance in the City requiring retention of first water run-off. Mr. Markham added that the project could not carry lower end housing with its conditioned improvements. Commissioner Chiniaeff suggested the following modifications: 1 ) that Lots 1,2, 3 and PCMINgl21192 -8- 9123/92 PLANNING COMMISSION MINUTES SEPTEMBER 21. 1992 11 be part of the open space; 2)'the developer be required to plant the graded Slopes with a substantial planting. Chairman Fahey stated she is concerned 'that none of the conditions addressed the issue of traffic volumes on Via Gilberto with driveways coming out on this street. Commissioner Blair stated that although the developer has done a excellent job responding to prior concerns, she is still concerned with mass grading, destruction of the hillside and the effect of the change of zone on the residents. Commissioner Hoagland stated he felt the developer has done a very good job of answering the Commission's concerns. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to close the public hearing at 10:10 P.M. and Recommend Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277 Amendment No. 4 and Adoot Resolution No. 92-Next) recommending Approval of Change of Zone No. 4 based on the Analysis and Findings contained in-the staff report; and subject to the attached Condition of Approval and adding conditions that delete Lots 1,2, 3, and 11 and require the installation irrigation and large trees on the slopes at the time of rough grading. Rick Snyder, representing Acacia Construction, concurred with the additional conditions. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ATTACHMENT NO. '6 PLANNING COMMISSION STAFF REPORT SEPTEMBER 21o 1992 S%.STAFFRPT',rJ, 724CZ.-4 CC 19 ITEM #8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21, 1992 Case No.: Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 Prepared By: Saied Naaseh and Robert Righetti RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4; and ADOPT Resolution No. 92- recommending Approval of Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval APPLICATION INFORMATION APPLICANT: Acacia Construction REPRESENTATIVE: Markham and Associates PROPOSAL: -LOCATIONi A request for approval of a Change of Zone from Rural Residential (R-R) to One Family Dwellings (R-l) and Open Space (R-5) and a request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 4'7.7 acres. Southwesterly side of Pechanga 'Creek between Via Gilberto and the easterly side of Temecula Creek Inn Golf Course. EXISTING ZONING: Rural Residential (R-R) SURROUNDING ZONING: North: South: East: West: Multiple Family Dwellings (R-2) County Rural Residential (R-R) Rural Residential (R-R) PROPOSED ZONING: One Family Dwellings (R-l) and Open Space (R-5) EXISTING LAND USE: Vacant .' NTAFFRF~S724C2:.PC; .- -SURROUNDING LAND USES: North: South: East: West: One Family Dwellings Vacant Vacant Golf Course PROJECT STATISTICS Number of lots 101 Single Family lots 96 Open Space lots 5 Total Area 47.7 Single Family lots (gross) 28.6 Single Family lots (net) 21.3 Open Space lots 19.0 Lot No. 98 (Pechanga Creek) 11.74 Average parcel size 9,665 Minimum lot size 7,200 Gross density (including the open space acreage) 2.01 Net density (not including the open space acreage) 3.36 Excavation 200~650 Excess 1,800 Total oak trees on site 297 Oak trees to be saved 257 Oak trees to be transplanted 36 Oak trees to be eliminated 4 acres acres 8cres 8cres acres square feet square feet dwelling units per acre dwelling units per acre cubic yards cubic yards BACKGROUND Tentative Tract Map No. 25277, Amendment No. 4 and Change of Zone No. 5724 were originally submitted to the County of Riverside on February 16, 1990 and were transmitted to the' City on April 30, 1990. The original map 'application proposed 137 residential Iotsj On August 1, 1990 it was redesigned to 1 05 residential' lots and six (6) open space lots in order to preserve the oak trees. The map was further amended to reduce the number of residential' lots to 102 in order to preserve more of the natural topography of the site and to provide public access to open space areas. This map with 102 residential lots and seven (7) open space lots, along with the change of zone ~equest, was heard by the Planning Commission with a recommendation for denial from staff on July 1, 1991. The Planning Commission took testimony on the project from the adjacent neighborhood groups who were opposed to the project and continued the project off-calendar and directed staff and the applicant to address Commission's concerns. The issues and concerns expressed by the individual Commissioners included the following: 1. Excessive Grading and Clustering. 2. Preservation of Oak Trees. Traffic, Access, and Signalization of Via Gilberto and Pala Road Bridge T. iming. 4, Appropriateness of the Change of Zone, 5. Wildlife Corridor. 6. Buffering the 10 Acre Lots to the South. 7. Requirement of a Specific Ran to include the Querry Property. 8. Lack of Coordination with Other Agencies. PROJECT DESCRIPTION The applicant is requesting approval for a zone change from Rural Residential (R-R) with minimum half acre lots to One Family Dwelling (R-1) with minimum 7,200 square foot lots and Open Space (R-5). In addition, the applicant is now requesting approval for a 96 single family lot subdivision with five (5) open space lots. The open space portion of the project is approximately nineteen (19) acres, all of which will be dedicated to the City for maintenance, including the 11.74 acre Pechanga Creek. The open space area, which includes the majority of the preserved and transplanted oak trees will be kept in a natural state and will include approximately 9,435 lineal feet of decomposed granite (D.G.) pedestrian trails and four picnic areas that could include tot lots, benches and barbecue amenities. The project's primary access will be provided from Via Gilberto with a bridge that will be constructed over Pechanga Creek to connect the existing street to the subject property with full paved access. The secondary 32 foot paved access will be provided through the adjacent property to the east (the Querry's property, Tentative Tract Map No. 27473) and the Wolf Valley Home Owners Association parcel which will connect the project site to Via Eduardo with a second bridge.that will be constructed over Pechanga Creek (refer to Exhibit "F"). A portion of the property is currently located within the flood plain. The effected portion of the property will be raised above the flood plain with excess fill material from other portions of the' site to satisfy the Federal Emergency Management Agency (FEMA) requirements'. ANALYSIS This project has been redesigned several times and since the original design the total number of residential lots have been reduced from 137 to 96. The applicant has been working with staff to address all issues raised by the Planning Commission at the previous hearing on July 1, 1991. The following represents a summary of these issues and how they have been dealt with: Excessive Grading The Planning Commission suggested using a clustered development concept to preserve the hillside. This concept has been partially used within the' project to preserve the open space area. which contains the oak trees, by further reducing the residential lots from 102 to 96. Fifteen percent of the site has been preserved as open space. If the Pechanga Creek is NTAFFIFT%S724CZ.PC: Reveecl lepternlNr 17. 1992 3 ' --included within the open space area over 39 percent of the project has been retained as open space. Further clustering will reduce the grading impacts of the development. Staff has suggested to the applicant to eliminate lots 69 through 75 but the applicant has not been receptive to this idea. Staff has prepared a table (Table 1) which shows a lot by lot grading analysis of the project (refer to Attachment "5"). Table I identifies the following information for each lot: the highest and lowest points of the natural topography, the difference between the highest and lowest points of the natural topography, the pad elevation for each lot, the amount of cut or fill necessary for the high point and the low point to reach the proposed pad elevation. This table may be used to identify the lots that need the most amount of cut or fill to reach the pad elevation. Table 2 identifies four categories of cut and identifies the lots that fall under each category: Table 2 Lot Numbers 59,60,64,66,67,76,91,92 61,65,69,73,74,81,82 63.70,71072,80 62.75.79 . i . :: Maximum amount of vertical cut : i Ei:.::: :~: in feet to the highest elevation of Number E.:! :; t~iinaturalEitopography i: within: E:. of Lots 'each:lot ........ ......... 8 15 - 20 7 21 - 25 5 26 - 30 3 31 + It should be noted that the numbers for the amount of cut are the worst case scenario for any lot since the highest point of the natural topography of each lot was used to calculate the amount of cut necessary to achieve the pad elevation. Drainage. With the placement of fill within the existing floodplain area, some change to the limits of the area of flooding can be anticipated. A preliminary drainage analysis was prepared by the applicant and submitted to staff for review. This analysis shows that approximately 7250 cubic feet per second of stormwater will be conveyed within the creek during the 1 O0 year storm event. Due to the limitations of the preliminary study provided, it is difficult to predict at this time what the stormwater impacts will be to the northwesterly side of the creek adjacent to the existing subdivisions. Slope protection will be required as determined by the Department of Public Works and final pad elevations for the lots adjacent to the creek will be determined when final detailed hydrologic studies are completed by the developer (refer to Condition Nos. 65 and 72). The developer will comply with National Pollution Discharge Elimination System (NPDES) requirements to mitigate polluted storm runoff into the creek. -Preservation of Oak Trees By reducing the number of residential lots from 102 to 96, the number of Oak trees that need to be transplanted is reduced from 40 to 36. Furthermore, by minor adjustments of the lot lines, 28 Oak trees are now proposed to be located in the open space areas rather than within individual lots. These open space lots will be maintained by the City and no new non-native vegetation or irrigation will be introduced to these areas, thereby, increasing the trees chance of survival. Thirty-three (33) Oak trees will remain within individual lots. The future owners. of these lots will be responsible for maintenance and survival of these trees. Staff is requesting that an information packet be distributed to the future owners of lots with Oak trees to inform them of the importance of Oak trees at the time of purchase and how to maintain them (refer to Condition No. "27"). However, the City would not have any control on their long term survival. It should be noted that 19 of these 33 Oak trees are within lots 1, 2 and 3 and the remaining 14 are within 12 different lots. Table 3 summarizes the inventory of the 297 Oak trees on the site identifying their status and the mitigation measures that will be imposed on them. Table 3 Status of Oak Trees No. of Trees Eliminated 4 Mitigation Measures Transplanted 36 Condition No. 19 Saved 257 Located Within Individual Lots Located Within Open Space Lots 33 224 Access/'rraffic Primary access to the site is pro¢ided from Via Gilberto to Pala Road. Secondary access ~s provided through the Querry property to the east. (Tentative Tract Map No. 27473) and the Wolf Valley Home Owner's Association parcel across from Pechanga Creek. Tentative Tract Map No 25277 is conditioned to construct two bridges across the creek to Via Gilberto and Via Eduardo (refer to Condition Nos. 46 and 92). -P~imary Access: The primary access to the site is provided from Via Gilberto which is classified as a local street with a 60 foot right-of-way (ROW). Nineteen existing lots within Tract No. 19939 have direct driveway access to this street (refer to Exhibit "E"). The project will generate approximately 970 average daily trips which will utilize Via Gilberto and to a lesser extent, Via Edusrdo. The increased traffic on Via Gilberto will warrant · traffic light at Pale Road. This traffic light will be designed and installed by .the developer prior to issuance of the occupancy permit for the first dwelling unit (refer to Condition Noa. 16 and 102). This project will add to the existing congestion at the intersection of Pale Road and Highway 79. However, the future residents of this tract will be contributing to Assessment District 159, which now includes the new Pale Road bridge construction. It is anticipated .that the construction of the bridge will commence by the end of 1995. In order to avoid additional congestion especially during construction of the new bridge, Staff recommends to delaying the issuance of the first occupancy permit until this bridge is completed (refer to Condition Nos. 87 and 94). Secondary Access: Secondary access to the site will be provided by construction of 32 feet of A.C. paving within a 45 foot right-of-way (refer to Condition No. 47). This road will traverse the Querry property and the Wolf Valley Home Owner's Association parcel east of the project site to connect with Via Eduardo, which presently terminates as a cul-de-sac at the northeast end of Pechanga Creek. A full 45 feet of right-of-way needs to be acquired by the applicant from the Querry's for this access. A 30 foot, half width, right-of-way currently exists along the easterly boundary of the Wolf Valley Home Owner's Association parcel from the terminus of Via Eduardo and continues southeasterly across the Querry property. An additional 30 foot right- of-way must be acquired by the applicant from the Wolf Valley Home Owners Association (HOA) parcel to be added to the existing 30 foot right-of-way for the ultimate improvements along the extension of Via Eduardo over the creek. If the developer fails to acquire the .additional 30 feet from the Wolf Valley Home Owner's Association, he may request the City enter into the condemnation proceedings for that portion of the right-of-way from the terminus of Via Eduardo to the northerly boundary of Tentative Tract Map No. 27473 at the developer's sole expense. The applicant has indicated that they are unable to acquire the necessary rights-of-way from the owner of the adjacent property (Tentative Tract Map No. 27473) prior to approval of the tentative map and have requested that they be conditioned to acquire it prior to recordation (refer to Condition No. 39). Per the Subdivision Map Act, Section 66462.5, "A city, county, or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the local agency, to permit the improvements to be made. In such cases, the city, county, or city and county shall, within 120 days of the filing of the final map, NT~5724CZ.PC: : Revmed September 17, 1992 6 ' --pursuant to Section 66457, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including the proceedings for immediate possession of the property under Article 3 (commencing with Section 1255,410) of Chapter 6 of such title. In the event a city, county, or city and county fails to meet the 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. Prior to approval of the final map the city, county, or city and county may require the subdivider to enter into an agreement to complete the improvements pursuant to Section 66462 at such time as the city, county, or city and county acquires an interest in the land which will permit the improvements to be made." The City has notified the applicant that it does not wish to enter into condemnation proceedings for secondary access right-of-way across the Quarry property. Therefore, the applicant has offered to record an agreement waiving his rights per section 66462.5, as noted above, within 72 hours of this approval of Tentative Map 25277, Amendment No. 4 or this approval shall be void by reason of failure of compliance with development condition (refer to Condition No. 39). Said agreement shall stipulate the following: The applicant shall agree not to record any phase of this map until all secondary access right-of-way has been acquired. The applicant shall agree to waive their rights as granted by the Subdivision Map Act in Section 66462.5 in relation to the Quarry proPerty. The applicant shall agree to not request or require the City to enter into condemnation proceedings against the Quarry property owner for right-of-way or easements. The applicant shall agree to pursue at their own expense and costs the acquisition of any off-site right-of-way. The ,applicant shall agree that no condition of approval for off-site improvements shall be waived due to their failure to acquire any necessary off-site right-of-way. The applicant has also indicated that an alignment for the access road cannot be fixed at this time. Therefore, the applicant has agreed not to record any phase of Tentative Map 25277 until Tentative Map 27473 has been approved, a preliminary grading and construction analysis has been completed for the road and all environmental impacts have been identified and reduced to a level of insignificance by implementing the mitigation measures as required by CEQA. If Tentative Map 27473 is not approved, the applicant shall submit a revised map showing a fixed alignment for the access road across the adjacent property, shall obtain the right-of-way for roadway purposes, shall complete 8 grading and construction analysis, comply with all CEQA requirements including mitigation measures, and shall pay all fees associated with the processing of the revised map, right-of-way acquisition and all associated studies (refer to Condition Nos. 40 and 41 ). '. -Appropriatean of the Change of Zone. The existing zoning on the site is Rural Residential (R-R) which allows minimum half acre lots. The total gross acreage of the site is 47.7 acres which includes the 11.74 acre Pechanga Creek. If the lots were designed with the current site coverage, {35.96 acres), up to 72 dwelling units would be allowed under the currant zoning. Therefore, approval of the proposed zone change will increase the density of the site 33 percent. However, this zone change is consistent with the Draft Preferred Land Use Map of the future General Plan which designates the site as Low Density Residential, 0.5 to 2 dwelling units per acre with a target density of 1.3 per acre. The project density, which is 2.01, may exceed the target density only if the project provides some amenities that would not have been offered otherwise. This project provides approximately 19 acres of open space which includes the 11.74 acre Pechanga Creek. Additionally, the project will provide improvements to the open space area including trails, picnic areas, a tot lot and signage. These open space areas and their improvements exceed the minimum requirements for the Quimby Act, which requires dedication of only 1.24 acres or the dollar amount equivalent. Furthermore, when the City starts the consistency zoning to implement the General Plan, this property will be zoned Low Density Residential with Planned Development Overlay. The overlay district will be necessary since the Low Density Residential requires 0.5 acre minimum lots but the project provides an average lot size of 9,665 square feet. This overlay district will be appropriate for this site since the project meets the General Plan density requirement and smaller lot sizes were necessary to preserve the natural environment including the oak trees and the wildlife corridor. The Wildlife Corridor The Pechanga Creek has been identified as a wildlife corridor being used by Mountain Lions and other animal species. The Nature Conservancy, The Mountain Lion Foundation, and Preserve Our Plateau have expressed concerns regarding the preservation of this corridor and have expressed opposition to approval of this project (refer to Attachment No. 6). Staff has investigated their concerns by Conducting a site inspection with a qualified biologist, Mr. Doug Padley, who is considered one of two experts in Mountain Lion populations and their travel patterns in this area. According to Mr. Padley the project will not adversely impact the movement of Mountain Lions in this area as long as proper mitigation measures are incorporated into the project design (refer to Condition Nos. 18.F.2., 26.B., 26.C., 27, 28, 29 and 30). It should be noted that the Mountain Lions use this corridor very infrequently. The best estimates available to staff indicates that only six Mountain Lions use it every ten years. These mitigation measures deal with revegetation of the creekbed to encourage wildlife movement through the corridor, requirement of a combination of block wall and wrought iron fencing for the lots along the creek to discourage the potential conflict between pets in the backyards and the wildlife passing through, restricting the type of lighting in the backyards that abut the creek to provide a dark movement corridor which is preferred by the wildlife and the requirement of signage through out the trails to inform the users of the potential conflicts of humans, pets and wildlife after dark. ~TAFr-RPT%S724CZPC .. Rev~ed 540tembe 17, 11g2 8 ' -Buffering the 10 Acre Minimum Lots to .the South Although the Planning Commission expressed a Concern relative to buffering the large lots to the south, the project is not proposing a buffer between the R-1 lots and the 10 acre minimum lots to the south. Requirement of a Specific Plan to Include the (:berry Property The applicant has not prepared a Specific Plan for this project. The Querry proparty to the east has filed for a tentative map which would have allowed a more comprehensive review of these two projects if the Quarry map was at the same stage of development review process as Acacia. However, one of the benefits of the filing of the Quarry map is that the alignment of the secondary access is known (refer to Exhibit "F"). Coordination with Other Agencies At the July 1, 1991 Planning Commission meeting, the School District expressed a concern regarding the lack of coordination between the project applicant and the School District. Moreover, there were also concerns regarding the availability of sewer and water services to the site. Both of these issues have been addressed as follows: The School District has issued a letter to the City conditioning the project to pay the applicable school fees. The project is outside the Eastern Municipal Water District (EMWD) and needs to be annexed to their existing boundary and receive approval of the Sewer Service Improvement Pans prior to recordation of the Final Map (refer to Condition Nos. 35 and 43). Pursuant to conversations and letters from EMWD,the applicant may be responsible for extending the existing sewer line on Rainbow Canyon Road approximately 3,000 feet to. the project site. This line may have to go through the Temecula Creek Inn property, continue on the south side of the Creek and connect to the project site. The information received from EMWD indicates that the property owner of the golf course is not in favor of granting an easement to extend the sewer lines through their property. It is the responsibility of this applicant to acquire this easement· Other alternative alignments may be considered'for design by EMWD and the City of Temecula prior to recordation of the Final Map and all Off-site improvements 'shall be designed and approved. Furthermore, the applicant wili be responsible to annex the project to the existing boundary of the Rancho California Water District and receive approval of the water service improvement plans prior to recordation of the Final Map (refer to Condition Nos. 35 and 43). Further studies will be required to determine whether the existing water line on Via Gilberto contains sufficient pressure to serve the project. Otherwise, a larger diameter line needs to be installed by the applicant on Via Gilberto to connect it to the Pala Road main. In either case the line has to be extended over the creek either underground or through conduit in the bridge. ZONING. FUTURE GENERAL PLAN AND SWAP CONSISTENCY The zoning on the property is Rural Residential (R-R) which allows minimum half acre residential lot sizes and a variety of commercial uses. This project is proposing a zone change to One Family Dwellings (R-l) which allows minimum 7,200 square foot residential lot sizes -and Open Space (R-5). This zone change will increase the' density of the site about 33 percent. The proposed project is consistent with the R-1 development standards. The future General Plan Draft Preferred Land Use Map designates the site as Low Density Residential (0.5 to 2.0 dwelling units per acre) with a target density of 1.3 dwelling units per acre. The project density may exceed the target density if certain amenities, such as open space, are offered by the project over and above the minimum requirement. This project is designed with extensive open space and s trail system which exceeds the minimum requirements. The proposed density of this project is 2.01 dwelling units par acre which is consistent with the maximum density of 2.0 dwelling units par acre of the future General Plan· (For further discussion on consistency with the .Future General Plan, refer to the "Appropriateness of the Change of Zone" Section). The proposed project is consistent with SWAP, which designates the site as 2-5 dwelling units par acre. The site density is 2·01 dwelling units par acre. ENVIRONMENTAL DETERMINATION An Initial Study was prepared by Staff and no significant impacts are anticipated as a result of this project; therefore, a Negative Declaration has been recommended. The mitigation measures contained in the Conditions of Approval shall be implemented in order to reduce the impacts to an insignificant level. SUM MARYICONCLUSI ONS The proposed project has been redesigned several times during the past 3 years. following represents some of the positive aspects of the project: The The total number of residential lots have been reduced from 137 to 96 to reduce the impacts on the natural environment. 2. Only 4 of the 297 oak trees will be eliminated. 3. A traffic signal will be installed on Via Gilberto. A trail system and picn. ic areas will be installed in the open space areas to be used by the public. e The project has been sensitive to the wildlife corridor (Pechanga Creek) within the site; and it will actually enhance this corridor by revegetation of the creek. The project design might not be the best example of hillside development, but is has come a long way from a flat land subdivision of 137 lots. It represent approximately three years of negotiations and !mprovements to the original design. --FINDINGS Change of Zone No. 5724 There is a reasonable Wohability that Change of Zone No. 5724 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that .the density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-1 zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. ® There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated to the project design and Conditions of Approval to reduce the impacts to a level of insignificance. Tentative Tract Map No. 25277 There is a reasonable probability that Tentative Tract Map No. 25277 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as condition.d, conforms with existing applicable city zoning ordinances 'and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Low Density Residential. There is not a likely probability of 'substantial detriment. to, or interference with the City's future General Plan, if the p~oposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a golf course and vacant land. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The project as designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. · ' ;STAR:IFT~5724CZ.PC .' 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 her.in incorporated by reference, due to the fact that they are referenced in the attached Staff Report, EXhibits, Environmental Assessment, and Conditions of Approval. The Planning Commission has considered the effect of its action upon the housing needs of the region and .has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of' Temecula. 11. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. 12. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1 ) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 13. The project has acceptable access by means of dedicated right-of-way and has been conditioned to acquire the necessary right-of-way for secondary access. STAFF RECOMMENDATION: RECOMMEND Adoption of Negative Declaration for Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4; and ADOPT Resolution No. 92- recommending Approval of Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 based on the Analysis and Findings contained in the Staff Report; and subject to the attached Conditions of Approval ATTACHMENT NO. 1 RESOLUTIONS S%$TAF-FRPT~5724CZ.PC -Attachments: e 5. 6. 7. 8. Resolution No. 92- ~ blue page 14 Conditions of Approval - blue page 20 Exhibits - blue page 40 A. Vicinity Map B. SWAP C. Zoning D. Tentative Tract Map No. 25277, Amendment No. 4 E. Lots fronting on Via Gilberto F. Tentative Tract Map No. 27473 G. Zone Change No. 5724 Initial Study - blue page 41 Table I - blue page 59 Correspondence - blue page 60 What to do if you Encounter a Mountain Lion - blue page 61 Oak Tree Information - blue page 62 .' NTA,,,-'~-~Ti, 5724CZ. imC · R,~,a k,m ~7. ~SS2 13' A'I'rACHMENT NO. 1 RESOLUTION NO. 92- A ~LUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. ~/24 TO CHANGE THE ZONING FROM R-R TO R-I AND R-5, AND TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMILY LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. WHEREAS, Acacia Construction filed Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on September 21, 1992~ at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing,. the Commission recommended approval of said applications; NOW, THEREFORE, THE PIANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. 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 -~-~ ~.. 2. The planning ageracy finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a.. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no .prObability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by-the Southwest Area Community Plan, (hereinafter 'SWAP*) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of said applications makes the following findings, to wit: Change of Zone No. 5724 1. There is a reasonable probability that Change of Zone No. 5724 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R?I zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan. If Change of Zone No.. 5724 is ultimately inconsistent with the Plan. due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vi.:inity and their underlying zones. 3. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and .vacant land. 4. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated to the project design and Conditions of Approval to reduce the impacts to a level of insignificance. --Tentative Tract Map No. 2S277 1. There is a reasonable. probability that Tentative Tract Map No. 25277 will be consistent with the City's future General Plan, which will be compleStd in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinanc~ and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consistent with the future C~neral Plan Land Use Designation of Low Density Residential. 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 surrounding land uses are single family dwellings, a golf courg and vacant land. 3. The proposed use or action as conditionod complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Cede Sections 65000-66009 (Planning and Zoning Law). 4. The project a~ designed and conditioned will not adversely affect the public health or welfare since all impacts have been mitigated to a level of insignificance: 5. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 7. . 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. 9. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resourc~ (Gov. Cede Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 10. The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Cede. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision (Gov. Cede Section 66474.6). --- ~ .... 11. The proposed project will not result in discharge of wast= into the existing sewer system that is in violation of the requirements as set out in Section 3000 et seq. of the California Wal=r Code by requiring the project to comply with Eastern Municipal Water 12. The desi__gn of the subdivision provides to the extent feasible, for future passive or natural heating otl cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring sethacks according to the R-1 standards. 13. The project has acceptable access by means of dedicated right-of-way and has been conditioned to acquire the necessary right-of-way for secondary access. F. As conditioned pursuant to Section 3, the Tract 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 Commission hereby recommends approval of Change of Zone No. 5724, and Tentative Tract Map No. 25277, Amendment No. 4 located at the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn subject to the following'conditions: A. Attachment No. 2, attached hereto. Section 4. PASSF-D, APPROVED AND ADOPTED this 21st day of September, 1992. LINDA FAHEY CHAIRMAN ~TAFFgIPT%5724CZ.PC ....... I HEI~',RY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 21st day of September, 1992 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING CO1VI1VIISSIO~: PLA_NI',,III~G CO1VilVIISSIONF, RS: PLA~G CO1VilVilSSIO~: GARY THORNHILL SECRETARY ATTACHMENT NO. 2 CONDITIONS OF APPROVAL CITY OF TEMECULA CONDITIONS OF APPROVAL - Tentative Tract Map No: 25277, Amendment No. 4 Project Description: A request for approval of a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres Assessor's Parcel No.: 918-180-050, 019 PLANNING DEPARTMENT 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. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is e Any delinquent property taxes shall be paid prior to recordation of the final map. Subdivision phasing shell. be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of both the comprehensive rough grading plan and the final precise grading plan shall be submitted to the Planning Department for review and approval· All on-site cut and fill slopes 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 bottom 0f slopes for structures shall be a minimum of one-half the slope height or as otherwise approved by the City Engineer. B. Be contour-graded to blend with existing natural contours. The applicant shall comply with the Army Corps of Engineers recommendations outlined in the letter dated March 6, 1992, a copy of which is attached. The applicant shall comply with the Rancho California Water District recommendations outlined in the letter dated March 4, 1992, a copy of which is attached. The applicant shall comply with the California Department of Fish and Game recommendation outlined in the transmittals dated July 9, 1991 and April 20, 1992, copies of which are attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 4, 1992, a copy of which is attached. 10. The applicant shall comply with the recommendations outlined in the Temecula Valley Unified School District's transmittel dated August 12, 1992, a copy of which is attached. 11. The applicant shall comply with the recommendations outlined in the Community Services Department transmittal dated July 7, 1992, a copy of which is attached. 12. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 28, 1991, a copy of which is attached. 13. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-1 zone· Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. 14. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. 15. 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 approved ECS shall be forwarded with copies of the recorded final map to the Planning Department ' and the Department of Building and Safety. The following shall be noted on the ECS: A. The Pechanga C~eek is designated as a wildlife corridor. 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. 16. All proposed construction shall comply with the California Institute of Technology, Palomar Ob.servatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. S~STAFFRgl~S724CZ.PC Reveed Septembe 17. lee2 22 t-7-... Prior to the issuance of GRADING-PERMITS. the following conditions shall .be satisfied: Prior to the issuance of grading permits, detailed landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. These plans shall be consistent with the conceptual landscape plan as required by Condition No. 18.F. The plans shall be certified by a landscape architect, and shall provide for the following: - (1) Automatic irrigation systems shell be installed on all landscaped areas requiring irrigation. However, areas being retained in their native state shall not have permanent irrigation systems and should not be irrigated unless revegetation is required. (2) Landscape screening where required shell be designed to be opaque up to a minimum height of six (6) feet at maturity. (3) Front yards shall be landscaped including street trees. Typical front yard landscaping shall be included for interior lots, corner lots and cul-de-sac lots. (4) A wall and fencing plan shall be submitted for the project . Wooden fencing shall not be allowed on the perimeter of the project or the side yard of corner lots. This plan may be incorporated into the landscape plans. (5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. (6) Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted oOtside of the road right-of-way. (7) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. (8) Trails and picnic area facilities shall be depicted on the .landscape plans. (9) All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. (1 O) All street trees shall be a minimum of 15 gallon. All cut slopes located adjacent to ungraded natural terrain and exceeding ten ( 1 O) feet in vertical height shall be contour-graded incorporating the following grading techniques: (1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. S~STAFFIqPT%5724CZ,PC Reveed Septemix.' 1'7. 1992 23 18. (2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (3) The toes and tops of slopes shall be rounded with curves with radii deigned in proportion to the total Might of the slopes where drainage and stability permit such rounding. (4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of.the slope shall be curved in a continuous, undulating fashion. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-sita manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety, Ee 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 Ran as implemented by County ordinance or resolution. A qualified paleontologist shall' be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. All. manufactured slopes shall be planted with erosion control, low, fire resistant, native and drought tolerant landscaping. The temporary irrigation for these slopes shall be removed after plants have been established. The temporary irrigation shall be designed as nbt to damage the existing oak trees on the site. ':. Prior to the approval of rough grading plans and recordation of the Final Map, a comprehensive rough grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. B. Preliminary pad and roadway elevations. C. Areas of temporary grading outside of a particular phase. S~STAFfi!PT~724CZ.IIC ~ r.,,,,.~,,,. ~?. ~,2 24 --:-~. D. Oak tree preservation according to Condition No. 19. " 19. Grading on the open space lots shall be kept to a minimum to preserve the natural state of the environment. This condition applies to lots 97, 99 and 100. Prior to recordation of the final map, a conceptual landscape plan shall be epproved by the Director of Planning. The following shall be considered when preparing and' approving this plan: (1) The preservation of the Oak treea is required by Condition No. 19. (2) The revegetation of the Pechange Creek aa required by Condition No. 29. (3) Using drought tolerant, fire resistant plant type for slope planting as required by Condition No. 20.G. (4)' All slopes over three feet high shall be irrigated and landscaped. (5) Irrigated and non-irrigated areas shall be identified. (6) Trails, picnic areas and all. associated signs within the open space areas shall be identified. (7)' Typical .front .yard landscaping for interior, corner and cul-de-sac lots shall be included to include street trees, hydroseeding or sod, shrubs and ground cover. (8) Location of all walls and fences shall be identified. The perimeter of the project shall include decorative block wall, wrought iron or combination as specified in Condition No. 27. Corner lot side yards shall be decorative block wall. (9) (10) Erosion control shall be consistent with Ordinance No. 457.75. Timing of installation of all landscaping. shall be specified on the plans. An oak tree protection and replacement program, prepared by a licensed arborist (oak tree specialist/biologist) shall be prepared prior to recordation of the final map and shall be implemented. This arborist/biologist shall be present on the site throughout all grading · and construction activities which may impact the oak trees on the site. The program shall include but not be limited to the following components: A. Program Elements to be graphically depicted on rough and precise grading plans: (1) The location of the trunk and extent of dripline for all trees within the project site and the type and location of any project fencing. The trees that will be saved, transplanted or eliminated shall be identified on these S~,STAFFRFT~5724CZ.PC 17. Ig~2 · ' 25 (2) (3) (4) (5) (6) (7) (8) plans. Trees that are eliminated shall be replaced as specified .on Condition No. 19.B.8. All the trees on the project site and within 75 feet of the centerline of the secondary access on the. Querry property to the east (Tentative Tract Map No. 27473) or the extent of ground disturbance necessary for the construction of this road, whichever is more, shall be identified, Construction envelopes shall be designated on all parcels located outside the driplines of all oak trees. AIF ground disturbances including grading shall be prohibited outside construction envelopes, Equipment storage and staging areas shell be designated on rough and precise grading plans at least six (6) feet outside of dripline areas. All replacement trees and transplanted trees may be used to revegetate the creek as specified in Condition No. 29. Permanent tree wells or retaining walls shall be specified on precise grading plans. Drainage plans shall be designed so that oak tree trunk areas are properly drained to avoid ponding. All utilities shall be placed directly adjacent to roadways and driveways in order to minimize impacts to trees. All utilities shall be placed within construction envelopes. The following bonds shall be secured by the developer, or his successors in interest: (A) Prior to issuance of grading permits: To preserve, transplant and replace the eliminated trees with new saplings in compliance with the conditio.ns of approval during the grading, construction or any other related activity. (B) Prior to acceptance of the open space lots by the City: To ensure the long term survival of the transplanted trees and new saplings. (C) Prior to acceptance of the open space lot by the City: To ensure the "long term survival" of any tree that has been damaged as a result of construction activities. Long term survival shall mean a minimum of 10 years or if otherwise determined by the arborist and approved by the Planning Director. S~5T&FFRFT~S724C. Z.IBC: Rev,eed ie~tembe 17. 1992 26 The amount of bonds shall be determined by the arborist and approved by the Planning Director. Sections B and C above shall not apply to trees within individual parcels. (9) All oak trees within 25 feet of proposed ground disturbances shall be temporarily fenced with chain-link or other material throughout all grading and construction activities, The fencing shall be installed six feet outside the dripline of each oak tree, and shall be staked every 6 feet. (10) No artificial surface, pervious or impervious, shall be placed within 6 feet of the dripline of any oak tree. If this is determined to be infeasible, the affected trees shall be transplanted. Program elements to be printed as conditions on final grading and building plans: (1) No grading or development shall occur within the driplines of oak trees which occur in the construction area. (2) No construction equipment shall be parked, stored or operated within 6' feet of any oak tree dripline. (3) No fill soil, rocks or construction materials shall be stored or placed within six feet of the dripline of an oak tree. (4) Any roots encountered that are one inch in diameter or greater shall be cleanly cut and sealed with a tree-seal compound. (5) Any trenching required within the dripline or sensitive root zone of any oak tree shall be done by hand. Any oak tree roots greater than one inch in diameter exposed in any trench shall be cut and sealed with approved sealant immediately after the trench is excavated. (6) Irrigation shall not occur within the dripjine of any existing oak tree that has not previously been irrigated; except as otherwise recommended by the arborlet. (7) Only designated trees shall be transplanted and/or eliminated. (8) Any oak trees which are eliminated and/or damaged (more than 40% of root zone disturbed) shall be replaced on a 10:1 basis with 10 gallon size saplings grown from locally obtained seed. Where necessary to remove a tree and feasible to replant, trees shall be boxed and replanted. A drip irrigation system with a timer shaft be installed as recommended by the arborlet. Trees shall be maintained until established (ten years or as determined by the arborlet and approved by the Planning Director). The planrings shall be protected from predation by wild and domestic animals, S~STAFFRFrr%S724CZ.PC 17. 1~g2 27 20. and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period. (9) Any unanticipeted damage that occurs to trees or sensitive habitats resulting from construction activities shall be mitigated in a manner approved by the Planning Director. This mitigation may include but is not limited to tree replacement as specified in Condition No. 19.B.8. The required mitigation shall be done immediately under the direction of the Planning Director prior to any further work occurring on site. (10) All trees located near proposed buildings shall be protected from stucco or paint during construction. (11) A Planning Director approved arborist shall be onsite throughout all grading and construction activities which may impact trees located on the site. Prior to issuance of grading permits, the applicant shall submit a copy of the precise grading plans to the Planning Department for review and approval.. All aspects of the plan shall be implemented as approved. Monitorino: Planning Department shall conduct site inspection throughout all phases of development to ensure compliance with and evaluate all tree protection and replacement measures. Release of performance security requires Planning Staff signature. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($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 fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) 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 Ranning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. F. All street side yard setbacks shall be a minimum of ten (10) feet. 21. 22. 23. 24. The precise grading plan shell be subject to the approval of the Fire Department. Minimum 30 foOt rear and side yard setbacks shall be required for lots abutting {from the side or rear) the open space areas to minimize the. fire hazards. The developer shall consider this condition when designing the units to ensure compliance with these setback adjustments. Native, drought tolerant and fire resistant landscaping shall be used to protect the slopes to further reduce the fire hazards, or other mitigation measures approved by the Fire Department. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: Ae All landscaping and irrigation within each individual lot shall be installed in accordance with approved plans prior to the issuance of occupancy permit for that lot, If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. All landscaping and irrigation outside individual lots shall be completed prior to. issuance of the first occupancy permit· The .subdivider shall defend, indemnify, and hold harmless 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 agencies, appeal boards or legislative body concerning Tentative Tract Map No. 25277, 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. 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. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department 8 cashiers check or money order payable to the County Clerk 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, in compliance with AB 3158, 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 S~STAFFRFl~5724CZ.PC --~-_. 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 applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c).. 26. The following information shall be included with the White' Report and be available to the prospective residents of the project at the time of initial marketing: A. A copy of the State Department of Agriculture Pamphlet, Living Among the Oaks. Be The back yard lighting for all lots abutting the Pechanga Creek shall be limited .to a type that limits light pollution in the creek. The Pechanga Creek is designated as · wildlife corridor and using the trails after dark is discouraged. 27. A combination of block wall (3 feet high) and wrought iron (3 feet high) fencing shall be constructed along the rear property lines of all lots abutting the Pechanga Creek. The same wall shall be constructed along the side and rear property lines of all the lots that abut all the. open space areas. The side yard fencing on all corner lots shall be a block wall. 28. Signage shall be included for appropriate locations' on the trails to inform all trail users of the potential presence of Mountain Lions after dark. The sign shall read "Warning, Mountain Lion Country, A Risk, There are Mountain Lions in this area, they are unpredictable and dangerous. Minors (under 18 years of age) may be attacked without warning, they must remain under direct adult supervision at all times." Signage shall be approved by the Director of Planning prior to issuance of Occupancy Permits. 29. The creek shall be revegetated to enhance the wildlife corridor for wildlife movement. This revegetation shall be subject to approval of a qualified biologist/an arborist and a registered landscape architect. This plan shall be submitted for review and appr. oval of the Planning Director prior to issuance of grading permits. Oak trees that need transplanting may be used to revegetate the wildlife Corridor. 30. A pamphlet shall be available to all trail users to providing tips in case of encountering Mountain Lions (refer to Attachment "7' of the Staff Report). This pamphlet shall be available at all trail signs. 31. No grading permits shall be issued until the precise grading plans and the final landscape plans for the entire project is approved by the Planning Department. .32. The applicant shall receive appropriate Fish and Game and Army Corps of Engineers permits prior to issuance of grading permits. A copy of clearances from these agencies shall be submitted to the Planning Department. S~STAFFfiI~T'~724CZ.I~ 33,'- The precise grading plan shall include the secondary access alignment through the Quarry property to the east (Tentative Tract Map No. 27473). 34. Trails and picnic areas shall be developed, completed and dedicated to the City prior to issuance of the first occupancy permit for.the project. 35. The applicant shall complete the annexation procedures to the Eastern Municipal Water District and Rancho California Water District and receive approval of the improvement plans for installation of all utilities prior to recordetion of the Final Map. 36. A historic site, CA-RIV-330-H, is located just outside the project boundary to the South of the southwest property line. This adobe wall shah be protected from grading and possible blasting even+though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to protect the structures. The fencing shall be shown on the grading plans. This fencing shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measure, the impacts would be reduced to a level of insignificance. 37. Heavy construction activity and deliveries shall be restricted to the hours of 7 a.m. to 7 p.m. on weekdays. 38. A mitigation monitoring program shall be submitted to identify all environmental mitigation measures contained in the Conditions of Approval. This program shall identify the impacts the mitigation measures, the stage of the development the mitigation measures are to be enforced and the responsible party for monitoring the mitigation measures. All cost necessary to implement his program shall be the responsibility of the applicant. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown 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. PRIOR TO RECORDATION OF THE FINAL MAP: 39. The Subdivider shall record a written agreement within 72 hours of approval of the Tentative Map confirming an offer to waive the owner's rights as described in section 66462.5 of the Subdivision Map Act or this approval shall be revoked and deemed void. The Subdivider shall not request or require the City of Temecula to enter into condemnation proceedings to acquire any offsite right-of-way needed within Tentative S%STAFFRFT%5724CZ. PC Raymad S4etemleer 17, 1992 31 Tract Map No, 27473 to comply with these conditions of approval. The Subdivider shall not record any phase of the approved tentative map until adequate right-of-way for secondary access has been acquired at the owner's sole expense. Failure to acquire any offsite right-of-way shall not void or invalidate any condition of approval. 40. Subdivider shall not record any phase of this map until Tentative Map 27473 is approved showing a fixed alignment for the secondary access road, and a preliminary grading and construction analysis has been completed in complete compliance with CEQA requirements identifying all mitigation measures. 41. If Tentative Map 27473 is not approved prior to the Subdivider's request to record any phase of this map, the owner shall submit a revised Tentative Map to the City of Temecula for review and approval showing s fixed alignment for the secondary access road across the adjacent property, shall acquire the necessary right-of-way for roadway purposes at his sole expense, shall complete a grading and construction analysis, and shall be in complete compliance with CEQA requirements including mitigation measures. Subdivider shall pay all fees associated with the processing of a revised map and all associated studies. 42. 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. 43. 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 Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Metropolitan Water District; Temecula Community Services District; General Telephone; Southern California Edison Company; Southern California Gas Company; Army Corp of Engineers; and Department of Fish and Game 44. 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. 46.. 47. 48. 49. 50. 51. 52. Via Gilberto and Streets "A" through "J" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be poste~l, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). The Via Gilberto and Via Eduardo Crossings at Pechanga Creek shall be improved with full width bridges consistent with the ultimate required road improvements, or bonds for the bridge improvements may be posted, within the dedicated right-of-way in accordance with applicable City, County and State Standards. A secondary access road with a minimum of 32 feet of A.C. paving shall be provided within a minimum of 45 feet of dedicated right-of-way, or bonds may be posted, from Street "H" or Street "J" across the adjacent property (Tentative Tract Map No. 27473). The right-of-way shall be 60 feet in width with 32 feet minimum of A.C. paving from the terminus of Via Eduardo southwesterly to the boundary of Tentative Tract Map No. 27473. The existing cul-de-sac shall be reconstructed for through traffic and drainage. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements, when required for roadway slopes, recreational trails, 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 and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an .agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems. and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and slopes) and erosion ~ontrol. D. Sewer and domettic water systems. E. All trails, as required by the Temecula Community Services District. F. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. (Tentative Map No. 27473). Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 91-43 and as approved by the Department of Public Works. S~STAFFRPT%5724CZ. PC ..-... s....~ ~7. ~.2 33 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. Prior to recordation of the final map, 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 traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance 0f a building permit. Street names shall be subject to the approval of the BUilding and Safety Department.' The minimum centerline radii shall be 300 feet or as 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. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. Engineered improvement plans for the bridge crossings shall be included with the street improvement plans and shall be required for review and approval by the Department of Public Works. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the side property line. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works· The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check· The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A formal drainage study shall 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. $1.STAFFRPT%S724(::Z,PC 67. 68. 69. 70. 71. 72. 73. 74. PRIOR 75. 76. 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 buildings and obstructions." 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 recorded drainage easement shall be submitted to the City for review prior to the racordation of the final map. If deemed necessary by the Department of Public Works, a copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for review. Slope protection shall be provided for all work performed within Pechanga Creek. All facilities shall conform to City of Temecula and Riverside County Flood Control standards. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivider shall protect downstream properties from damages 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. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A and is subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula and with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain and any other development constraints. Prior to final map, the subdivider'shall notify the City'S CATV Franchises of the Intent ~o Develop. Conduit shall be installed to CATV Standards at. time of street improvements. TO ISSUANCE OF GRADING PERMITS: Prior to issuance of a grading permit, developer must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES clearance is granted or the project is shown to be exempt. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. S'..STAFFRPT'~.5734CZ.PC: Reveecl See4ernlx~ 17. 1992 35 78. 79. If blasting is to occur during the grading process, permits shall be obtained from the City of Temecula Police Department. Notice shall be given to all residents and property owners within 1000 feet of the project boundary at least 3 days prior to blasting. Blasting shall only be conducted between the hours of 10:00 AM and 4:00 PM, .Monday through Friday except Fed.rally recognized holidays. If an emergency situation related to safety or weather conditions should occur, blasting may occur outside Of these hours. Blasting shall be performed in accordance with the following specifications, and in such a manner that noise, ground and air vibration, and dust are maintained at levels which satisfy Federal, State, County and City standards: A. Blasting shall be conducted by a trained and licensed blaster. Be The explosive used for blasting work will be standard commercial products specifically designed for mine applications. C. Blasting shall be performed using electric or non-electric blasting systems. All blasts shall be detonated with a millisecond delay system to limit the quantity of explosive detonated per delay period and to provide for sequential control of the blast detonation. The' explosives shall include bulk ANFO suitably primed for blast hole conditions, unless other more suitable materials are deemed appropriate by the blasting consultant. F. Water-resistant explosives shall be used where wet blast hole conditions exist. Explosive supplies shall be used in accordance with the technical recommendations of the manufacturer and the Institute of Makers of Explosives. All blast holes shall be carefully stemmed with inert granular material, and individual blast holes will be loaded with due recognition of instant rock fracture and burden conditions. Seismic monitoring of each blast shall be performed by an independent, qualifiedL. consultant. Prior to any work being performed within Pechanga Creek, a 404, 1603 and any other necessary permits shall be obtained from the appropriate agencies. (Army Corp of Engineers, Department of Fish and Game, San Diego Regional Water Quality Control Board, etc.) A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. S~STAFFI~PT~5724CZP(:; ,..,,,, s.,,...,. ~7. ~,,~ 36 81. 82. 83. 84. 85. PRIOR 86. 87. 89. No grading shall take place prior to the improvement plans being substantially compldte, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. Erosion control and runoff mitigation plans shall be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. Erosion control and runoff mitigation shall be maintained at all times. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. If deemed necessary at the time of grading permit issuance, a flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If not deemed necessary or if the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. A letter of 'permission shall be required from all adjacent property owners for any grading work within their property. . If necessary, a permit from the County Flood Control District is required for any work within their right-of-way. TO BUILDING PERMIT: 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 Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Prior to the issuance of any building 'permits, construction of the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek shall have begun. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved comprehensive rough grading plan. 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 security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. 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, 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; orovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 90. Complete full street improvements including but not limited to, curb and guttel, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 91. A 32 foot wide secondary access road from Street "H" or Street "J" to Via Eduardo shall be completed within a recorded right-of-way for roadway purposes as approved by the Department of Public Works. 92. Full width bridge crossings at Via Gilberto and Via Eduardo shall be completed within the dedicated right-of-way for roadway purposes to be acquired by the subdivider at his own expense. A minimum of 32 feet of A.C. paving within 60 foot right-of-way shall be completed to connect to the existing Via Eduardo cul-de-ssc terminus to the northerly boundary of Tentative Map 27473. 93. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 94. No occupancy shall be granted until the expansion, realignment or replacement of the Pala Road Bridge over Temecula Creek has been completed. Trensoortation Enaineerina PRIOR TO RECORDATION OF THE FINAL MAP: 95. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works as directed by the Department of Public Works and shall be included in the street improvement plans. 96. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Via Gilberto at Pale Road and shall be included in the street improvement plans with the second plan check submittal. 97. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 99. PRIOR 100. PRIOR 101. 102. 103. 104. A Transportation Demand Management program will be required. Subdivider shall execute an agreement for the reimbursement of construction cost above his pro rata share of the improvements of the traffic signal at Via Gilberto and Pala Road from future development as determined by the Department of Public Works. TO THE ISSUANCE OF ANY ENCROACHMENT' PERMITS: 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 THE-ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. The traffic signal at Via Gilberto and Pala Road shall be installed and operational per the special provisions and the approved traffic signal plan. The subdivider shall provide "stop" controls at the intersection of local streets along Via Gilberto as directed 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. 6%STAFFFFT%S'7.~4CZ.PC R,evteed Septembe~ 17, 1H2 39 REPLY TO A~ENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES. CALIFORNIA 10053-2325 March 6, 1992 PECEIVED IMImlIM~&AISOClATES TEMICtRA, CA 92390 Acacia ConstrUction c/o Markham and Associates 41750 WInchester Road, #N Temecula, CA 92590 Gentleman: It has come'to our attention that you plan to construct a residential development (Tentative Tract Map No. 25277) in the southwesterly side of Pechanga Creek between Via Gilberto and. the easterly side of Temecula Creek Inn Golf Course, Temecula, Riverside County, California. This activity may require a U.S. Army Corps of Engineers permit. A Corps of Engineers permit is required for: 1. Work or structures in or affecting the "navigable waters of the United States", including adjacent wetlands; construction of a pier, wharf, bulkhead or jetty, dredging, dredge disposal, filling and excavation are examples of work or structures affecting navigable waters; 2. The discharge of dredged or fill material into the "waters of the United States", including adjacent wetlands; placing bank protection, temporary or permanent stock-piling of excavated material, grading roads, any grading (including vegetative clearing operations).inVolving.filting low areasor leveling the land, and constru.ction of weirs, diversions, approach fills or other structures involving the placement of fill material are examples of activities involving the discharge of dredged or fill material: 3.- The transportation of dredged or fill material for the purpose of dumping it into ocean waters; 4. Any combination of the above. Enclosed you will find a permit application form and a pamphlet that describes our regulatory program. If you have any questions, please contact Roberty Smith of my staff at (213) 894- 5606. Please refer to this letter in your reply. Sincerely, ~/Chief, South Coast Section Enclosures WalP. F March 4, 1992 City of Temecula Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Development Review Committee Agenda Thursday, March 5, 1992 Item No. 1 Tentative Tract Map 25277 Attention: Matthew Fagan, Case Planner To Whom It May Concern: Rancho California Water District (RCWD) would like to provide comments relative to the above-referenced item scheduled for the March 5th Committee meeting. The property is not within RCWD's service boundaries. The proponent remitted an annexation processing deposit on February 27, 1990. However, the District placed the annexation on hold pending the completion of a special environmental assessment. Water service from RCWD would not be available to the property until the annexation process is completed. Recently, the processing time involved in completing an annexation has been approximately two years. If you have any questions or need additional information, please contact us. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Laurie Wiiliams Manager of Engineering Services Li/:mct~/FEG Cal Xfc, rnia Department of Fish and Game -D30 Golden Shox~e. 8uit. e 50 Lc, n,~ Beach. CA 90802 RECEIVED APR2219 ' MNtKHAM & ~SKOCla]EI A~ri 1 20. 1992 Mr. Lar'r'v Maz~kham ~1750 W,_nchesber ~oad, 8uit. e N Temec. ui_~, CA 92590 Dea:- Mr. Markham: h=ve re'/:e~e.:] the information which ~'ou provided on Tent..~tzve Tr-acb 2527' ~:';c~ h~',:e ~he follc.,.,In,~ c:omment. s. Based on otu- dlscu~slons and re'.'~e'.' }f r.}-~e lnfc, rmablon ib aD~ars t. hat. many c,f' t, he E~Dt. enlal im~crt. s the ft. reams and ,z, ak t. Pee~ have keen avoided. Also. the plan c:C, Ui~J ref;.:]~ i:-. sn enh.mncement. of the wildlife values ribbin that. Ferhan<,.~ .l:'ee]~ which rt~s t.}~-ou~h ~he D~'o.ject, $it.e. At ~hi$ bime I do f._rf~ ~nv Drc, t, lems ~it, h t. he De~rtment,'~ execublon of a iv: ~'_ ! _:'. At:rear. end. for t.h~ ~,:-c,,)ect.'. As soon as the ~,rc ~ecb has :'.: ..... ~ [i~e reu~u~z'ed-.lomE, liance vxt. h ~he CalifoPnia Envlrc, nmencal l,.'=. i =~. =.' ~,.j '~,i,L, hBve .~n aDDrc, ve<J plan you mav ]-e,]uef~t your :..?'.'.L~.~ :~re:'~./,r~ A,:,reement. The Droce~5~n,~ t. Zme f,r,r a St, re~mk,e,:] .-..: ~-.: :. ::~r~emer, r ~e ar,~roximat. el'v 30 d~v5 ' for when t. he DeL~rt. men~ .: .. ~:-~'- a:',. .:,'.ef~'-.sr, e [,lease call me at. (71~) 92~-2757. STATE OF CALIFORNIA--THE RESOURCES AGENCY DEPA'RTMENT OF FISH AND GAME 330 G~'f~n Shore, Suite 50 Long Beach, California 90802 (213) 590-5113 PETE WILSON, Governor July 9, 1991 Mr. Scott Wright The City of Temecula 43180 Business Park Drive,.Suite 200 Temecula, California 92390 Dear Mr. Wright: Tentative Tract 25277 (SCH 91062057) The California Environmental Quality Act and the California Endangered Species Act require the lead agency to appropriately condition the project and fully implement the statutory mitigation and monitoring requirements to offset adverse impacts to the following resources which may be impacted by this project. Endangered or threatened species of plant and animals. If the project would result in take, on or off project site, of any State-listed species or habitat essential to its continued existence, the applicant must obtain authorization from the DFG pursuant to Fish and Game Code Section 2081. wetlands. Compliance with the DFG's Wetland Policy requires that there should be no net loss of wetland acreage or wetland habitat values, either on or off project site, due to project development. A mitigation and monitoring plan subject to DFG approval should be required for lossof sensitive habitats, including, but not necessarily limited to, freshwater marsh, riparian woodland, oak woodland, and riparian scrub vegetation. Watercourses. The DFG opposes the elimination of watercourses and/or their conversion into subsurface drains. All watercourses, whether intermittent or perennial must be retained and provided with setback buffers appropriate to preserve the riparian and aquatic habitat values. Earthen channels should be interconnected with adjacent large open space areas to increase their effectiveness as wildlife corridors in urban surroundings. The DFG has direct jurisdiction under Fish and Game Code sections 1601-03 in regard to any proposed activities that would divert or obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake. We recommend early consultation since modification of the proposed project may be required to avoid impacts to fish and wildlife resources. 'cott wright JUly 9, 1991 Page Two Formal notification (with fee) under Fish and Game Code Section 1603 should be made after all other permits and certifications have been obtained. Work cannot be initiated until a streambed alteration agreement. is executed. The project sponsor is subject to the user fee provided by Fish and Game Code Section 711.4, and the fee is payable to the County Clerk at the time of or prior to filing the Notice of Determination by the lead agency. If a Negative Declaration is filed, the user fee is $1,250. If an Environmental Impact Report is filed, the fee is $850. It is our assessment that this project will result in cumulative loss of fish and wildlife resources and is not exempt from the user fee. In conclusion, if your analysis reveals that the above-mentioned concerns have been fully addressed throughout your decision-making process, we would not object to the project approval. However, we request that you provide us a copy of the final environmental document immediately upon approval and prior to filing the Notice of Determination. If you have any questions, please contact Kim McKee at the above address or by telephone at (213) 590-5137~ Sincerely, Fred Worthley ' Regional Manager Region 5 cc: Office of Planning and Research Environmental Services Division TO: ATTEN: RE: CITY OF TEMECULA PLANNING DEPARTMENT TRACT 25277 AUGUST 4~ 1992 With resOeCt tO the review of the above referenced project. The site was previously designated Hazardous Fire Area by Riverside Coutnty due to the limited access, steep slopes and natural vege- tation. The hazardous designation expired when the city incorpo- rated. However, the threat from wildland fires is still a concern and should be taken into consideration in the design of the of the lots adjoining the open space and in the treatment and main- tenance of the open space lots. The project is proposing dead end cul-de-sacs that exceed ordinance lengthS~ the project should not be approved unless the developer can proyide evidence that the off-site right-of-way can be acquired and that acceptable alter- nate or secondary public access can be constructed to a location other then Via Gllberto Road. The Fire Department recommends the following fire measuresbe provided in accordance with Temecula City and/or recognized fire protection standards. protection Ordinances 1. Schedule A fire protection aDproved standard fire hydrants. (6"::4"x2 1/2") located one at each street intersection and spaced no more than 550 feet apart in any direction. with no portion. of any lot frontage more than 165. ft. from a hydrant. Minimum fire flow shall be lOOO GPM for 2 hours duration at 2c3 PSI. 2. Applicant/developer shall furnish one eDDy of the water plans to the Fire Department for review. Plans shall be signed be a reoistered civil engineer. containing a Fire Department approval signature block. and shall conform to hydrant type. location. spacing and minimum fire flow. Once plans are signed by the local water ComDanv. the orio/nals shall be presented to the Fire Department for signature. · r,,o ,=.s.....m_,,..c,.mo, (71 4~ zT~TT'7 · ,FAX ("/14~ M14S1 ~ rJLF,,VIMSJ.J. Lm ijJ.VL:LLU~ FIlE 1619) 86)-;072 Tract 25277 Cont. Aug. 4, 1992 5. The required water system~ including fire hydrants. shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 4. Prior to..recordation of the final maD. the applicant/developer shall 'provide the City Engineer with evidence that acceptable public secondary access can be constructed. 5. All buildings shall be constructed with class "B"roofing mate- rial as described in Section 5204 of the Uniform Building Code. Any wood shingles or shakes shall be approved by Building and Safety prior to installation. 6. Prior to the recordation of the final map~ the developer shall deposit, with the City of Temecula~ a cash sum of $400.00 per lot/unit. as mitigation for fire protection impacts. Should the developer choose to defer the time of payment~ he/she may enter into a written agreement with the County deferring said payment to the time of issuance of the first building permit. All Ouestions regarding the meaning of conditions sha.ll ferreO to the Planning and Engineering Staff. be re- RAYMOND Hi REGIS Chief Fire Deoartment Planner Fire Camrain Soecialist 2 08/12/92 16:05 97146957121 TVUSD ~eo2/~02 TEMECULA VALLEY Uilified Scheei District SUPERINTENDENT Pairloll B, Novomey, Ed.D. 9f.~ARD OF ~DUCATION Dr. David Eurlcr, R~,~ Van~lliri~jeK JOan F. ~,r~arKman B;ltBirl TOoksr August 12, 1992 City of Temecula 43174 Business Perk Drive Temecula, CA 92590 Attention: Salad Naaseh Re: Acacia Construction Tract MaD 25277 We would' like to take this opportunity to state our position regarding the payment of school fees for the above referenced tract map. The Temecula Valley Unified School District will collect the 8mount in effect at the time that the building Detroit is applied for. Thank you for your time and cooperation concerning this matter. Very truly yours, Temecula Valley Unified School District Lettie Boggs Coordinator, Facilities Planning 31350 Ranct~o v~sta Road Temecula. CA' 92592 / (714) 676-2661 TO: FROM: DATE: REFERENCE: Saied Naaseh, Planning Department Beryl Yasinosky ;~y Semior Development Assistant luly 7, 1992 Tentative Tract No. 2~277, Amended No. 4. The Temecula Community Services Department staff (TCSD) has reviewed the conditions as set forth in the City of Temecula Conditions of Approval and recommends APPROVAL of Tentative Tract Map No. 25277, Amended No. 4, subject to the developer or Ms assignee conforming to the TCSD Quimby Ordinance No. 460.93 as follows: 1. Prior to recordation of the Final Map, the applicant or his assignee, Shall offer for dedication lot-numbers 97, 98, 99, 100, and 101, for park land and recreational trails and execute a Letter of Agreement with the City of Temecula, Community Services Department, to improve the proposed dedication areas in accordance with· existing City standards. 2. Exterior slopes (as def'med sis: Those slopes contiguous to public streets that have a width of 66' or g.reater) and/or slopes contiguous with proposed recreational trails, shall be offered for dedication to the City of Temecula for Maintenance purposes following compliance to existing City standards and completion of the application process. AH other slopes and open space shall be maintained by the individual homeowners or an established Homeowner's Association (HOA). 3. All proposed slopes, open space, park !and, and recreational trails intended for dedication to the City of Temecula shah be identified on the Final Map by numbered lot, with the square footage of said lot number indexed as a proposed City Maintenance area. 4. Access points for all proposed City Maintenance Areas shall be identified on the Final Map. All questions regarding the meaning of the conditions shall be referred to the Temecula Community Services Department. Gary L. King, Development Services Administrator Debbie Ubnoske, Senior Planner Municipal (/'ater District TAt M~elile~ I'merr ,~e~fm Cl~mle lbrle F, ~n I(e~,~ M CuE RFCEIVED kv.'tf, ee r) Sac,r3,. r.:*..,,~,;: ~,x:. i~ AI.tr,tFc CI~;k A )V.IM*/* I M.P:hek January 28, 19~1 Mr. Sam Hartinez County of RIverside Department of Health Post Offlce Bux 1370 RIverside, California 92502 Subject: Tentative Tract )lap 25277 - Supplemmntal SAN 53 Information Dear Mr. Marttnez: This letter is in reSponSe tO your request for InfOrmation desct-tbtng Eastern Municipal Water DiStrict's (ENWD) service responsibility to the subject project. Please be informed that, according to our records, the subject project lies outside the EHWD's service area. in order to be eligible for service by EHWO, the subject property must annex tO EIIWD and Netropolitan Water District of Southern California (HWD), For information re?ardtnR annexations, please contact the District's Customer Service Department at 714) f66-1810. Assuming the subject project is annexed into EMWD and MWD, the following cor~ents regarding sanitary sewer and reclaimed water service may apply: Sanitary_ Sewer The anticipated daily wastewater flow from the subject project have been estimated as follows: Ayerage Dally Flow (ADF):. F AD - (105 DU) (3.5 PERSONS/DU) (100 GPCD) -.0.0368 NGD Peak Dally Flow (PDF): PDF - (2.51 (ADF) - 0.092 IqGO lhe project ts located within the service area of the Dtstrict's Rancho California Regional Water Reclamation Facility (RCRWRF), located in Te~cula. The RCRWRF presently has a treatn~nt capacity of 5.0 MGD and an average daily flow of 3.5 HGD. The RCRWRF is being expanded to 6.25 HGD. Availability of treatment capacity iS dependent on the construction timin~ of the subject project, Mad Tn' Posf Oilice Ik)~r 8.~00 · .~anJ.dmo, Cmlifu, nia y2~B.~-!.ltx) · Tdcl,hanc (714) 925-7m;76 · Far. (714) hieran Of[aCt'. 2045 S San Jacinto Stft~et, S~n Jacimstn · Cusm,ner Servk~/ENlineefinB Annex. ¢40 E C)jkL~nd A~.enur. Herr,: ,.. :..'~ l, lr. Sam Marttnez -2- January 28, 1991 TIme nearest available extstin~ EMWD santtary sewer ptpeltn, to the subject project is a 12-inch diameter plpeline located along Rainbow Canyon Ro~d at approximately Pechanga Creek. The cunflguratton of an onstte gravity flow sewer system shall allow for a connection tn accordance with District standards tu the exlSting server described in item NO. 4 above. It ts considered the responsibility .uf the developer to propose a p]an of service that takes Into constder.atto,~ the subject project grading plan, any tributary flow to the project stte, and any offsite facilities required to make the proper connection to the existing sewer system. It would seem that a logical offsite se~er alignment would parallel the south side of Pechanga Creek for an approximate dtstence a Construction of an approved plan of service will allow for the subject project to be connected to the existing and master-planned sewer colle~t4on system comprised of e Combination of aravtty flow and pressur~?ed se~r pipelines, and treatment and disposal facilities. The dlsposal of treated wastewater w111 be accomplished by a combination of' State approved beneficial use and percolatton practices. Available sewer currently does not front the subject project. The developer is expected to propose onstte and offsite sewer plans that must be reviewed by and receive the proper ENWD Planning Department approvals. It must be understood that the evaliable capacity of the Dlstrict's sewer system changes continuously due to development within the District. As such, service will be provided based on the timing of the subject project, the service agreement with the District, and the status of the District's permit to operate. Should you have any questions regarding these comments, please contact Ruth NewSham or me at (714) 766-1850. Very truly yours, Director of Planning h/HAS:RN:lp .cc: Joe Rlchards, RIverSIde County Planning Department John Frtcker, EHWD 90-3418 WO#: 91-325 7/P ATTACHMENT NO: 3 EXHIBITS $%STAFFRPT*~7,~4(::Z.leC: CITY OF TEMECULA I! ,;:SITE \~ CASE NO.: EXHIBIT: P.C. DATE: I1 II Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 A VICINITY MAP September 21, 1992 S%STAFFRPTX5724CZ.PC Reveed Septeenl~' 14, 1992 CITY OF TEMECULA ~ICBANOA · ,,/INDIAN I D HAWI~"' "'- ,SITE 4 DesiBnation: 2,-5 Dwdlin$ Units Per Acre Residential /SITE ,; --, t; zom~G- sxmerr c Case No.: P.C. Date: R'R Designation: R-R Change of Zone No. 57:24 & Tentative Tract Map No. 2.$277, Amendment No. 4 September 21, 1992 S%STAFFRPTXS724CZPC Reveed Sefxemix, 14. 1992 CITY OF TEMECULA CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: D TENTATIVE TRACT MAP NO. 25277, AM~-NDMENT NO. 4 P.C. DATE: September 21, 1~)2 S~STAFFRPT~S?24CZ.PC Revieed Se~ember 14. 1992 CITY OF TEMECULA CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: E TENTATIVE TRACT MAP NO. 27473 P.C. DATE: September 21, 1992 SXSTAFFRPT',S724CZ P~ 14. 1992 CITY OF TEMECULA CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: F LOTS FRONTING ON VIA GILBERTO P.C. DATE: September 21, 1992 S~STAFFRPT%S724CZ.PC Revieed Se~embef 14, 1992 CITY OF TEMECULA GOLF \/ PM. I P M, 63/84-1~ RI Ri POll U)T It & T[NTATIV[ TR,K;T MAp ZN73 VACANT CASE NO.': Change of Zone No. 57~4 & Tentative Tract Map No. 25277, Amendment No. 4 EXHIBIT: G :1 ZONE CHANGE NO. 5724 P.C. DATE: September 21, 1992 S'~STAFFfIPT%5724 CZ. PC Revmed Sepeeen~ 14. 1992 ATTACHMENT 'NO. 4 INITIAL STUDY S~,STAFFRPT'~5724CZ.laC Rewe4d &eC4embe 17, 1992 41 II CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY BACKGROUND 1. Name of Project: Acacia 2. Case Numbers: Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No.4. Location of Project: Southwesterly side of Pechanga Creek between Via Gilberto and easterly side of Temecula Creek Inn Golf Course e Description of Project: A request for approval of a zone change from Rural Residential (R-R) to Single Family Residential (R-1) and a subdivision to include 96 single family lots and 5 open space lots proposed on 47.7 acres. e Date of Environmental Assessment: August 17, 1992 6. Name of Proponent: Acacia Construction Address and Phone Number of Proponent: 8180 E. Kaiser Blvd., Suite 200 Anaheim Hills, CA 92808-2213 (714) 282-5800 ENVIRONMENTAL IMPACTS (Explanations. to all the answers are provided in Section III) 1. Earth. Will the proposal result in: Yes Maybe .N0 ae Unstable earth conditions or in changes geologic substructures? X be Disruptions, displacements, compaction, or overcovering of the soil? X Change in topography or ground surface'relief features? de The destruction, covering or modification of any unique geologic or physical features? X :'--- Yes Mavb~ No: e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in siltation, deposition or erosion? g. The modification of any wash, channel, creek, river, or lake? h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, liquefaction, or similar hazards? i. Any development within an Alquist-Prio!o Special ' Studies Zone? Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors?: c. Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally? Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? : b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c. Alterations to the course or flow of flood waters? X X x X X X X Change in the amount of surface water in any waterbody? Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? fe Alteration of the direction or rate of flow of ground waters? X X X · S~STAFFRPl~S724CZ.PC - · ~ s,.,,,..,b.. ~7. '~e.:, 43 ' ' Yes Maybe NO g. Change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cute or excavations? h. Reduction in the amount of water otherwise available for public water supplies? · i. Exposure of people or property to water related hazards such as flooding? 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)? X X Reduction of the numbers of any. unique, rare, threatened, 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? d. Reduction in the acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (animals includes ell land animals, birds, reptiles, amphibians, fish, shellfish, benthic organisms, and/or insects)? Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? The introduction of new wildlife species into an area? d. A barrier to the migration or movement of animals? e. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: e. Increases in existing noise levels? ~.STA. FF, RPT%5724C:Z.P(:: R,ev, eed ketembe 17. 1992 X X X X X Yes Maybe No 10. 11. 12. b. Exposure of people to severe noise levels? c. Exposure of people to severe vibrations? Ught and Glare. Will the proposal produce or result in new light or glare? Land Use. Will the proposal result in: a. Alteration of the present land use of an area? b. Alteration to the future planned land use of an area as described in a community or general plan?_ Natural Resources. Will the proposal result in: a.- An increase in the rate of use of any natural resources? b. The depletion of any nonrenewable natural resource? Risk of Upset. Will the proposal result in: a. A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited to, oil, pesticides, chemicals or radiation)? b. The use, storage, transport or disposal of any toxic · or hazardous materials (including, but not limited to oil, pesticides, chemicals, or radiation)? c. Possible interference with an emergency response plan or an emergency evacuation. plan?_ Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal' affect existing housing or create 'a demand for additional housing? X X X X x X X X · ' S~,~TA,,,"T~'~,5724CZ.PC · m,,,.d rm,t.,,,b., ~. ~.2 45 ' 13. 14. 15. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new perking.? c. Substantial impact upon existing transportation systems, including public. transportation? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? · f. Other governmental services: Libraries Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development ~f new sources of energy? Yes Maybe No X _ X X X X · -' I~TAFFRFT~5724CZ.PC; ~..~ k,,~...,,. ~;. ~gg~ 46 Yes Maybe NO 16. 17. 18. 19. Ulilities, Will the proposal result in a need for new systems, ' ' or substantial alterations to any of the-following utilities: a. Power or natural gas? X b. Communications systems? X _ c. Water systems? X _ d. Sanitary sewer systems or septic tanks? X _ e. Storm water drainage systems? ...X _ f. Solid waste disposal systems? . X _ g. Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. The exposure of people to potential health hazards. including the exposure of sensitive recaptots (such as schools and hospitals) to toxic pollutant emissions? Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? b. The creation of an aesthetically offensive site open to public view? c. Detrimental visual impacts on the surrounding area? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities? X X X X X X X ~.STAr-+tg-i~S724CZ.PC Yes Maybe No' 20. Cultural Resources. Will the proposal result in: ae The alteration or destruction of any paleontologic, prehistoric, archaeological or historic site? Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X Any potential to cause a physical change which would affect unique ethnic cultural values? X Restrictions to existing religious or sacred uses within the potential impact area? X III DISCUSSION OF THE ENVIRONMENTAL IMPACTS E~rth 1 .a. Yes. Note: A geotechnical report for the project site was prepared by Soil Tech, Inc. on June 21, 1989; an amendment was prepared on April 13, 1992. The proposed project will cause changes in the geological substructures which include alluvium to a depth of up to 31.5 feet, colluvium to a depth of up to 2 feet, sandstone and bedrock. These changes will .be primarily caused by ripping and probably by blasting. Moderate to difficult ripping might be required in the sandstone and bedrock formations. Blasting might be required in the granitic unit and cuts deeper than 25 feet. The sandstone and bedrock formations cover over 50 percent of the site and are' located to the southeast of the 1060 contour line. Lots 58, 63, end 64 are located on bedrock as identified in the Soils Report. It is difficult to predict the requirement of blasting at this stage; usually in the grading stage anything that is impossible to rip is blasted. Therefore, if in the grading stage blasting is required proper mitigation measures will be required acceptable to the Public Works Department, Planning Department, Police Department and Fire Department. Furthermore, the project will not cause unstable earth conditions. A slope stability report has been prepared. With the incorporation of the mitigation measures introduced in this report the significant impacts are reduced to a level of insignificance. 1 .b.c. Yes. The project will cause disruptions, displacements, compaction and overcovering of the soil and result in changes to the natural topography. The project design includes 200,650 Cubic yards of excavation, 180,770 cubic yards S~STAF~-e-i~5724CZ.PC ~ r,~.,,,b., ~. ~,~ 48 1.d. 1.e. 1.f. 1.g. 1.h. 1.i. of embankment, 18,080 cubic yards of shrinkage and 1,800 cubic yards of excesS. The difference between the highest end lowest points of the natural topography is 140 feet. Furtr~rmore, the difference batwen the highest and lowest finished pad elevations is 94 feet. Since this grading will not cause any other environmental damage, i.e. disturbance of the oak trees, and mitigation measures such compaction of the soil, slope stability and erosion control have been incorporated into the conditions of approval, no significant impacts are anticipated. No. A site inspection by Staff revealed no unique geologic or physical features on the site. Therefore,-no significant impacts are anticipated.- Yes. The project will increase wind and water erosion of the soil on a short term basis; however, standard mitigation measures such as spraying the graded areas and send bagging during the grading operations will. reduce the impacts to an insignificant level. The long term impacts will not be significant since slope planting will protect the slopes against erosion. Yes. The project will cause a change in siltation, deposition and erosion since the site will be covered with .concrete, asphalt and landscaping. However, this impact is not considered significant since drainage facilities will direct the storm water into Pechanga Creek and ultimately to Santa Margarita River. Yes. The project will cause modification of the Pachanga Creek by filling the creek bed to allow the construction of single family dwellings. No significant impacts are anticipated since the creek will still be able to carry the 100 year flood. Maybe. The project lies within an active area of faulting and seismicity within the Southern California region. This seismicity has included numerous earthquakes ranging in Richter magnitude from 4.0 to 5.0 within 30 miles of the site and have been recorded during the period of 1932 through 1972 according to the preliminary Geotechnical Investigation which included mitigation measures for soils compaction, foundation, end structural design to mitigate the impacts to a level of insignificance. These mitigation measures shall be monitored by the Building and Safety and Public Works Departments. Moreover, a portion of the project site is within liquefaction hazard areas. Mitigation measures in the Geotachnical Investigation shall be.. implemented by the Public Works Department tO mitigate the impacts to an insignificant level. No. The project site is not within an Alquist Priolo special studies zone. Therefore, no significant impacts are anticipated. S~TAFFRFT~5724C;Z.PC 17. 1882 49 2.b. 2.c. 3.a.c .d. 3.b. 3.8. 3.f. Yes. The development of this project will cause air emissions and deterioration of ambient air quality. Short term impacts affecting the surrounding air quality would result from emissions generated by construction vehicles and dust generated during grading operations. These impacts are not considered significant because of their short term nature. According to the South Coast Air Quality Management District handbook the long term impacts of this project do not meet the threshold levels of significant air quality impacts. Therefore, no significant impacts are anticipated. No. The development of this project will not cause objectionable odors since these odors am not caused by residential projects, No significant impacts are anticipated. No. The development of this project will not cause alteration of air movement,temperature or moisture or any change in climate,whether locally or regionally since these impacts are not associated with this type of project. No significant impacts are anticipated. Maybe. The proposed project is going to allow filling the flood plain to permit the construction of dwelling units above the flood plain which may cause alteration of the course or flow of flood waters. Proper permits and agreements shall be secured with the affected Federal, State, and local agencies including the Army Corps. of Engineers, FEMA, Fish and Wildlife, Fish and Game, Flood-Control and Public Works Department prior to issuance of grading permits to reduce the impacts to an insignificant level. The applicant has consulted the Fish and Game and Army Corps of Engineers and has received preliminary clearances from these agencies. However, further permitting will be required from these agencies. No significant impacts are anticipated. Yes. The development of this project will cause changes in absorption rates, drainage patterns and the rate and amount' of surface runoff; since it will introduce impervious surfaces that will direct the storm water to Pechanga Creek. This impact is not anticipated to be significant since the creek will be able to carry the storm water. No. significant impacts are anticipated. No. The development of this project will not cause. a discharge into surface waters, nor alter the surface water quality. Storm water runoff and possibly irrigation runoff from the proposed project would ultimately flow into the Santa Margarita River. Runoff pollutants will be typical of those of urbanized areas, including motor oil, pesticides, 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 Pechanga Creek and ultimately to Santa Margarita River which recharge the ground 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. S.~STAFfllcrr~5724CZ PC Reweecl r~eateRter 17, 1192 50 3;h. 3.i. 4.a.b. 4.c. 4.d. 5.8 .C. 5.b. 5.d. No. The development of this project' will not change the quality of ground waters,either through direct additions, withdrawals, or through interception of an aquifer by cuts or exaltations. The project site is not. within the service area of Rancho Water District which will provide water services to the project. The applicant will annex to the district. If the annexation is complete, direct withdrawal of ground water will be mitigated to a level of insignificance. No. !f the project is annexed to Rancho Water District, there will be no substantial reduction in the availability of water. No significant impacts are anticipated. Maybe. A portion of the project site is within the flood plain. However, the pad elevations have been raised above the flood plain. The project has been conditi0ned to meet FEMA requirements and the Public Works Department prior to issuance of grading permits. No significant impacts are anticipated. Yes. The 48 acre site contains: (1) Non-native GraBland and Phase of the Valley and Foothill Grassland Natural Community, (2) the Southern Mixed Chaparral Phase of the Riparian Woodlands Natural Community. The Non-native Grassland and the Southern Mixed Chaparral will be mostly eliminated due to development. However, from the 297 Southern Oak Riparian Woodland 3 will be removed, 24 will be transplanted and the rest will be preserved. The project has been redesigned several times to preserve these trees.' Proper mitigation measures have been included to preserve, replace, and monitor the oak tree community within the project site to reduce impacts to a level of insignificance. Yes. The ultimate development of the project will produce new non-natiVe species of plants within the individual lots. However, the open space areas within the project which contain the oak trees will not be introduced to non-native plants. The slopes within these areas will be planted with native species. and temporarily irrigated subject to approval of an Abrorist. No significant 'impacts are anticipated. No. The project site is not currently being used for agricultural purposes; therefore, no significant impacts are anticipated. Maybe. The ultimate development of the project may eliminate some of the native animals on the site; bowever, some may survive in an'urban environment. The only additions to the animal life are expected to be household pets· No significant impacts are anticipated as a result of this project· No. The Biological Reports did not identify any Stephen's Kangaroo Rats, Gnatcatchers or any other endangered species present at the site. A petition was filed with Fish and Wildlife to list the Mountain Lion on the Endangered Species list on February 1992; however, the petition has not been approved. No significant impacts are anticipated. Maybe. The Pechanga Creek has been used as a corridor for two Mountain Lion Communities located in the Palomar and the Santa Aria Ranges. The creek has 9',STAFFRFT~.5724CZ. PC Ibv,,d S4men~xr 17. 1992 51 6.8. 6.b.c. 8.b. 9.a.b. been left as open space to provide for a continued movement of wildlife which is between 200 and 300 feet in width. The project has been redssigned several times to provide open space corridors to the property to the south which is a mountainous area. The Pechanga Creek Corridor will be left as open space and additional open space will be provided to link the creek to the open space area to the south. This combination should be sufficient to preserve the wildlife corridor. Because of these mitigation measures no significant impacts are anticipated. Yes. The development of this project will cause an increase to existing noise levels. The short term impacts are associated with the grading and 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. If it is determined during the grading operation that blasting will be required, the grading stage of this project will expose people to severe noise levels and vibrations. Necessary mitigation measures shall be implemented to reduce the impacts. If no blasting is required, no significant impacts are anticipated. Yes. The project will result in an increase in the light and glare of the area. · However, the project has been conditioned to comply with Mt. Palomar Observatory lighting requirements to reduce the impacts. Furthermore, the Pechanga Creek is being used by wild life. This corridor will not be impacted since the lots will beck- up to the creek. Substantial light and glare is not anticipated in the back yards and the street lights will be further away from the creek. Therefore, no significant impacts are anticipated. Yes. The existing zoning on the proparty is Rural Residential which will allow approximately 72 parcels on this site assuming the Pechanga Creek remains as open space. The proposed project which includes a change of zone to R-1 will create 96 'residential lots. Therefore, this zone change will increase the density of the project by 33 percent. No significant impacts are anticipated from this increase. No. The Draft Preferred Land Use Ran designates the site as low density residential which allows a maximum density of 2 dwelling units per acre. The gross site area is 47.7 acres which makes it consistent with the General Plan. Therefore, no significant impa~:ts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of both renewable and non-renewable natural resources during construction and project operation. The oak trees present at the site will be preserved or transplanted. A monitoring program will insure their well being or they will be replaced with new trees. The Pechanga Creek is a natural resource being used as a wildlife corridor; therefore it is being preserved. The 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 · S~,S TAFFRPT~5 724CZ. PC Rewsed September 17. 1992 52 10.a.b. 10.c. 11. 12. 13.a.c. 13.b., 13.d. 13.e. 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. No. The project will not cause a risk in explosions in the event of an accident nor will it cause the use, storage, transport nor disposal of any toxic or hazardous materials since the residential nature of the project does not necessitate the presence of explosives, and toxic or hazardous-materials. No significant impacts are anticipated. · No. The proposed project will not' interfere with an emergency response plan Or an emergency evacuation plan since a secondary access to the site will be provided through the proposed Tentative Tract Map No. 27473. This access is acceptable to the Fire Department and will only be used in the event of an emergency. Therefore, no significant impacts are anticipated. No. The ultimate development of the site will create 96 single-family dwelling units which will generate approximately 272 new residents. This increase could be in the form of out of town residents moving into the city, the relocation of Temecula residents in the area or a combination of the two. This impact is not expected to be significant. Yes. This proposal will add to the existing housing stock. It will result in construction of houses on vacant land which is used as an open space area by the neighborhood residents. However, this impact is not anticipated to be significant since the project site is zoned for residential. Moreover, trials and picnic .areas have been incorporated into the project design to be used by the neighborhood residents. Maybe. The proposed project will generate approximately 960 trips per day which will be traveling through Via Gilberto and continue on to Pala Road. This impact is not anticipated to be significant since the trips will not affect the service level of Via Gilberto. However, it will increase the traffic on Via Gilberto to a point where a traffic signal will be warranted on Pala Road and Via Gilberto to mitigate the impacts of this project. With the incorporation Of this mitigation measure impacts are reduced to a level of insignificance. No. The proposed project will not create additional demand on existing parking facilities since the proper number of parking spaces will be provided as garages. Therefore, no significant impacts are anticipated. No. The proposed project will not adversely affect the present pattern of circulation or movement of people since it is being served by existing road systems. No significant impacts are anticipated. 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 transportation system. Therefore, no significant impacts are anticipated. S~,STAFFRPT~5 724CZ. PC Revmed S41~ember 17. 1~2 53 13,f .... 14,a, 14.b. 14.c. 14.d. 14.e, 14.f. 15.a.b. Maybe. Project-related traffic could create new traffic hazards to motor vehicles, bicyclists and pedestrians, both on and off the project sits. Points of conflict would be created as a result of additional traffic on Via Gilberto and an increased number of left hand turns from Via Gilberto to Pala Road. Internal circulation within the subdivision could also result in potential hazards to pedestrians. Since Via Gilberto is now a barricaded street, traffic is now limited to residents and visitors to the tracts on either side of Via Gilberto. A traffic light will be installed at Pala Road and Via Gilberto to reduce these' impacts to a level of insignificance. Therefore, no significant impacts are anticipated. YeL The proposed project will have an impact on fire protection. Mitigation fee of $400.00 per dwelling unit will be collected to mitigate the impacts of this development on Fire Services. The Fire Department has reviewed the project and has placed Conditions of Approval on the project to reduce the impacts of the project to an insignificant level. Yes. The proposed project will have an impact on police service. The City of Temecula is contracting through the Riverside County Sheriff's Department for law enforcement services. This contract provides for thirty-one sworn officers and seven non-sworn officers. Additional services are 'provided to the city through various divisions within the Sheriff's Department. The average response time for priority one calls is 6.5 minutes which according to the Sheriff's Department 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. Yes. The proposed' project will have an impact on the schools; however, this impact will be mitigated by the payment of school fees. No significant impacts are anticipated. No. The project will have an impact on the existing recreational facilities..However, this impact is not significant since it proposes public open space area with trails and benches for the residents and Quimby fees will be collected to increase the number of parks in the City or develop the City owned parcels as parks, Yes. The project will cause increased traffic on existing city streets and will-: introduce new streets, both of which will increase the maintenance cost to the City. However, these impacts are not considered to be significant since the new homes and the new residents will generate additional revenue to the City to maintain streets. Maybe. The future projects residents will be using governmental services such as libraries, however, a $100.00 per dwelling mitigation fee imposed for this project will mitigate the impact. No significant impacts are anticipated. No. The implementation of the proposed project would increase the rate of consumption of fuel and other energy resources. During construction, construction equipment would be consuming energy resources. At buildout, energy resources S~$TAFFIFT'~5724CZ. PC: Revmed 5emember 17. 1992 54 16.a.b. .16.c.d. 16.e. 16.f. 16.g. 17.a.b. would be required during project operation, such as gasoline, natural gas, arid electricity. However, the proposed project would not result in the use of substantial amounts of fuels or energy which are commercially abundant. No significant impacts are anticipated. Ye=. These services will need to be extended to the project site upon the completion of an agreement' between the applicant and the individual utility companies; however, the impact is not anticipated to be significant. Ye~. The sewer and water lines will need to be extended to the project site. The proposed project is outside the service boundaries of both the Rancho Water District and the Eastern Municipal Water District which provide the water and sewer services respectively. Annexations to their boundaries will be necessary to provide service to this project. The sewer lines from the project will have to be extended to Rainbow Canyon Road where.the existing sewer line is located.. This connection line will be approximately 3,000 feet. No significant impacts are anticipated. Yes. The proposed project will cause a need for new storm water drainage systems. The storm water drainage system will be built on site and will direct the storm water to the Pechanga Creek and subsequently to the Santa Margarita Riven No significant impacts are anticipated. Yes. The project will cause an increased demand for solid waste collection and disposal. The solid waste pick-up and disposal will be handled by the company under contract with the City and new residents will be assessed. No significant impacts are anticipated. No. All the services are within close proximity to the project site and could be available to the site upon arrangements with the individual utility companies. No significant impacts are anticipated. No. The nature of the proposed uses permitted on the project site is not such that they would create potential health hazards. No significant impacts are anticipated. 18.a.b.c. No. The proposed project will not result in the obstruction of any 'scenic vista; view open to the public, or detrimental visual impacts on the surrounding area. The residents abutting the north side of the creek have a view of the project site through their wrought iron fencing. However, this project will not block that view. No significant impacts are anticipated. 19. No. The proposed project will not result in impacts upon the quality or quantity of existing recreational resources or opportunities. The project will provide open space area to be used by the project residents and others in the neighborhood. These open space areas might include trails, benches and a tot lot. Furthermore, Quimby fees will .be collected to further provide parks and open space and recreation S%STAFFRPT~5724CZ,PC RewB~d SeD~embe 17. lgg2 55 20.s.c.d. 20.b. opportunities to the surrounding residents. Therefore, no significan.t impacts are anticipated. No. An Archaeological Assessment was prepared by Jean Keller which recommended no further research for resources is necessary within the boundary of the project. Furthermore, the San Bernerdino County Museum had no recommendations regarding this project. No significant impacts are anticipated. Maybe. A historic site, CA-RIV-330-H, is located just outside the project boundary to the south of the southwest property line.- This adobe wall shall be protected from grading and possible blasting even though it is outside the project boundary. Fencing shall be erected around the adobe walls to protect the structural integrity of the wall from equipment and grading. If blasting is required within the vicinity of the wall, acceptable mitigation measures shall be incorporated to protect the structures. The fencing shall be shown on the grading plans. This fencing shall be at least four feet high and thirty feet in diameter surrounding the wall. With the incorporation of these mitigation measures the impacts are reduced to a level of insignificance. S~ST AFFRFT%5724C. Z PC I~ev, sed September 17. 1992 56 IV .....MANDATORY FINDINGS OF SIGNIRCANCE 1. Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self sustaining levels, threaten to eliminate a plant, bird or animal' species, or eliminate important examples of the major periods .of California history or prehistory? Yes Maybe No Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well into the future.) X Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) X Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X V DEPARTMENT OF FISH AND GAME 'DE-MINIMUS" FINDINGS Does the project have the potential to cause any adverse effect, either individually or cumulatively, on fish and wildlife resources? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability' (Section 711.2, Fish and Game Code). Yes X · ·e S~.STAFFRFT%S?24CZ.I~ ..,... s..,..,u., ~7. ~ee~ 57 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find' that the proposed project COULD NOT have · significant effect on the' environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impacts to a level of insignificance, and a NEGATIVE DECLARATION will be prepared. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: Signature Saied Naaseh, Associate Planner Name and Title August 17, 1992 Date 9~ST&~5724CZ.PC fieneed September 17. 1992 58 ATTACHMENT NO. 5 TABLE I S~STAFFRPT~S724CZ.PC Rewsed Semernbe I 7. 1992 59 LOT BY LOT GRADING ANALYSIS FOR TRACT 25277 difference required for the required for;the Lots high Lots low Lot # point-feet point-feet 1 1060 1052 2- 1060 1052 3 1060 1052 4 1076 1060 5 1076 1064 6 1072 1060 7 1060 1056 8 1060 1056 9 1060 1056 10 1056 -1052 11 1052 1048 12 1052 1044 13 1048 1044 14 1048 1044 15 1048 1044 16 1048 1044 17 1048 1044 18 1048 1048 19 1048 1040 20 1046 1040 21 1046 1040 22 1044 1044 23 1046 · 1046 24 1044 1044 25 1044 1044 Pad elevation feet 1072 1072 1072 1065 1065 1063 1061 1060 1059 1058 1056 1055 1053 1051 1049 1048 1048 1048 1049 1049 1049 1049 1050 1050 1050 Elevation between the high & low points'of the lot-feet 8 8 8 16 12 12 4 4 4 4' 4 8 4 4 4 4 4 0 8 6 6 0 0 0 0 Cut (C)FFill (F) Cut (C)tFill :fir) high point to low point to become the pad become the pad elevation elevation 12 F 20 F 12 F 20 F 12 F 20 F llC 5F llC IF 9C 3F 1F 5F 0 4F 1C 3F 2F 6F 4F 8F 3F I1F 5F 9F 3F 7F IF 5F 0 4F 0 4F 0 , 0 IF 9F 3F 9F 3F 9F 5F 5F 4F 4F 6F 6F 6FI 6F S~'rAFFRPT%.2~277. FRM Pad Lore high Lots ~w elevation Lot # point-feet point-feet' feet 26 1048 1046 1052 27 1048 1048 1052 28 1049 1049 1053 29 1050 1050 1054 30 1052 1052 1056 31 1052 1052 1058 32 1056 1056 1060 33 1060 1060 1064 34 1064 1060 1068 35 1076 1064 1073 36 1096 1076 1088 37 1096 1084 1084 38 1084 1076 1080 39 1076 1068 1076 40 1072 .1060 1072 41 1060 1056 1064 42 1056 1056 1057 43 1056 1056 1056 44 1052 1052 1055 45 1050 1050 1054 46 1049 1048 1052 47 1049 1048' 1054 48 1050 1050 1056 49 1052 1052 1062 50 1056 1056 1066 51 1056 1056 1073 52 1060 1056 1073 $XSTAFFRPT~27'/.FRM Elevation difference between the high & low points of the lot-fe~ 2 0 0 0 0 0 0 0 4 12 20 12 8 8 I12 4 0 0 0 0 I 1 0 0 0 0 4 The mount of Cut (C)/Fill (F) requix~ for the high point to become the pad elevation 6F 4F 4F 4F 4F 6F 4F 4F 4F 3C 8C 12 C 4C 0 0 4F IF O 3F 4F 3F 5F 6F 10F 10F 17F 13 F : The mount of Cut (C)/Fffi (F) required for the low point to become the pad elevation 4F 4F 4F 4F 4F 6F 4F 4F 8F 9F 12 F 0 4F 8F 12F 8F 1F 0 3F 4F 4F 6F 6F !0 F 10F 17F 17F Loa high Lots low ' elevation Lot .# point-feet point-feet feet 53 1060 1056 1074 54 1060 1056 1074 55 1060 1060 1076 56 1072 1064 1076 57 1084 1068 1078 58 1088 1064 1075 59 1096 1068 1080 60 1104 1084 1086 61 1112 1088 1090 62 1132 1092 1098 ,63 1132 1096 1106 64 !136 1104 1120 65 1144 1116 1123 66 1148 1'136 1130 67 1152 1120 1134 68 1152 1128 1142 69 1152 !132 1127 70 !148 1128 1119 71 !!44 i122 1115 72 1136 1096 1110 73 !132 1108 !108 74 !i32 1100 1110 75 1144 1108 1112 76 1144 1140 1128 77 !!44 1128 1130 78 1136 1128 1132 79 !132 1104 1098 S',STA FFR P"~r7?. FRM FAevafion difference between the high & low points of the lot-feet 4 4 0 8 16 24 28 20 24 40 36 32 28 12 32 24 20 20 22 40 24 32 36 4 16 8 28 Cut (C)/Fill (F) required for the high point to become the pad elevation 14 F 14 F 16 F 4F 6C 13 C 16 C 18C 22 C 34 C' 26 C 16 C 21 C 18C 18C 10 C 25 C 29 C 29 C 26 C 24 C 22 C 32 C 16C 14C 4C 34 C : Th~ amount of Cut (C)IFill (F) ~ired .for:the. lowi!:i~int:;to: :. elevation 18F 18F 16 F 12 F 10 F llF 12 F 2F 2F 6F 10 F 16 F 7F 6C 14F 14F 5C 9C 7C 14F 0 10F 4F 12 C 2F 4F 6C Pad Lots high Lots low elevation Lot # point-feet point-feet feet 80 1120 1100 1090 81 1108 1092 I084 82 1104 1072 1080 83 1088 1060 1074 84 1064 1056 .1067 85 1052 1048 1050 86 1052 1048 1054 87 1064 1056 1056 88 1072 1056 1058 89 1072 1060 1061 90 1072 1064 1063 91 1084 1068 1064 92 1084 1068 1066 93 1076 1074 1068 94 ~ 1080 1076 1070 95 1080 1076 1070 96 1076 1068 1072 97 Open Space 98 Open Space 99 Open Space 100 Open Space 101 Open Space Elevation difference between the high & low points of the lot-feet 20 16 32 28 8 4 4 8 16 12 8 16 16 2 4 4 8 The.mount of: Cut (C)/Fill (It) xv, quiaM for the high point to become the pad elevation 30 C 24 C 24 C 14 C 3F 2C 2F 8C 14 C IlC 9C 20 C 18C 8C 10C 10C 4C The.mount.of Cut (C)/Fill (1:r) · required for the low point to become the pad elevation 10 C 8C 8F 14 F llF 2F 6F 0 2F 1F 1C 4.C 2C 6C 6C 6C 4F S',STAFFRFr~25277. ATTACHMENT NO. 6 CORRESPONDENCE S~STAFFRPT~S724CZ.PC Revmed Seetembe 17. 1992 · 60 · :. RECEIVED ,JUL 24. m2 "MOUNTAIN '.LION. FOUNDATION BOARD OI~ DIRECTOILS' Ho~ VVIIliom Newsore . I~bbi Joseph Hu~itz V~ ~t Bill ~ · Scott I~n~ssy r~ Gini , Ilse B~s Don Dionclo St~ Prcrff Don Join Tofi Suson c)e T~lte M~t EXECUTIVE DIRECTOR MOrk J. IL~lmef HONOFLARY BOARD A Ncm P~ofit TaxDec~ .&.*. . RO. Box 1896 :' 5,',c::P,~E~To. CA 95812" 916-442'-2666 · 't. : ,. ·' '..;. " ' .' ' ': - .. ;-. . ._ - ~. .. .. ' " · "'.July 20, i992 City'of TemeCula. . ·. "- ... " "43z?4-Businesl".' a :.' " ! " · TemeculameJk - .92B90 .... ' ":LPOIt ~ w-i~'r!ig ~-CCmn,, AI~gT~BT 3, 1992 ACACIA' HOIO:S' D:~"vlIX}) - City of Temecula,j. Planning Commission Dear Mr. Naaseh: '-. '-= . · 'The' XoUntain '~on' FounaatXon iS. very 'concer~ed about 'the loss of habitat'and'movement. corridors ("habitat.liakages').for mountain. lions and other wildlife throughout California.,' 'The Mountain Lion FoUndation'has'been active' in taking steps to preserve such habitat areas, Enclosed is"a copy of Our 'report Preserving. Cougar Country for land-use managers, A, copy'of our. petitionto l~st the SantaAna Mountains population of mountain lions as endangered under the provisions of the federal Endangered Species Act is also included (See Figure 6 for a description o~ the Pechanga C~eek wildlife corridor and mountain lion data from.Dr.,-Pa~l. Beier), I have also enclosed a copy Of our letter to Mr; John Meyer of the City of Temecula' :. expressing our interest in working with'the'City' of. Temecula as.the General Plan ~s prepared.. Relative to the proposal before the. City of Temecula Planning Commission for the Acacia. Homes Development, I would like to provide.the following" comments for the hearing record:. As noted in the enclosed Petition. prepared · for the U.S. Fish and Wildlif~ Service on the status of the mountain lion in the Santa Ana Mountains 'of southern California, thi's 'population .is virtually isolated fro=' surrounding lion' populations. If completely isolated, over time we anticipate that. the population would go extinct' due to inbreeding problems and a general decline in the population. .. .. .eniy ,·vi&ble wildl.t'fe 'corridor that could · . be-uSed (or'is now being used)' is'through Pechanga. · ".. .Creek,.linkingthe Santa Ana'Mountains with the ' - PalOmar Range. Other .pOtential, corridors pose· serioUs'barriers-to the moVement"of mountain lions~ according to=Dr.. Paul.Beier, who is : ' conducting the Orange CoUnty Mountain Lion Survey" ".':. .. on behalf of the University. Of 'California. and "the ' · Depa.rtment. '0f Fish'~nd] Game. . .. ] . ". "' · "' ' i ' ' ' '" ' .... ' " ' -" · "' 'NO~' Only.iS the Pechanga Creek wildl~fe .. " corridor. important for mountain lions~'other wildlife .and .plant species benefit from· -..-r uninterrupted Corridors that link 'popUlatiOns, .. preventing inbreedin'g and other disasters that may cause species extinction'inthe long run. ~ · · From "a Pianning standpoint, it is important "" topreserve the corridor now, in 'order to.maintain the movements of mountain'lions.and other species, as well as to prevent development projects from ' running into conflicts with wildlife. For- example,.tf the. Pechanga Creek corridor is ... foreclosed to mOuntain'lion movements by.the Acacia Homes Development, the U.S. Fish and Wildlife Service may conclude that the. Santa Ana Mountains population of mountain lions should be .. listed as an endangered species as there are'no viable aiternatives =for proteqting the .population. Listing would ~mpede other development projects in the region that would have.to comply with the strict provisions of the federal Endangered ' Species Act. Another potential problem is human and pet conflicts' with mountain lions .- if .. . planned correctly, the Acacia Homes Development. can encourage mountain lion' movements while ~""'~ · discouraging'interactions between pets and humans.. """~ Planning for-the wildrife. corridor is importan~ "' .-. from the outset. ', : · Indeed, since the' Temecula area has been -. experiencing growth, some 'habitat for the mountain '.: lion has been degraded along.the Pechanga Creek. watershed. Dr. Paul Beier has recommended taking steps to enhance the wildlife corridor (through planting of native shrubs, reducing lighting of the corridor while enhancing lighting in residential areas, restricting dogs, etc.) in order to increase the chances for' mountain lions :.. -to move effectively between"the Palemar Range and the Santa Ana Mountai~s. Certainly,.these provisions for enhancing the wildlife corridor must be. included in any development proposal like --. . the Acacia Homes Development. ~ :. .'.~-' '( · · ":""' ' ' ""' ""' ' .' "' · ' · · · 'l . AlSo, since mOUntain°lions'are secretive and:' 'generally=.shy animalS, the'..Wi!dlife corridor .could .-be used foropen.'space and.recreational.'purposes · (.hiking, biking,~nature study~ horSe-back riding,' · etc.) by"the residents,'.as-long as precautions are '.taken to reduce the chances of conflicts. 'Proper planning 'now'can'reduce.thesepotential conflicts · and ensure that. the wildlife co~ridoris an asset' "to the Community...~ . .' .= ."' we :have recomm 'naed. 'that. the' city 'of Temecula,.during the. General Plan process', engage ~in-a Coordinated Resource Management Plan process (CRKP)' with other state and federal agencies, including.county land-use agencies,.the U.S. Forest'SerVice, the;Department of Fish and' Game., and. U.S. Fish and Wildlife. Service.. ThrOugh the CRMP process, all retavent government agencies will be involved~.and.the'City'of Temecula will be able to coordinate activities so that.the 'full wildlife. corridor can be protected throughout'its' length instead of.on a piece-meal.basis. .Experts like Dr."Paul Beie~ and. other interested-.. organizations, like the National Audubon Society; Sierra Club, Nature Conservancy,.and the Mountain Lion Foundation,' can' als0 be involved in the CRMP' process. Dr. Beier's report "Determining Minimum Habitat Areas.and Habitat Corridors for Cougars" (copy enclosed).-provides much information on how to address the size and limits of the wildlife corridor.. Beier notes that, based on his computer model, "if as few as 1-4 animals per decade could immigrate into a small population,-the probability of population persistence..increased markedly. Thus a corridor for immigration would benefit a' 'small population in .an area. where further loss of habitat will occur." .(.from Page 1, Abstract). Thus. only minimal'use by mountain lions is needed' for the corridor to prove viable for protecting the Santa Ana Mountains'population from extinction.. In conclusion, we urge the Planning · .Commission to: .. (1). Delay approval of the Acacia Homes Development.until4~he General Plan'for the City of Temecula is approved~ (2) Use ehe General Plan process to provide long-term protection to the PBchanga Creek wildlife corridgr,--w!th,partic.,ula.r emphasis on maintaining· and ~nhanCi~g =th~ corridor mountain lions. while discouraging? conf.l. icts f. or the surrounding develop~'d' areas ~ ' ' ' - .-' . '(3)':Work with. other' state, federal 'and nonprofit conservation agencies .to coordinate efforts tO protect the mountain .!'ions .and the Pechanga Creek' wildli.fe corridor .'fn perpetuity for use by. '.' ".(4)'consult with= D~, 'Paul Beier .and other mountain lion and w~ldI'tfe experts on'the most viable'means-to enhance.the Pech.anga .Creek' Wildlife corridor for use. by mountain lions and other wildlife~..and .. - (.5) Keep.the'Mountain'Lion FoundatiOn informed of ~our act'ions on 'the Acacia Ho.mes Development and the.. PeChanga Creek' wildlife · .corridor .' .Should the Planning "Commissi~'n .wksh to. .proceed with the Acacia-HomeS·Development at this time, .the Mountain Lion Foundation feels that a complete Environmental' Impact..Report (EIR)..Under the provisions of the California.Environmental Quality. Act is legally.required. Please send us all. appropriate CEQA documents. for the Acacia Homes Development at this time, and please include us on your list of interested parties to recieve 'future notices and CEQA documents for review. Thank you for your consideration of our view~ and concerns. We would be happy'to work with the City of Temecula to'seek protection for the Pechanga Creek wildlife corridor,'mountain lions, and other wildlife. -... Sincerely'yours','. Mark J.. Palmer~ Conservation Director/CEO ENCLOSURES BOAI~ OF'DIR, ECTOILS RalgOi Jos~l:)h Hurwitz v~ ~t Sco~ ~n~y T~ I~ Byr~s ~n D~ Ste~ ~ A~ M~ S~ John T~ ' S~on ~ T~I~ M~t ~ ~t E~ EXECUTIVE DI~CTO~ M~ J. ~r C~~ ANon Prom Mr..john .Meyer '. 20," i99a City. Of Temecula '.," . - : "..' · - 43i74 BuSinesi Park' Dr: ". ""' "" "' Temecula, CA. 92590 : '... ' · Deer. ~r:' Meyer: " The Mountain Lion PottEdat'ion is. deeply · -concerned about the futtzre of the' mountain~ lion in california. In particular, .~e have been active in seeking protection. for habitat f-or mountain lions · and other .wildlife. '..-' .. The' Mountain LiOn Fo~nd~ti0n 'was a major' sponsor .of Proposition 117 ('"The Mountain Lion Initiative")',. passed by California voters in June 1990. PrQposition 1~'7 prohibits· trophy hunting of. mountain lions and provides $30 million annually for the next 30 years for habitat acquisition and enhancement. The Mountain Lion Foundation further author~d the Petition to list the Santa Ana Mountains population of mountain lions as endangered under the provisions of the federal.Endangered Species -Act. A copy of the petition ~s enclosed'.for your information. AlSo'enclosed .is a copy of. our guide for local land-use managers: Preserving Cougar Country. We understand .that the City of Temecula .is · involved in developing a new General Plan. Dr. Paul Beier, conducting the' Orange County Mountain Lion Survey for the University of California and the state Department. of Fish and Game, has identified Temecula Creek as an impo. rtant wildlife corridor that can Serve' allow movement of mountain lions between .the'Santa Ana Mountains and the Palomar Range. Without thi~' habitat· link, the Santa A~a .Moun.tains population would be isolated and' expected to' die'out due"~o i.nbreeding.'and re~ated., populatiOn dete'~ioration over time.~ .'..-. = Theref0rej'the Mountain Lion: Foundation:UrgeS ~heCity of Temecula to include protections for. 'this wildlife-corridor.in 'the city General Plan. MovementS' for 'mountain'lions .and other wildlife must· be pianned.in advance, .bOth. the protect and prese.r~e our. Wi~dli'fe heritage and to minimize .the conflict between'devel0pm~nt and wildlife needs·. ... .. '.. -.":..~..-...~.-..·......--' .. .-. 'Please add the Mountain .Lion· FoundatiOn to- your'list of interested parties.who receive notices of..the process and drafts of. the General. Plan.- We are interested in. helping ProteCt the corridor-for·the long term. "'-. : As protection of the.mountainli6n involves- other jurisdictions.'besides 'the City o'f .Temecula (e.g. county property,' National ForeSt lands,' and federal and state. wildlife.agencies),.may we " suggest the. city.take this oppOrtunity to engage .. in a Coordinated ·Resource Management Plan process' (CRMP). with appropriate'State'and.federal.. agencies? This process allows for coordinatian"to. address resource. issues, like wildlife preservation, and will help spread the·burden of planning and responsibility among several' government agencies instead of solety the City of .Temecula. .. ---. Thank ygu for your consideration of our. comments. Sincerely yours,.·, Mark J. Palmer, ". Conservation Director/CEO ENCLOSURES · ' ' August 7, 1992 RECEIVED ,John Meyer, Senior Planner 'An {.UG 1 l) 1~'~ City Of Temecula k1~i222222: .... 43174 Business Park Dr. · Temecula, CA 92590 RE: General Plan preparation Dear Mr. Meyer: Thank you for this opportunity to make additional comments on the preparation of Temecula's new General Plan. Our grassroots citizens group of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and its surrounding ecosystem. We urge you to incorporate provisions for wildlife movement corridors into the General Plan. Such early attention will undoubtedly avoid serious conflicts later on, such as the current California Dept. of Fish and Game lawsuit against the City of Anaheim over mountain lion corridors in Coal Canyon. Wildlife corridor planning should be done after consultation with expert biologists and focus on 'habitat linkages" rather than narrow corridors. In this way, we will preserve the viability of the natural world which the public cherishes while also siting appropriate development. Areas of particular concern at this' time include Temecula Creek and Pechanga Creek, and we urge specific protection of these riparian corridors in the General Plan· Thank you very much for consideration of these additional comments. With best regards, Dan Silver, MD President Mailing address: 1422 N. Sweetzer Ave., tff401 Los Angeles, CA 90069-1528 PRESERVE OUR PLATEAU Mr. Saied Naaseh, Associate Planner City of Temecula 43174 Business Park Dr. Temecula, CA 92590 August 7, 1992 RECEIVED AUG 10 1992 A='d. ....... RE: Acacia Homes proposed development Dear Mr. Naaseh: Our grassroots citizens group of several hundred members is. dedicated to the preservation of the Santa Rosa Plateau and the surrounding ecosystem. We believe that potential adverse impacts to the Pechanga Creek wildlife movement corridor from this proposed project are significant and require preparation of an Environmental Impact Report. For example, adverse effects on mountain lion populations would be of major significnace. Furthermore, proceSsing of this application should wait until the adoption of a General Plan in which these larger environmental constraints are considered. We urge you to require protection for the Pechanga Creek habitat linkage and for other such critical areas. Please include this letter in the administrative record and .put us on the. mailing list for hearing notification and public documents under CEQA. Thank you very much. Sincerely, Dan Silver, MD President Mailing address: 1422 N. Sweetzer Ave., #401 Los Angeles, CA 90069-1528 PRESERVE OUR PLATEAU August 25, 1992 RECEIVED AUe 2 8/992 bs L ........... Mr. Saied Naaseh, Associate Planner City of Temecula 43174 Business Park Dr. Temecula, CA 92590 RE: Acacia Homes proposed development (Tentative Tract Map No. 25277, Change of Zone No. 5724, public hearing Sept. 21) Dear Mr. Naaseh: Our grassroots citizens group of several hundred members is dedicated to the preservation of the Santa Rosa Plateau and the surrounding ecosystem. We have reviewed the Initial Environmental Study and Environmental Determination for Acacia Homes and find them legally deficient in several aspects. As you know, the California Environmental Quality Act requires that if there are potentially significant impacts, an environmental impact report must be prepared. While you state that these potential impacts exist in many areas, it is erroneously concluded that they would be mitigated to insignificance by the findings in the attached Inihal Environmental Study. Our comments are as follows: 1) No threshholds or standards are established for findings of insignificance. For example, what scientific standards did you. use to conclude that impacts to the Pechanga Creek' wildlife corridor will be insignificant? (5.d.) What threshholds for siltation, erosion, etc. were used to determine that impacts to Pechanga Creek would be insignificant? (1 .f., 1 .g.) 2) There is no reasoned analysis to support conclusions made. For example. in 1 .f., watershed impacts are noted, but the conclusory statement that these impacts are not significant 'since drainage facilities will dNert storm water into Pechanga Creek and ultimately into the Santa Margarita River is circular: It is the impacts of these flood alterations on the creek and the river which are the very object of our concern. In 1 .g., it is noted that part of the creek bed will be filled. These multiple impacts are not adequately addressed by referring to only 100 year flooding capacity. In 3.b., the statement that increased runoff will be insignificant due to the fact that the creek "will be able to carry the storm water is conclusory and not backed up by evidence. What about scouring, impacts to vegetation, and downstream impacts? ....... In 3.e., the statement that water pollution impacts will be insignificant due to future permitting by the state or federal government does not ensure. that impacts are reduced to insignificance, but only that;conditions of a particular permit are to be met. According to CEQA, these measures need to be stated in advance, not deferred. 3) An adequate analysis of watershed mitigation alternatives was not undertaken. Alternative watershed management, such as detention basins and dry wells, was not considered. These measures must be considered in order to reduce the impacts of direct stream discharge from increased impervious surface run-off and altered flow patterns. 4) Cumulative regional impacts on the watershed from increased flow velocities, runoff, erosion, etc. were not even considered let alone mitigated. It is the incremental effects of numerous small projects such as Acacia which cause significant long-term impacts to the Santa Margarita River system. These cumulative impacts must be adequately disclosed and mitigated. The current document does not provide decision-makers with adequate information and short-changes the public interest. We again ask that a full Environmental Impact Report be prepared to address these serious legal deficiencies or that further and sufficient analysis be undertaken in a new mitigated negative declaration. The most important lesson of the Acacia experience is that only a comprehensive wildlife corridor and watershed management plan encompassing all past, current, and future development will successfully address cumulative impacts and preserve the vital public resources of the Santa Margarita River system. We would be happy to work with you' to resolve these issues. particularly in the context of the new General Plan. Sincerely, Dan Silver, MD Pres!dent Mailing address: 1422 N. 'Sweetzer Ave., #401 Los Angeles, CA 90069-1528 CC: City Council John Meyer, Senior Planner Friends of the Santa Margarita River P.O. Box 923 Fallbrook, CA 92088 August 31, 1992 RECEi VED Mr. Saied Naaseh City of Temecula Planning Deparm~ent 43174 Business Park Drive Temecula CA 92590 R.c~ Acacia Homes Review of Initial Study for Negative Declaration for Tentative Tract map # 25277 and Change of Zone # 5724. Dear Mr. Naaseh: The Friends of the Santa Margarita River is an organization of several hundred people dedicated to protecting and preserving the natural riparian' environment of the Santa Margarita River and its tributaries A~cr a ~cr~ careful rc~'lcx~ of the above docuntcnl wc find we ~lust disagree with its conclusion, titat a ncgat,vc dcclaranon ~s sufficient for this project. attd advise that a complete E.I.R. bc undertaken Although the scope of this project may sccm small thc impact of the cumulative effect of all possible projects along the tributaries of the Santa Margarita is far from insignificant. Hastonca!l~ the Santa Margarita was a year round rarer supporting an indigenous population of stcclhcad. Increased use of the underground aquifcrs and imported water have significantly degraded this last free flowing river in southern California and fish populations are virtually nonexistent Although there is no way that this river can bc restored to its pristine historical condamon the dcx'elopcr and the C~ty of Tcmccula havca responsibility to those downstream to protect thcsc waters from further dcgradation and whcncver possible improve the quality of waters d~schargcd ~nto the Santa Margarfia and its tributaries I f - "Clut~tgc.~ tn .~tltutt~.t. dc/n~.~ttlott tDIcl cr~,.~tt~fi .~/,c't' !he site will be covered with t'o~tc'rclc. ttV,Jlttll and [~lll~Z~Cllllltlg .. Iht.~' tltq){IC'! IS fi~ll coa.vtdcred slgn~icant since drainage htc'tltttc.~ .'Ill dtrct't the st~r.t water itltt} i'ct'htt..~a ('rcck a.ti tdttmatcly to the ~nta Margarita Hlvt'r " Hox~ much additional storm ~ atcr run off xx dl bc generated through paving how many acres with asphalt and concrete? Hoxv much add~nonal water added to irrigate landscape plants? What is the quaht.~ of titis x~aler'~ The TDS. tl~c amount of added Phosphate and Nitrate fertilizers and pest~c~dcs'~ None of Ihcsc ~sst,cs h:tvc bccn quantified ...... Lg. - "The project will cause modification of the Pechanga Creek by~lling the creek bed... No significant impacts are anticipated since the creek will still be able to carry the 100 year flood." 3. b. - "...the creek will be able to carry the storm water... Although Pechanga Creek may be able to handle 100 year floods at this time how well will it handle 100 year floods after this and other possible projects of this type are allowed to increase the rainfall runoff?. It is also important to look downstream. Historically the waters converging at Temecula Gorge backed up, creating cattail marshes along both sides of Tcmecula and Murvicta Creeks. Urban development with its houses, concrete and asphalt paving in the Santa Margarita watershed has increased rainfall rimoff many times over, now even .relatively minor storms create flooding problems. According to the Riverside County Flood Control District. as stated at a recent meeting with the Temecula City Council, the Temecula Gorge will not accept 100 year floodwaters and flood water will back up on both Temecula and MulTieta Creeks. They state that it will require significant alteration (blasting) to relieve this congestion. This winter's storms (a ten year event) created problems in many areas. What degree of flooding can the channel accept at this time? Western creek and river beds have evolved to handle large inundations, water meanders, changing course and slowing as it encounters native patches of vegetation. Projects of this type which fill in, straighten and narrow any portion of a historic stream channel decrease the soil surface available to absorb runoff, and hurry. the water to the river where it piles up behind the Temecula Gorge. Recently the City of Temecula along with Union for River Gi'eenbelt Environment (U.R.G.E.) was awarded an urban streams $50,000 grant to promote a river greenbelt through the City of Temecula To allow projects such as the Acacia Homes to channelize "insignificant" portions of the tnbutar, creeks is directly in opposition to the stated purpose of this grant which is to beautify and promote public uses of Tcmccula's river corridors. Continued acceptance of projects of this 133>e x~ ill chminatc an.v possibility of avoiding a concrete channel through Oldtown. The City of Temecula should allow no changes to the historic banks of the Santa Margarita and its tributaries, including Pechanga Creek, before a comprehensive plan for the Santa Margarita t~ atershed is prepared. 3 e - ~Runoffpallutants will be .typical of those ofurbanized areas... and will be mitigated by the clcarance issued b)' the State Water Rel'ources Control Board." This clearance will insure ct~mphance with NPDF~" . · What arc these conditions9 According to thc E.P.A. urban runoff, with its increased phosphates and rotrates. has resulted in a 60% algae groxxlh on the surface and bottom ofthe Santa Margarita R,vcr and significant degradation of the cstuar:,.' at Camp Pcndlcton, a condition the.v feel is unacceptable for the manx' rare and cndangcred species that rely on these waters. The developer and the C,ty of Tcmecula should not defer responsibility to state and federal agencies whose mabdit.x to sufficiently review all projects has allowed the quality of the river and its estuary to d~'gradc to their present conditions 5 a "Will the t~ropasal resttit m changes m dtverst.ty of species or number of native species..." The answer "Maybe" is applied only to the project area and does not address the effects of cumulative ahcrcd water qualit.x' on dox~nstream species. .... IV - I "Does the project have the potential to degrade the quality of the environment?".. Yes. Without specific plans to catch and treat "first flush" pollutants, and retention basins to allow for pereolation of increased water runoff, it appears this project will significantly degrade the environment. Plans to deal with these problems should be undertaken at this time or a complete E.I.R. should be prepared detailing procedures to be taken to mitigate these problems. Although the conditions created by this project my seem insignificant, each new "insignificant" project adds to the cumulative total of decreased water recharge, increased runoff and increased pollution. It is the legal responsibility of the City of Temeeula to protea the quality of the water discharged into the river for those downstream users, which inchdes the community of Fallbrook · as well as the U.S. Marine base at Camp Pendleton. This application for tract approval and a negative declaration relies upon the State and Federal agencies and the Rancho Water District for their approvals on admitted environmental concerns, but does not supply these agencies with the data that supports their conclusions that these impacts arc insignificant. It is the responsibility of the developer to quantify these concerns and prove that they are in fact "insignificant." It should be the concern of the City of Temecula to address these concerns thoroughly since the citv is legally responsible to downstream users for the quality and quantity of the water. 7. "Substantial light and glare is not anticipated in the back yards... " This has nothing to do directh' with x~ater concerns, however, it is paramount to the continued usefulness of the planned wildlife corridor. is there a CC&R regulating light sources within this development? !f not, ox~,ers concerned about perceived dangerous wildlife are free to install x~'fldhfc d,srupting light sources in their back yards. Friends of the Santa Margarita River firmly believes that historic Pechanga Creek must be protected. By insuring no change in its historic banks, first flush pollution containment and on site water detention this can be achieved without significant sustained economic effect on the growth and development of the City of Temecula. Wc ~vould be happy to work with the City of Temecula and the propOnents of Acacia Homes, or any other project, on issues that effect the Santa Margarita River ~-atershed. S~nccrcl,,,', I Nanc,, H Backstrand President 714/677-7341 Rainbow Canyon Village Homeowners Association P.O. Box 1675 Temecula, CA 92593 TO: FROM: SUBJECT: DATE: Saied Naaseh City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Rainbow Canyon Village Homeowners Association ZONE CHANGE ACACIA PROJECT August 31, 1992 The mitigation measures described with the initial environmental study will not mitigate potentially significant impacts to a level of insignificance. Page 13 states a traffic signal at Pala Road and Via Gilberto will handle the traffic problem. Let me tell you Rainbow Canyon Villager is at the bottom of the ladder and will receive the full impact of the 960 trips per day this project will generate when trying to turn on to Pala Road. Gridlock and traffic hazards will increase at Rainbow Canyon Road and all other intersections on to Pala, when this project is complete. · · · · · Lack of a new bridge over Temecula Creek Lack of fire protection near 79S Lack of a traffic light at Rainbow and Pala Lack of a traffic impact for the proposed Pechanga Indian gaming house on Pala Lack of a traffic impact for the proposed water park on Rainbow Canyon Road Because of the above, all zone requests and others in this area should be denied until corrected. Sincerely, Eric Brown President - Rainbow Canyon Homeowners Association RECEIVED AUG 1 1992 CITY OF TEMECULA ATTACHMENT NO. 7 WHAT TO DO IF YOU ENCOUNTER A MOUNTAIN LION S%STAFFRPT~5724C2 PC 17. 1992 61 IF AN 'ENCOUNTER OCCURS, HERE ARE SOME TIPS: DON'T RUN! Don't crouch down; the lion has seen you long before you saw it. Hold your ground, wave your hands, shout! If the lion behaves aggressively, throw stones. Convince the lion that you are not prey and that you may be dangerous yourself. If you have little children with you, pick them up. Do all you can to appear larger. Report any mountain lion sightings, IN DETArI,, to the City of Temecula Community Services Departmere as soon as possible. S~PLANNING'~MOUNTA[N .ION ATTACHMENT NO. 8 OAK TREE INFORMATION b'~STAFFRPi~S724CZ.PC Reread keeee;'lx,r 17. 62 If you're lucky enough-to have a big oak tree How many custom houses have been designed to feature· anti; oak, only to have the tree dic a few years later? And bow many developments named for a stand of oaks have any (or more than a small handful) of the original trees remaining? Here are some facts of lift about coexisting with nativ~ oaks. (For more on keeping native oaks healthy, see page 190.} Oaks are highly adaptable. An acorn may take root on a dry hillside, next to a creek, in a lawn, or in a desert. Individual uses adapt to specific conditions. But once they adapt, survive, and mature, their environmental tolerances become increasingly narrow. Dry-season irrigation of · tree that's become ·ccus- tomed to a century of dry summers can actually cause iu death. If yore mutl chatage soil Itvtl aro~mt ms ~k. sat reta:niag ~113 to mimmtzt :~! mo~ment a~ preseN or:~Ml grade root song, the grade is altered. Excavation potentially destroys or damages toots; adding soil reduces the mount of air circu- !ating in the soil and m promote root-destroying fungus. There is no guarantee that you can add fill around an oak without killing the tree. But if you must, take the following steps. First, at existing soil level, remove grass, leaves, and other material that may form an air-and-water barrier. To aid air circulation. use 4-inch-diameter plastic drainage pipes on the original soil surface. Set them so they radiate out from the trunk, then rising to the new soil level near the tree's drip line, Use only porous topsoil as fill around trees, and be sure it slopes away from the trunk Ta, enclaiag. The need for this familiar construction process is often taken for granted. But under an oafs canopy, it can destroy a major portion of the tr~'s roots. The best alternative to trenching is to bore through the soil. (Boring will contact and damage some roots--but fewer than trenching will.) Then install a conduit pip· iarp enough for all services--water, electricity, whatever. ir boring is not possible, dig only one trench and use · single conduit for all services. (!t's not uncommon for each contractor to dig his .own trench, multiplying the damage to the tree.) r~htg. Covering the soil with any no·porous material blocks the circulation of air and water. Instead, pave with brick on a bed of sand, You can also cover the area with rock, gravel, or mulch. Any material that allows movement of air and water into the soil is acceptable* DecIcing. Use large beams and few support piers to minimize digging. In situations where there will be a lot of foot traffic around the root sonc, it's better to install an appropriately constructed deck than to do nothing. The decking keeps soii- compacting footsteps off the root gone. n Keep in mind that native oaks die slowly. It might take a decade or longer for an old trcc to dic after enduring construction · round its bast. A success story based on one troe's survival for live years or so doesn't prove much. The most vulnerable parts of a mature oak are the root gone and. the bag of the trunk. A native oak develops · deep taproot early in iu life; later, the most important roots are relatively shallow, within the top 3 feet of soil Figure that an oafs roou extend m le~t ~ yards beyond the outermost edge of the tree's foliage. Ideally, you should keep this entire area free of disturbance. This means no grading, digging. trenchrag, paving, landscaping, ot summer irngatioo; no construction equipment near, not even much foot truffY, If you compromise. assume that the tree's long-term survival is at some risk. But you can still prcserv~ the rom-sone area in as natural a condition as possible. Keep ground disturbancu to · minimum, and keep them as far from the trunk as you can. Precautions to lake when you Iralid armrod · ·alive oak A mature trvc is adapted to a specific balance of moisture, air. soil tcmlxraturc. and nutrients. A change in any one factor can upset the balance and cause the tree to decline or even dic. There ts rio one general rule. The age, size, species, location, and health of the individual tree all figure in that trgg's ability to tolerate change,. Here are some of the oommonest oonstruction-related chal- lenges to nativ~ oaks, and some way% to sin/size the damage. (~rade e~nges. Any time you add or remove soil from an oafs ATTACHMENT NO. 7 DEVELOPMENT FEE CHECKLIST S~.STAFFRPT',5724CZ4 CC 20 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TENTATIVE TRACT MAP NO. 25277, AMENDMENT NO. 4 The following fees were reviewed by Staff relative to their applicability: to this project. Fee Habitst Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 17.D. Condition No. I 1 Condition No. 89 Condition No. 53 Condition No. 20 Condition No. 9 Condition No. 83 SLSTAFFRPT~,5724C, Z4 CC 2 1 ITEM NO. 15 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning November 10, 1992 Appeal No. 27, Applicant's Appeal of Planning Commission Decision denying Public Use Permit No. 5 - New Community Lutheran Church RECOMMENDATION: It is requested that the City Council: Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 27, UPHOLDING PLANNING COMMISSION'S DECISION TO DENY PUBLIC USE PERMIT NO. 5 TO' ALLOW CONSTRUCTION OF A CHURCH LOCATED ON THE SOUTHEAST CORNER OF YNEZ ROAD AND SANTIAGO ROAD. BACKGROUND On September 21, 1992 the Planning Commission considered Public Use Permit No. 5. At that meeting, several people spoke in opposition to the project, most of whom live in the immediate vicinity of the project or within the Los Ranchitos development. Their concerns included increased traffic, light and noise, incompatibility of the church with the surrounding single family dwellings, the number of existing churches in the neighborhood, on street. parking by church users and the inappropriateness' of a church within a low density residential area. Commissioner Chiniaeff felt the Los Ranchitos neighborhood is already heavily impacted by churches and the placement of another church and associated school would be a big burden on the community. Commissioner Blair felt the church representatives have cooperated in addressing the issues. While Commissioner Ford did not have a problem with the church being located in this area, he did express a concern relative to traffic impacts to Vallejo. Commissioner Ford made a motion to refer Public Use Permit No. 5 back to staff to prepare a study of the direct traffic impacts to Vallejo, as well as parking, and ingress and egress for the site. This motion for continuance failed to pass with a 2-3 vote with Commissioners Fahey, Hoagland, and Chiniaeff voting against the continuance. S~STAFFRPT~27AIt~f~AL.CC ~-~r)_m_iSsioner Chiniaeff expressed concerns about the concentration of churches in the project area and the impacts that have resulted on the neighborhood. Commissioner Chiniaeff felt the proposed church is not compatible with the surrounding Single Family Dwellings and churches need to be disbursed throughout the City to reduce.' the impacts to a single neighborhood. The impacts he identified included increased traffic, noise, and light. Commissioners Hoagland and Fahey agreed with Commissioner Chiniaeff's comments and concluded that the proposed project is not compatible with the surrounding low density residential development. Furthermore, Commissioner Fahey added that the proposed block walls around the project are not compatible with the character of the area. A new motion by Commissioner Hoagland to deny the project was seconded by Commissioner Chiniaeff and this motion was passed and adopted by a 3-2 vote with Commissioner Fahey voting in favor and Commissioners Ford and Blair voting against the denial. FISCAL IMPACT None Attachments: 2. 3. 4. 5. 6. Resolution No. 92- - page 3 Planning COmmission Denial Resolution '(October 19, 1992) - page 7 Planning Commission Minutes~ September 21, 1992 - page 8 Planning Commission Staff Report, September 2-1, 1992 - page 9 Correspondence - page 10 Fee Checklist - page 11 S~.STAFFRFT~27APPf. ALCC 2 ATTACHMENT NO.-1 RESOLUTION NO. 92- S~STAFFRPT~TAPrcAL. CC 3 ATTACHMENT NO. 1 RESOLUTION NO. 9'2- A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF TEMECULA DENYING APPEAL NO. 27, UPHOLDING PLANNING COMMIRSION'S DECISION TO DENY PUBLIC USE PERMIT NO..5 TO ALLOW CONSTRUCTION OF A CHURCH LOCATED ON THE SOUT!~AST CORNER OF YN~Z ROAD AND SANTIAGO ROAD. VvrFIEREAS, The New Community Lutheran Church fried Appeal No. 27 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Appeal apph'ca~on was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council conducted' a public hearing pertaining to said Appeal on November 10, 1992, at which time interested persons had opportunity to testify either in support or opposition to .said Appeal; and - WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; NOW, THEREFORE, ~ CITY COUNCIL OF THE CITY OF TEM CULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months foH0wing 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 genera] 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 projects and taking other actions, including the issuance of building permits, each of the following: S%STAFFRPT~?APPE~LCC 4 ----.__. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to'the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding ~n a timely fashion with the preparation of its General Plan. Ce to wit: The City Council in denying the Appeal, makes the following additional findings, 1. Under the circumstances of this particular case, the proposed project will be detrimental to the health, safety and general weftare of the community because: a. The proposed project is not the proper use for the area because it will negatively impact traffic in the area. b. The proposed projea is not compatible with the surrounding single family dwellings because the pwposed mitigation measures will not reduce the visual and noise impacts of the development. c. The p.roposed project will result in negative impacts due to the number of churches/public uses in the immediate area. 2. The proposed project is net consistent with SWAP since the underlying zone that is consistent with SWAP does not allow churches with a Public Use Penit if they are detrimental to the health, safety or general weftare of the community. 3. The proposed pwject does not conform to the logical development of its proposed site, and is not compatible with the present and future development of the surrounding property. Section 2. Environmental Compliange. The City of Temecuh City Council he/'eby determines that Appeal No. 27 is a statutory exemption under CEQA pursuant to Section' 15270(a) of the CEQA guidelines. S~STAFF-RPT~27APPEAL.CC 5 .--~_,_ Seaion 3. PASSED, DENI~.n.~ ADOPTED this 10th day of November, 1992. PATRICIA H. BIRDSP-IJ- MAYOR I ItEREBY 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 10th day of November, 1992 by the following vote of the Council: AYES: COUNCILI~IEMB~ NOES: COUNCH,IVIEMBERS COUNCH/VIEMB~ H3NE S. GRKRK CITY CLERK S%STAFFRPT~TAPPrcAL'CC 6 ATTACHMENT NO. 2 PLANNING COMMISSION DENIAL RESOLUTION S%STAFt=RPT'~'7API:~'ALCC 7 RESOLUTION NO, 92- A RESOLUTION OF THE PLANNING COlVllVHsSION OF ~ CITY OF TEMECULA DENYING. PUBLIC USE PERMIT NO, 5 PROPOSING CONSTRUCTION OF A WORSRIP CENTER AND A SUNDAY SCHOOL LOCATe, r} AT THE SOUT!~,~~Y CORNER OF YNEZ ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 922-140010 WHEREAS, the New Community Lutheran Church filed Public Use Permit No. 5 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WIII~.REAS, said Public Use Permit application was processed in the time and manner prescribed by State and local law; Public testify WHEREAS, the Planning Commission conducted a public hearing pertaining to said Use Permit on September 21, 1992, at which time interested persons had opportunity to either in support or opposition to said Public Use Permit and; WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Public Use Permit; WHEREAS, at the conclusion of the Commission hearing and after having considered all information presented, the Planning Commission denied said Public Use Permit; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 'Section 1. Findin~,~. Thai the Temecula Planning Commission hereby makes the' following findings: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30--month period of time, the city is not subject to the requiremen*. 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 S%STAFFRPT%SPUP,PC 9 --~. .... 2. The planning agency finds, in approving projects and taking other actions; including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. Pursuant to Section .18.29(d), no public use permit may be granted unless the proposed use will not be detrimental to the health, safety and weftare of the community. a. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. D. ' The Planning CommisSion, in denying the proposed Public Use Permit makes the following findings, to wit: 1. Under the circumstances of this particular case, the proposed project will be detrimental to the health, safety and general welfare of the community because: a. The proposed project .is not the proper use for the area because it will negatively impact traffic in the area. b. The proposed project is not compatible with the surrounding single family dwellings because the proposed mitigation measures will not reduce the visual and noise impacts of the development. SXSTAFFRPT\SPIJP.PC 10 ----. ..... c. The proposed project wffi result in negative impacts due to the number of churches/public uses in the immediate aw.a. 2. The proposed project is not consistent with SWAP since the underlying zone that is consistent with SWAP does not allow churches with a Public Use Permit if they are detrimental to the health, safety or general welfare of the community. 3. The proposed project does not conform to the logical development of its proposed site, and is not compatible with the present and future development of the surrounding property. Section 2. Environmental Compliance. Not Applicable. Section 3, Conditions, Not Applicable. Section 4. PASSED AND ADOPTED this 19th day of October, 1992. LINDA L. FAHEY CHAI]LMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Tetnecula at a regular meeting thereof, held on the 19th day of Oclober, 1992 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: G~Y~ORNttILL S~RET~Y S~STAFFRPT~+51:%IP.P(: ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES' S%STAFFRFT~TAPPEAL. CC 8 A~iNINQ COMMISSION MINUTES Soeci~c Plan 263 ITemecula ReD)opAl Canter) Ch~noe of 7one 5589. Environmental Imoact Report No..340 SEPTEMBER 21, 1992 Soeci~c Ran 255 (Winchester Hills) Chanoe of Zone 5532 Environmental Imoact Report No. 324 Tentative ParCel Man 25213 Vesting Tentative Tract MaD ~5~14 Vest)no Tentative Tract MaD 25215 Vestina Tentative Parcel Man .~53~1 Vestina Tentative Parcel Man ~5-q~ Ve~ting 'Tentative Parcel'MaD 25393 VestinQ Tentative Parcel MaD ~4324 Vestina Tentative Parcel MaD 25464 Gary Thornhill advised that the applicant has requested this item be moved off-calendar until November. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to continue off-calendar Specific Plan I (Campoe Verdes), Change of Zone 5617, Environmental Impact Report No. 348; Specific Plan 263 (Temecula Regional Center), Change of Zone 5589, Environmental Impact Report No..340; Specific Plan 255 (Winchester Hills), Change of Zone 5532, Environmental Impact Report No. 324; Tentative Parcel Map 25213; Vesting Tentative Tract Map 25214; Vesting Tentative Tract Map 25215; Vesting Tentative Parcel Map 25321; Vesting Tentative Parcel Map 25322; Vesting Tentative Parcel Map 25323; Vesting Tentative Parcel Map 24324; Vesting Tentative Parcel Map 25464. The motion carried as follows: - AYES: 5 COMMISSIONERS: Blair, Chiniaaff, Ford, Hoagland; Fahey NOES: 0 COMMISSIONERS: None 7. Public Use Permit No. 5 Request for approval of a church including a multi-purpose worship center building and a Sunday School building on 2.93 acres located on the southeast corner of Santiago Road and Ynaz Road. Saied Naaseh presented the staff report and advised that the correct name of the applicant is New Community Lutheran Church. PCME~9121192 -4- 9123/92 P~-ANNING COMMISSION MINUTES SEPTEMB;R 21, 1999 Chairman Fahey opened the public hearing at 6:55 P.M. Louis Todd, 30645 Southern Cross Road, Temecula, member of Newhope Lutheran Church and Chairman of the construction committee requested the Commissions support Of the request. Chris Winther, 50001 September Street, San Diego,' attorney for the applicant,. provided an overview of the CC&R's of the Los Ranchitos Homeowners Association. Tim Holt, The Holt Group, 275 N; Elsehoe, Temec'ula, architect for the project, gave an overview of the development. Vince DiDonato, Alhambra Group, 27412 Enterprise Circle West, Temecula, landscape architect for the project, provided an overview of the landscape design. The following individuals expressed .their opposition to 'the project: Don Rohrabacher, 44281 Fiores Drive, Temecula Linda Campbell, 28750 Vallejo Avenue,-Temecula Nayree Davis, 28895 Vallejo Avenue, Temecula Jack Fox, 28921 Ynez Road, Temecula John Marshall, 43930 Floras Drive, Temecula Jim Meyler, 29930 Santiago Road, Temecula R. E. Neimeyer, 29962 Santiago Road, Temecula Bobbie Principe, 28960 Ynez Road, Temecula Paul Principe, 28960 Ynez Road, Temecula Mike Santoro, 30275 Jedediah Smith Road, Temecula Terri Gassen, 44501 Verde Drive, Temecula Bob Campbell, 28750 Vallejo Avenue, Temecula John Pepe, 28980 Vallejo Avenue, TemeCula Robert Burns, 30112 & 30110 Santiago 'Road, Temecula Barbara Ogle, 30052 Santiago Road, Temecula The following concerns were expressed: Traffic generated from development, inappropriateness of institutional facility in a rural neighborhood, noise and lighting pollution, bells and/or music generated by the bell tower, devaluation of property, inappropriateness of block walls and sidewalks in "country living" atmosphere, off-site parking problems and the number of churches already existing in this area. Louis Todd addressed the following issues: the 1967 CC&R's set aside Lot 86 with special conditions stating. that the use potential could be commercial; property is located on the corner of a proposed major intersection; parking requirements are conditioned in the staff report and Condition 29 states that there will be no on street parking on Santiago, Ynez or Vallejo; the traffic study reflects that there will be no PCMINII21/g2 -~, 0123~2 PLANNING COMMISSION MINUTES SEPTEMBER 21, 1992' significant traffic impacts on the area; lighting has been conditioned under '5, 34 and 35; devaluation of property values is a subjective issue, however, the applicant can present documentation which reflects that churches increase property values; block walls were conditioned by staff and there will be no bells or music from the bell tower.. Commissioner Chiniaeff stated he feels the Los Ranchitos neighborhood is already heavily impacted by churches and the school and the placement of another church would be a big burden on the community. Commissioner Blair stated she feels that the representatives of the proposed church have cooperated in addressing the issues expressed. Commissioner Ford stated he does not have a problem with the church in'this location, however he did express concern with traffic impacts to Vallejo. Commissioner Ford questioned the traffic being limited to Santiago. Robert Righetti advised that Ynez Road and Santiago Road will be conditioned for 88 + foot right-of-way to match the General Plan. He added that the sidewalk along Vallejo has been eliminated. It was moved by Commissioner Ford, seconded by Commissioner Blair to refer Public Use Permit No. 5 back to staff with direction to prepare a study of the direct traffic impacts to Vallejo, parking and ingress/egress for future Commission consideration. Commissioner Chiniaeff stated he feels the issue is one of land use compatibility. The motion carried as follows: AYES: 2 COMMISSIONERS: Blair, Ford NOES: 3 COMMISSIONERS: Chiniaeff, Fahey, Hoagland It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 8:25 P.M. and Adoot Negative Declaration for Public Use Permit No. 5 and direct staff to prepare a Resolution denying Public Use Permit No. 5, based on the following: the project would be in conflict with the future General Plan; the project may have a detrimental effect on the health, safety and general welfare of the community due to traffic, noise and light/glare affects; the proposed project is not compatible with the surrounding land use due to the requirement for block walls as a buffer for this use with the single family residences and the area is already impacted by a number of churches along Santiago Road. The motion carried as follows: AYES: 3 COMMISSIONERS: Chiniaeff, Fahey, Hoagland PCMIN9121192 -6- 9123/92 · RLA~NING COMMISSION MINUTES NOES: 2 COMMISSIONERS: Blair, Ford SEPTEMBER 21, 1992 Commissioner Ford stated he was not voting for or against the project, however he was voting against the denial because he feels that some of the issues could be mitigated and there were further studies for clarification required prior to making a ' decision based on the material that was provided. · ATTACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT S~STAFFRFT%27APPEAL.CC 9 RECOMMENDATION: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Septemlar 21, 1992 Case No.: Public Use Permit No. 5 Prepared By: Saied Naaseh ADOPT Negative Declaration for Public Use Permit N0. 5. ADOPT Resolution No. 92- approving Public Use Permit No. 5 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. New Community Lutheran Church The Holt Group A request for approval for development of a church including a multi-purpose Worship Center and a Sunday School building on 2.92 acres. Southeast corner of Santiago Road and.Ynez Road R-A-2 '~ (Residential Agriculture, 2 ½ acre minimum) North: South: East: West: R-A & R-A-2 ½ (Residential Agriculture, 2 ½ acre minimum) R-A-2 ½ (ReSidential Agriculture, 2 ½ acre minimum) R-A-2 ½ (Residential Agriculture, 2 ½ acre minimum) R-A-2 ½ (Residential Agriculture, 2 ½ acre minimum) N/A Vacant S~.STAFFIF~SPUP. PC --SUBROUNDING LAND USES: PROJECT STATISTICS . North: South: East: West: Single Family Dwellings Single Family Dwellings Single Family Dwellings Single Family Dwellings Area Calculations Area Name Area % of Total Building Worship Center- 5,599 Sunday School - 3,369 Covered walks and patios Walks and courts Parking area (asphalt) Open space and planters Total 8,968 square feet 7 % 7,613 square feet 6 % 7,123 square feet 6 % 41,087 square feet 32 % 53,699 square feet 4296 127,451 square feet 100% Parking Calculations Reouired Parkino Rate 1 parking space per 35 square feet of assembly area Reauired No. of Parkina Soaces Provided No. of Parking Soaces 65 65 I parking space per employee plus 1 parking space for every 5 children Total 87' -86 Note: The assembly area and the Sunday School are not used simultaneously. BACKGROUND This project is proposed on Parcel 2 of Tentative Parcel Map No. 27018 which was approved by the Planning Commission on August 5, 1991 (refer to Exhibit 'J" and Attachment No. 6). Future development will occur on Parcels I and 3 of Parcel Map No. 27018. In that meeting it was brought to the Planning Commission's attention that one of the parcels will be developed as a church. The Parcel Map received little opposition; however, the future church use had some supporters from the audience along with some opposition from the surrounding neighbors. It was the consensus of the Planning Commission that the parcel map was consistent with the zoning and the church will require further approvals and input from the I~iT~SPUP.pC 2 --Jxlb_qiC.' This project was submitted on March 23, 1992 and proposes a Worship Center arid a Sunday School building on parcel 2 as shown on Exhibit "E". Staff requested the applicant to show their .future plans for parcels I and 3 as shown on Exhibit "F" . However, these plans are conceptual and this project only contains the development proposed on parcel 2. Further approvals will be necessary for any development on parcels 1 and 3 or any additions to parcel 2. PROJECT DESCRIPTION The applicant is requesting approval for constructing a Worship Center and a Sunday School building on Parcel 2 of Tentative Parcel Map No. 27018. The 5,599 square foot Worship Center will be used for assembly area. The 3,369 square foot Sunday School will be used to house four pre-school classrooms with 15 students each, for a total of 60 students. According to the applicant, -the Sunday School and the assembly area will not be used simultaneously. The access to the site is limited to Santiago Road; access is restricted to Ynez Road as a condition of approval of the underlying map. A 20 foot landscaped structure setback is provided alcng Ynez Road and Santiago Road. Moreover, a five (5) foot landscaped parking lot setback is required along the property lines that abut residential zones. This setback is provided along the easterly property line and it increases to 10 feet along the southwesterly property line' and to 20 feet along the southerly property line. A six foot high block wall is proposed along the southerly property line to buffer the residence to the south. A four foot high, fifty-four foot long monument sign with forty-four square feet of area is proposed on the northwest corner of the property~ ANALYSIS Prooosed Project The proposed project is the first phase of a multi-phase development proposed by the New Community Lutheran Church. The first phase includes the Worship Center and Sunday School buildings and 86 parking spaces. The future phases may include a 500 seat sanctuary, a Christian. Preschool with 100 students, a Christian day school with Kindergarten through eighth grade plus related administration and storage space, 8 gymnasium and a total of 229 parking spaces including the 86 spaces in the first phase (refer to Exhibit "F"). Future Phases The applicant has indicated that the future phases may never be built; however, they have been included par staff's request for informational purposes. A landscape plan has also been prepared for this phase (refer to Exhibit "1"). The emphasis of these conceptual plans is on buffering the adjacent single-family uses with landscaping. Twenty to thirty foot landscaped areas separate the parking areas and the structures from the adjacent properties. Moreover, future recreation and future playground areas have been placed at the southern and eastern SISTAFFRPI~51NJP.PC 3 --erl(~of the project to further buffer the structures and the parking areas from the surrounding uses. Even though these play areas act as a 'buffer, they are a potential generator of noise. The combination of the landscaped buffering, block walls and barruing. will mitigate these impacts. The impact of the future phases on the. surrounding uses has not been assessed; however, in staff's opinion, it could potentially impact the single-family dwellings immediately adjacent to the site. Potential impacts associated with future phases will be assessed at the time of subsequent development submittal. ComDatili)ilitv with Surroundina nevelonment This church is proposed along Ynez Road which is designated as a four lane secondary with an 88 foot right-of-way and Santiago Road which is designated as an Arterial with a 110 foot right-of-way in the Riverside County General Plan Circulation Element. This location is appropriate for a church which, within residential areas, should be located along major roads and away from local .streets. Churches are traffic generators and should not be placed on local streets that are not designed to carry the increased traffic. Therefore, Staff feels the proposed project is an appropriate use of the site. This project is located on the boundary of the Los Ranchitos development and the residents have expressed concern regarding development of this project. Staff has met with the residents and has addressed their concerns regarding parking, traffic, light, visual, noise and removal of the Eucalyptus trees (refer to Attachment No. 5 and Condition Nos. 5, 20, 29,' 31, 33,34,35 and 36). The residents were concerned regarding potential parking along Ynez Road, Santiago Road and Vallejo Avenue. This concern has been addressed by prohibiting on street parking on these streets (refer to Condition No. 29). The traffic concerns have been addressed by requiring a traffic study. This study identifies a total of 330 daily peak hour trips on weekdays which will have minimal traffic impacts. The traffic study recommends half section improvements to Santiago Road and Ynez Road to City standards adjacent to the project· The proposed access will ultimately be restricted to right turn in/out only when Santiago Road is fully completed and when a secondary access is provided .to lot 3. The visual, light and noise impacts have been addressed by incorporating set backs, landscaping and walls into the project design, all the eucalyptus trees will be preserved on the site. The eight single-family dwellings abutting the site could particularly be impacted by this development (refer to Exhibit "D"). The two houses along Ynez Road and .the' house along Vallejo Avenue will not be impacted since no access is provided to these streets and the landscape buffer will be sufficient to buffer the visual and noise impacts. The three houses to the south, southeast and east of the property are set back sufficiently from the project boundary. In addition, the landscaped buffer and the six (6) foot high block wall provided within the project will be sufficient to reduce the visual and noise impacts. The perking lot light standards are limited to a total of 13 with twenty foot poles and sharp cut off features --tba_t eliminate light pollution to the adjacent properties from the perking lot. Therefore, the houses discussed will not be effected by the development of this project. The only two houses that will be directly affected by increased traffic generated by this project are located on Santiago Road, however, this impact will not be significant. The house to the west is close to the existing street and will be even closer when Santiago ROad is improved to its ultimate 110 foot right-of-way width. The other house is considerably further from the street and will be affected to a lesser degree than its neighbor to the west by the noise and visual impacts generated by this development. Parkinn The proposed development requires 87 perking spaces to met the standards of Ordinance No. 348. Eighty-six (86) parking spaces have been provided for the Worship Center and the Sunday School. The applicant has indicated that the assembly area and the Sunday School will not be used simultaneously and the Sunday School building will not be used as an assembly area; therefore, staff feels the number of perking spaces provided is sufficient for the project (refer to Condition No. 38). Future phases of this project will need to provide additional parking spaces (refer to Condition No. 32). Parking will not be allowed along Ynez Road, Santiago Road and Vallejo Avenue (refer to Condition No. 29). Sian~ The site plan shows two monument signs; one on the .northwest corner of the property and the other on the proposed access median. Ordinance No. 348 only allows one monument sign for each parcel; therefore, the sign on the access median has been eliminated (refer to Condition No. 30). The remaining monument sign replaces the existing Los Ranchitos sign which is now located in the public right-of-way. The proposed monument sign is four feet high and fifty-four feet long with a sign area of forty-four square feet. The location and the size of this sign is a part of this request; however, further approval will be necessary from the Planning Department for the sign copy. EXISTING ZONING, SWAP AND FUTURE GENERAL PLAN The proposed project meets all the requirements of the R-A zone. Churches require a Public Use Permit in all zones if the ,Planning Commission makes a Finding that the project will not be detrimental to the health, safety or general welfare of the community (refer to the Findings). The proposed project is consistent with the SWAP designation of 2.5 acre minimum residential. Since the underlying zone that is consistent with SWAP allows churches with a Public Use Permit, the project is consistent with SWAP. The proposed project is consistent with the future General Plan of Very Low Density Residential and all other elements of the General Plan. The future Development Code is expected to allow churches in residential districts with a Conditional Use Permit if it is not found to be detrimental to the health, safety or general welfare of the community. i~T~SN. JP. PC 5 *-ENYIR,_0NMENTAL 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. SUMMARY/CONCLUSIONS The proposed project meets all the requirements of Ordinance No. 348. The impacts on Single Family uses have been reduced since the landscape buffer and block walls have been incorporated into the project design· The church is a proper use of the site since it is located on a major intersection that will be able to carry the traffic generated from the project· FINDINGS -The 'proposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance No. 348. The proposed project is consistent with the future General Plan since it is not detrimental to the health, safety or general welfare of the community. The proposed project is consistent with SWAP since the underlying zone that is consistent with SWAP allows churches with a Public Use Permit if they are not detrimental to the health, safety or general welfare of the community. The proposed project is the proper use for the site since it is located on a major intersection which will be able to carry the traffic generated by the project. The proposed project is compatible with the surrounding single family dwellings since the landscape buffering and block walls will reduce the visual and noise impacts of the development· e The proposed project will not have a significant impact on the environment since all the impacts have been ~educed to a level of insignificant by the Conditions of'. Approval. STAFF RECOMMENDATION: ADOPT Negative Declaration for Public Use Permit No.' 5. ADOPT Resolution No. 92- epproving Public Use Permit No. 5 based' on .,the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. 6 --Att,.a,chments: 4. 5. 6. 7. Resolution No. 92- - blue page 8 Conditions of Approval - blue page 13 Exhibits - blue page 25 A. Vicinity Map B. Zoning C. SWAP D. Surrounding, Land Use E. Site Plan. F. Conceptual Future Phases Site Plan G. Elevations H. Landscape Plan I. Conceptual Future Phases Landscape Plan J. Tentative Parcel Map No. 27018 Initial-Study - blue page 26 -Correspondence - blue page 40 Minutes of the August 5, 1991 Planning Commission Meeting - blue page 41 Los Ranchitos CC&R's Information - blue page 42 II~TAFFRF~SPUP.F'C 7 ATTACHMENT NO; 1 RESOLUTION NO. 92-__ ISTAFFNe~51NP.pC 8 RESOLUTION NO. 92- A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECUIA APPROVING PUBLIC USE PERMIT NO. ~ ALLOWING CONSTRUCTION OF A WORSHIP CENTER AND A SUNDAY SCHOOL LOCATs~D AT THE SOUTHEASTERLY CORNER OF YNEZ ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 922-140-010 WtI!~F.,,~kS, the New Community Lutheran Church flied Public Use Permit No. 5 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Public Use Permit application was processed in the time and manner prescribed by State and local law; Public testify WHEREAS, the Planning Commission conducted a public hearing pertaining to said ' Use Permit on September 21, 1992, at which time interested persons had opportunity to either in support or opposition to said Public use Permit and; WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Public Use Permit; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Public Use Permit; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES ~LVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Plantring COmmission' bereby makes the following findings: A. Pursuant to Government Cede Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the $~STAFFIF~SI:UP.PC 9 ---__, . 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended .by the Southwest Area Community Plan, (hereinafter "SWAP') was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Public Use Permit is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The City is proceeding in a timely fashion with a preparation of the general plan. 2. The Planning Commission finds, in approving of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a. There is reasonable probability that Public Use Permit NO. 5 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposal is consistent with existing development in the vicinity. c. The proposed use or action complies with all other applicable requirements of state law and local ordinances. The project as conditioned, is consistent with Ordinance No. 348. 3. Pursuant to Section 18.30(c), no public use permit may be approved unless the following findings can be made:' s~sv,a~w,nu.u,.~: 10 ----- a. The proposed use must conform to all the General Plan · retirements and with all ~plicable requirements of state hw and City ordinance. b. The overall development of the land is designed for the protection · of the public health, safety and general welfare; conforms to the logical development of the land and is compatible. with the present and future logical development of the surrounding propcity. D. The Planning Commission, in approving of the proposed Public Use Permit makes the following findings, to wit: 1. The proposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance No. 348. 2. The proposed project is consistent with the future General Plan since it is not detrimental to the health, safety or general welfare of the community. 3. The proposed project is consistent with SWAP since the underlying zone that is consistent with SWAP allows churches with a Public Use Permit if they are not detrimental to the health, safety or general welfare of the community. 4. The proposed project is the proper use for the site.since it is located on a major intersection which will be able to .carry the traffic generated by the project. 5. The proposed project is compatible with the surrounding single family dwellings since the landscape buffering and block walls will reduce the visual and noise impacts of the development. .' 6. The proposed project will not have a significant impact on the environment since all the impacts have been reduced to a level of insignificant by the Conditions of Approval. E.: . As conditioned pursuant to Section 3, the Public Use Permit proposed conforms to the logical development of its proposed site, and is compatible with the present and future. development of the surrounding property. : " Section 2. F-nvironmental Compliance. A Negative Declaration has been prepared for ~s project. Section 3. Conditions. That the City of Temecula Planning Commission hereby approves Public Use Permit No. 5, a Resolution of the Planning COmmission of the City of Temecula appwving Public Use Pertnit No. 5, allowing construction and operation of a Worship Center and a Sunday School and known as Assessor's Parcel No. 922-140010 and subject to the following conditions: Attachment 2, attached hereto. -- -- .....Section 4..PASSED, M'PROVED AND ADOFff. D this 21st day of September, 1992. LIHDA FAHEY CHAIRMAN I HERERy CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 21st day of September, 1992 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY 12 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL 13 CITY OF TEMECULA CONDITIONS OF APPROVAL Public Use Permit No: 5 Project Description: A request for approval for development of a church including a multi-purpose Worship Center end a Sunday School building On 2.92 acres. Assessor's Parcel No.: 922-140-010 PLANNING DEPARTMENT The use hereby permitted by this Public Use Permit is for a Worship Center with 5,599 square feet for an assembly area and a Sunday School with four Pre-school classrooms .with 15 students each for a total of 60 students· The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory. agencies, appeal boards, or legislative body concerning Public Use Permit No. 5. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate .fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. e This approval shall be used within one (1) year of approval datei otherwise, it shall become null and void· By use is meant the beginning of substantial construction contemplated by this approval within the one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on- . The development of the premises shall conform substantiaily with that as shown on the site plan for Public Use Per.nit No. 5 marked Exhibit E,' or as amended by these conditions. e Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655· e The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. S~ST~.PC 14 -~Z. .....Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated July 1, 1992, a copy of which is attached. e Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated April 15, 1992, a copy of which is attached. m The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated July 9, 1992, a copy .of which is attached. 10. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated June 29, 1992, a copy of which is attached. 11. The applicant shall comply with the recommendations sat forth in the Rancho California Water District transmittal dated June 19, 1992, a copy of which is attached. 12. Prior to-the issuance of building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. The landscape plans shall be consistent with the approved conceptual landscape plans (Exhibit H). All ground mounted equipment, .trash enclosures, etc. shall be screened from view by landscaping. 13. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. 14. A minimum of 86 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No.-348. 86 perking ~paces shall be provided as'shown on the Approved Exhibit E. The parking area shell be surfaced with asphaltic concrete paving to a minimum depth of 3 inches On 4 inches of Class II base. 15. A minimum of 3 handicapped parking spaces shall be provided as shown on Exhibit E. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: S~.STAFFIF~SPUP.P(::: 15 "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or . by telephone In addition to the above requirements, the surface of each pe~king place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 16. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health Fire Department Eastern Municipal Water District Rancho Water District 17. Building elevations shall be in substantial conformance with that shown on Exhibit G. 18. Materials used in the construction of all buildings shall be in substantial conformanca with that shown on Exhibit K (Color Elevations) and Exhibit L (Materials Board). 19. 20. No roof-mounted equipment shall be permitted on any building Within the project site. Prior to the final building inspection approval by the Building and Safety Department, a six foot high decorative block wall shall be constructed on the easterly, southwesterly and southerly property lines of Parcel 2. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. 21. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. '. 663 by paying the fee required by that ordinance which is based on the gross acreage of the parcels proposed for development. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance'No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution· · 23. Six Class II bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. These racks shall be depicted on the landscape plans. 16 --2~.~ .Prior to the issuance of occupancy permits, performance bonds, in amounts to be determined by the Director of Building and Safety to guarantee the adequate maintenance of the Ranting for one year, shall be filed with the Department of Planning. 25. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 26. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 27. Should the developer be required to acquire off-site project interests, the developer shall make a good faith effort 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 for building permit, 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 payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the project. Security for 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. 28. 29. Within forty-eight (48) hours of the approval Of the project, the applicant/developer shall deliver to the Planning 'Department a cashiers check or money order payable to the County Clerk 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, in compliance with AB 3158, 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 applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711,4(c). "No Parking" signs shall be installed along Ynez Road,. Santiago Road and' Vallejo Avenue as approved by the Department of Public Works. 30. The only monument sign (location and structure only) included with this approval is located at the northwest corner of the property. Further approval will be necessary for the sign copy. The second monument sign located at the driveway entrance is not permitted by Ordinance No. 348 and shall be eliminated on the construction plans. All other signage will require further approval of the Planning Department. S~STAmWTW~.R: I 7 32. The future phases of this development on Parcels I and 3 of Parcel Map 27018 will require a 30 foot landscape buffer along the easterly, south eastedy property line of Parcel 3 with a six foot high decorative block wall and a 20 foot landscape buffer along the southerly and northerly property line of Parcel 3 with a six foot high decorative block wall on the southerly property line. This landscape buffer shall be 20 feet along the westerly property line of Parcel 2 and 30 feet along the southerly and eastedy property. line of Parcel 2 with a six foot high decorative block wall on the easterly property line. All future development on Parcel 2 or Parcels I and 3 will require further approval of the Planning Commission and will require additional perking spaces. 33. The Eucalyptus trees on the.site shall be preserved. 34. The parking lot lights shall be only located as specified on the site plan, shall only be 20 feet high and shall have sharp cut-off to eliminate light pollution of the adjacent -properties. 35. The lights placed on the buildings shall contain sharp cut-off to eliminate light pollution of the adjacent properties. 36. 37-. No access shall be allowed on Ynez Road and Vallejo Avenue. Twenty-five percent of all trees within the development shall be twenty-four inch box or larger. 38. The worship center and the Sunday School shall not operate simultaneously. The Sunday School shall not be used as an assembly area. BUILDING AND SAFETY 39. The applicant shall comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 40. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance Number 655 for the regulation of light pollution. 41. Prior to the commencement of any construction work, obtain ell building plan and permit approvals. 42. 43. Obtain street addressing for all proposed buildings prior to submittal for plan review. Restroom-fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. S~ST~.PC: 18 45. Provide appropriate stamp of e registered professional with original signature on plads submitted for plan review. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. The development of this project shall be consistent with the requirements of Tentative Parcel Map 27018. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmittod for further review and revision. PRIOR 46. TO ISSUANCE OF GRADING PERMITS: Prior to issuance of a grading permit, developer must comply with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES clearance is granted or the project is shown to be exempt. 47. As deemed necessary by the Department of Public Works, the developer shall receive written clearance at the appropriate stages of development from the following agencies: San Diego Regional Water Quality; Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riversid~ County Health Department; CATV Franchise; General Telephone; Southern California Edison Company; and Southern California Gas Company. 48. The developer shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil Engineer. 19 .The developer shell submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 50. A Geological Report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. 51. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 52. No grading shall take place prior to the improvement plans being substantially complete, acquisition of appropriate clearance letters and approval by the Department of Public Works. 53. At all times during the course of construction, erosion control runoff mitigation plans will be required and enforced. All plans shall be submitted as part of the grading plan -submittal with appropriate notes as directed and approved by the Department of Public Works. 54. All site improvement plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with adjacent projects. 55. Street improvement plans'including parkway trees and street lights 'prepared by a Registered Civil Engineer and approved by the Department of Public Works shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way as directed by the Department of Public Works. 56. Prior to any work being performed for onsite improvements, fees.shall be paid and a construction permit shall be obtained from the Department of Public Works. 57. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 58. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction· Traffic control plans shall be provided as directed by the Departfnent of Public Works and shall be prepared by a Registered Civil Engineer. 59. The developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following 'public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, sidbwalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. B. Storm drain facilities and erosion control. S~STAI:FI~SPUP. I~ 20 Landscaping (street and dopes). D. Sewer and domestic water systems. E. Undergrounding of proposed utility distribution lines if required. 60. The developer shell comply with the requirements of the Department of Public Works and any recommendations of any other agency' as deemed necessary by the Department of Public Works. 61. A flood mitigation cha~ge shell be paid. The charge shell equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Rood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 62. _The developer shall obtain any necessary letters of approval for offsite work performed on adjacent properties as directed by the Department of Public Works. 63. Drainage calculations shall 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. 64. If deemed necessary, 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 recorded drainage easement shall be submitted to the Department of Public Works for review. 65. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 66. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. 67. The developer shall comply with all constraints which may be shown upon an. Environmental Constraint Sheet recorded with any underlying maps related to the subject property. PRIOR TO ISSUANCE OF BUILDING PERMIT: 68. 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 Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 69. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 21 Prior to building permit, the subdivider shall notify the City's C.A.T.V. Franchises of the intent to develop· Conduit shall be installed to C.A.T.V. Standards prior to issuance of Certificates of Occupancy. 71. Developer shall pay 'any capital fee for road improvements and public facilities imposed upon the proparty 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 par square foot, not to exceed ~10,000. 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, 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; orovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR 72. TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: A minimum street flowline grade shall be 0.50 percent. The minimum parking lot flowline grade over asphalt concrete paving shall be 1.0 parcent unless otherwise approved by the Department of Public Works. 73. Onsite improvement plans per City Standards for all oneire construction shall be required for review and approval by the' Department of Public Works· 74. 75. 76. 77. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). Street lights shall be provided along streets adjoining '~he subject site in accordance ' with the standards of Ordinance No. 461 and as approved by the City Engineer. Concrete sidewalks shall be constructed along all public street frontages in accordance with City Standard Nos. 400 and 401 except as noted below for Vallejo Avenue. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 78. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 22 -.7~._... Construct full street improvements including but not limited to curb aml gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights On all interior public streets. 80. Ynez Road and Vallejo Avenue shall be improved with 32 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). Sidewalks may be deleted on Vallejo Avenue to conform with the design criteria of the Los Ranchitos area. 81. Santiago Road shall be improved with 43 feetof asphalt concrete pavement within the dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 82. 83. Adequate pavement transitions for travel lanes shall be provided as directed by the Department of Public Works. Upon completion of the ultimate improvements for Santiago Road, the access for this _site shall be restricted to right-in/right-out movement only, and s secondary access shall be provided across parcel 3 of Tentative Parcel Map 27018. 84. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the' City. 85. No driveway access shall be allowed on Ynez Road. 86. Corner property line cut off shall be required per Riverside County Standard .No. 805. 87. The street design and improvement concept of this project shall be consistent with and coordinated with adjoining developments (PM 26845). Trans0ortatio0 Enoineerina '-' PRIOR TO ISSUANCE OF BUILDING PERMITS: 88. A signing arid striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Ynez Road, ~antiago Road and Vallejo Avenue and shall be included in the street improvement plans. 89. Plans for relocation of the existing traffic signal pole shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Santiago Road at Ynez Road and shall be included in the street improvement plans with the second plan check submittal. Additional detector loops and signal heads shall be provided to conform to the new lane configurations. ~STAFF, P~'UP. PC .23 91. PRIOR 92. PRIOR 93. 94. 95. Prior to designing any of the above plans, contact 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. TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: A construction area traffic control plan shall be-designed by a registered Civil Engineer end approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. .All traffic signal relocation improvements shall be installed and operational per the special provisions, and the approved traffic signal plan. Landscaping shall be limited within the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance visibility· $~T~.PC 24 GLEN ~. NEWMAN FIRE CHIEF RIVERSIDE COUNTY FIRE DEPARTMENT 210 WEST SAN .IA~INTO AVENUE * PEI~.RIS, CALIFORNIA 92370 (714) 657-3183 APRIL 15 1~2 TO.: CITY OF TEMECULA ATTEN~ PLANNING DEPARTMENT RE: PUBLIC USE PERMIT - 5 With respect to the conditions of approval for the above refer- enced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 1. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 2. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 5. A combination of on-site and off-site super' fire hydrants (6"x4"×2 1/2"x2 i/2"), will be located no less than 25 feet or more than 165 feet from any portion of the. building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 4. The required fire flow ma~ be adjusted at a later point in the permit process to reflect changes in design, construc- tion type, area separation or built-in fire protection measures. 5. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall c~nform ~o the fire hydrant types, location and spacing, and the sy'stem shall meet the fire flow requirements- Plans shall be signed/approved by a registered civil engineer and the local water company with ~he following certification: "I certify tha~ the design of the water system is in accordance with ~he requirements prescribed~bY ~he Riverside County ~ire Department". PLANNINGDIVISION ~INDIOOPPICE 79-733 Cmm~Club D6-e. Sek E!ndlo, CA 92201 (619) 342-8886, FAX (619) 775-2072 · ~ RIVERS'ID~ ~ · 3760 12th Smzr., Rbqmid~ CA 92501 (714) 275-4777 · FAX (714) 369-7451 ~'~OK~tAAGPIqC~ 41002 Coumy Catm. Detve.,Sube225, Tana:uh, CA 92390 (714) 694.5070 · FAX (714) 694-5076 FROM: ---~- .... DEPARTMENT OF HEALTH C I TY OF TEMECULA DATE: onmental Health Specialist IV RECEIVED County of Riverside o, 07-01-92 PUBLIC USE PERMIT NO. 5 Department of Environmental Health has reviewed the Public Use Permit No. 5 and will require the following items PRIOB ~._BU!L_D_I.NG PLAN APPROVAL,. .Adequate satisfactory Hetailed soils percolation testing in accordance with the procedures outlined in the Riverside County Waste Disposal booklet entitled ~a~te Disposal For lndiy~dual Homes. A "will-serve" letter for potable water from the appropriate agency providing water service. Three detailed drawn to scale (1'=20") of the-' proposed subsurface sewage disposal system and floor plan/plumbing schedule to ensure septic tank sizing. SM:dr Eastern Municipal (/rater District Board o/Diraao. Rodget D. Sims, President Chester C. Gilbert, Vice President Wnk G. Aidridge John ~L Coudum Craig A. Waver ...... . .... , ' :~S;~.~ May/C White JUL 13 i;;92 July g, 1992 Holt Group Attn: Greg Halladay 275 North El Cielo Suite D-3 Palm Springs, CA 92262 RE: Proposed Church Site at the Southeast Corner of Ynez Road and Santiago Dear Mr. Halladay: Please be advised that the closest sewer to the above location approximately 200 feet west of the center line of Ynez Road. ends in Santiago Enclosed please find a copy of the District's sewer drawing index. Should you have any questions, 'please contact this office. Very truly yours, EASTERN MUNICIPAL WATER DISTRICT Pauline White New Business Representative PW:If Enclosure Mail To: Post Office Box 8300 · SanJacinm, C, alif~rnia 92:581-8300 · Telephone (714) 922~-7676 · Fax (714) 929-02:~7 Main Office: 204~ S.. San Jacinm Avenue, San Jm:inm · Customer Setvice/Engineering Annex: 440 F_ Oaldand Avenue, Hernet, CA PUP-5 Pg-2 6. Install a complete fire sprinkler system in all buildings. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant: and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. '7. Install a super'vised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation~ as per UBC. 8. A statement that the building will be automatically fire sprinklered must apprear on the title page of the building plans. 9. Certain designated areas will be required to be maintained as fire lanes. 10. Prior to the issuance of building permits, the developer shall deposit~ with the City of Temecula~ a check or money order equaling the sum of $.25 per square foot as mitigation for fire protection impacts. This amount must.be submitted se~aratel~ from the plan check fees. 11. Prior to the issuance of building permits~ the appli- cant/developer shall be responsible to submit a check or money order to the Riverside County Fire Department for ~lan check fees. please reference plan check number with remittance. Final conditions will be addressed when building plans are reviewed in the building and Safety-Office.~ All Ouestions regarding the meaning of conditions shall ferred to the Planning and Engineering Staff. be re- RAYMOND H. REGIS Chief Fire Department Planner by/~~~ Michael E. Gray, Fire Captain Specialist RIVERSIDE TRANSIT AGENCY 18~5 THIRD STREET · RIVEPaID[, CA 9P507-3484 · BUS. (714} 684-0850 FAX (714) 684-1007 June 29, 1992 Saled Naaseh City of Temecula, Planning Department 43174 Business Park Drive Temecula, CA 92590 RECEIVED JUL 0 6 992 ............ RE: Public Use Permit No.5 - New Community Lutheran Church Dear Saied: RTA does not currently provide transit' sewice, to the site mentioned above but based on the size of the project and our plans for future transit expansbn in Ternecula, we am requesting that the following transit features should eventually be included in this project: Transit stop located at: Southside comer of Santiago Road farside Ynez Road This bus stop site is located on the map attached. A bus turnout, if determined by City Traffic Engineer to be necessary based on madway cross section, travel volumes and speeds should be 'provided at the above stop location. The area adjacent to the bus turnout should include a paved passsenger waiting area complete with a bus shelter and bench. Paved, lighted and handicapped accessible pedestrian accessway should be provided -between the stop and the project site. Thank you for the opportunity to review and. comment on this project. Your efforts to keep us updated on the status of thi.~ request will be very much apl3reciated. Please let us know when this project will be completed. Should you require additional information or specifications, please .don't hesSate to contact me. Sincerp..Ly, Cs . Marketing Manag~ SR/jsc PDEV t180 ~QAJ410 VIADR f.1/~'{ . ~ FILE QLTIrTMIADOW ID 'War June 19, 1992 Mr. Said Naaseh City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 Water Availability Parcel Map 27018 - Lot 2 APN 922-140-010, P. U. P. No. 5 Lutheran Church Dear Mr. Naaseh: Please be advised 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 rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WA,~R DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:SD:sj218/F18~ cc: Senga Dohcrty, Engineering Technician Rsncho California Water District ;/Ns~l Iha/R,~sd * I',.-t IHtkt. Ih,, mslT · Trnwt'ul.s.('aldhrmaw~%hg-~ll7 * 1714,676-41.1 * FAX,714~676-O615 0 0 ....... :' 7,66i, 9 0 1fir O)AI':JO3tl ' ATTACHMENT NO. 3 EXHIBITS 25 SITE CITY OF TEMECULA SWAP - EXIt/RIT B Designation: 2% Acre 1Vrmiramn Residential \\ i/ ZONING - EXHIBIT C Case No.: Public Use Permit No. P.C. Date: September. 21, 1992 Designation: R-A S'~STAFFRPT~PUP.PC CITY OF TEMECULA \\ \\ \\ CASE NO.: Public Use Permit No. EXHIBIT: A P.C. DATE: September 21, 1992 / VICINITY MAP S%STAFFRPT%5F~P. PC CITY OF TEMECULA CASE NO.: Public Use Permit No. EXHIBIT: E P.C. DATE: September 21, 1992 SITE PLAN S%.STAFFRFrT%5PUP.PC CITY OF TEMECULA J -- VmU,F.,dO AVaU~ CASE NO.: Public Use Permit No. 5 EXHIBIT: D P.C. DATE: September21, 19~)2 SURROUNDING LAND USE S~STAFFRPl~SPUP.PC CITY OF TEMECULA I04mTNWBIT I,IVATlea - wolfroe cB~lm ~ · ~ma'l~ASTm. R~ATmm-~'eg~N~mm~ CASE NO.: Public Use Permit No. EXHIBIT: G P.C. DATE: September 21, 1992 ELEVATIONS S%STAFFRPT%51~IP. PC CITY OF TEMECULA ., ! ~ ¥~ &¥1lUl / i/ CASE NO.: Public Use Permit No. 5 EXHIBIT: F P.C. DATE: September 21, 1992 S%STAFr-RP't~SPUP.PC CONCEPTUAIJ FUTURE PHASES SITE PLAN CITY OF TEMECULA CASE NO.: Public Use Permit No. 5 EXHIBIT: H P.C. DATE: September21, 1992 LANDSCAPE PLAN S%STAFFRPT%5PJP.PC 'CITY OF TEMECULA I · I %- CASE NO.: Public U-~e Permit No. 5 EXHIBIT: I P.C. DATE: September 21, 1992 CONCEPTUAL FLFrIn~ PHASES LANDSCAPE PLAN S%STAFFRPT~PUP.PC ATTACHMENT NO. 4 INITIAL STUDY S%ST~.PC 26 CITY OF TEMECULA CASE NO.: Public Use Permit No. 5 EXHIBIT: J TENTATIVE PARCEL MAP NO. 27018 P.C. DATE: September 21, 1992 S%STAFFRPrT~SPUP. PC Backnround 1. CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMI;NTAL STUDY Name of Proponent: , Address and PhOne Number of Proponent: 3. Date of Environmental Assessment: 4. Agency Requiring Assessment: 5. Name of Proposal, if applicable: e Location of Proposal: The Holt e-roug}. Inc.. for fie L-theran Church Extension Fund The Holt Group, Inc. (619) 320-0045 ~75 N. Cielo. D-3. Palm Sorings. CA 9;~6~ Lutheran Church Extension Fund 1333 Kickwood Rd.. St. Louis. MO 831 2~ May 17.1991 CITY OF TFMECUI A Public Use Permit No. 5 .(New Community Church at Santiago and Ynez Roads) Southeasterly corner of Santiaao and Ynez · Roads. Temecula. CA Environmental Imoacts (Explanations of all answers are provided on attached sheets.) 1. Earth. Will the proposal result in: be Ce de Yes Maybe NO Unstable earth conditions or in changes in geologic substructures? __ _ X Disruptions, displacements, compac- tion or overcovering of the soil? _ _ X Substantial change in topography or ground surface relief features? _ _ X The destruction, covering or modi- fication- of any unique geologic or physical features? _ _ X 27 ee fe ge Any substantial increase in wind or water erosion of soils, either on or off site? Changes in deposition or erosion of beach sends, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bey, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: ae be Ce Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether' locally or regionally? Water. Will the proposal result in: ae be Ce de Substantial changes in currents, or the course or direction of water' movements, in either marine or fresh waters? Substantial changes in hbsorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course~ or flow of flood waters? Change in the amount of surface water in any water body? Yes Maybe No S%STAFFRPT~SF'UP.P(:: 28 ee Discharge into surface waters, or in any alteration of surface water quality, inc. luding, but not limited to, temperature, dissolved oxygen or turbidity? fe Alteration of the direction or rate of flow or ground waters? . Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? he Substantial reduction 'in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants.)? Reduction of the numbers of any unique, rare, or endangered species of. plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Yes 29 10. Animal Ufe. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthie organisms or insects)?. 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. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident Or upset conditions? Yes Maybe No SIST~.PC 30 11. 12. 13. 14. be Possible interference with an emerg- ency response plan or en emergency evacuation plan? Population. Will the proposal alter. the location, distribution, density, or. growth rate of the human population 'of an area? Housing. Will the proposal affect existing housing or create a demand 'for additional housing? Transportation/Circulation. Will the proposal result in: ae Generation of substantial additional vehicular movement? be Effects on existing parking facili- ties, or demand for new parking? Ce Substantial impact upon existing transportation systems? de Alterations to present patterns of circulation or movement of people and/or goods? ee Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, bicydists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in · need for new or altered governmental services in nny of the following areas: a. Fire protection? b. Police protection? c. Schools? Yes Maybe X X 31 15. 16. de Parks *or other recreational facilities? Be Maintenance of public facilities, including roads? f. Other governmental services: Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yes Maybe X S~STAFFRPT%SPUP. PC 17. b. CommunicatiOns systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: ae Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? 32 Yes Maybe X X ,X_ '..L. X CHURCH ISSUES Reasons Not To ~Ave & ~.rch There &t ~11: 1. Los Ranchitos CC&Rs specify single family residential only. 2. Concern for the tax base for the City of Temecula allowing so many churches to relocate in the city. (See the material we left with you at our meeting: a directory listing of already existing Temecula churches.) 3. Master Plan at this time proposes these three lots as "Very Low Density" single family residential. 4. Another church on Santiago will make a C~rch Row, especially with two very large churches within 1/2 mile on Vallejo and La Paz. 5. This proposed church's plans for the use of the three lots they own inLos Ranchitos do not so far make good use of the sight. 6. When the church applied to split one lot into three, we understood they would resell for three single family homes. 7. We need to prevent a precedent from being set for other parcels in our neighborhood. 8. We already have one church, Rancho Community Church, in the neighborhood. This church was provided for in Kaiser's master plan years :ago. : 9. Homeowners blocked the proposal of the Hope Lutheran Church two years ago. Hope Lutheran pulled out because they did not want to be unwelcome. 10. A majority of Los Ranchitos homeowners 'are opposed to a church here. Additionally, five out of the seven most adjacent homeowners are opposed to the plan. 11. Part of our own Master Plan proposal includes a gated style entrance at the comer of Ynez/Santiago. Without the church's cooperation this would not be possible. 12. Traffic speeds are already unsafe for homeowners along Ynez when they enter or exit their properties. A church would bring additional traffic to escalate the problem. 13. Egress for a church would bring church traffic onto Santiago and or Vallejo, both quiet neighborhood streets. 14. PARKING is a real problem at the existing church. People park at the closest entrance without consideration for homeowners. Even with revised plans, how would any other church prevent this problem? Page Concerns for Homeowner~ T~ A Ch-vch TS Peri4ttea PeY A CUP: A. Church's lack of concern for the individual rights of all Los Ranchitos homeowners provided for in CC&Rs to maintain single. family residential dwellings. 1. Parking along our residential. streets. 2. Increased traffic, noise, night lighting, andstrash. 3. Architectural inconsistencies withranch style residences. 4. Poor planning and use of lots. 5. Lack of specific provisions for buffers, fencing and landscaping. 6. Lack of maintainance of rural aesthetics such as no'curb or gutter- 7. Unknown long term plans such as a school and total build out time frame etc. 8. Egress from which street? Safety of egress for neighbors. 9. Neighborhood entrance statement could be lost. 10. If the church does not plan on occupying all three lots, what are their intentions for the use or sale of the other ones? 11. Continued or worsened drainage problem at the corners of ¥nez/Santiago and Ynez/Vallejo. 12. Removal of full grown Eucalyptus trees on corner. Page 2 LOS RANCHITOS H(3~4]~O~ERS ASSOCIATION PO BOX 471 TEMECEFLA, CA. 92593 Mr. Thomas Butz Lutheran Church Missouri Synod 1530 Concordia Dr. Irvine, CA. 92715 May 13, 1992 RE: Church building in Los RanchitoS Dear Mr. Butz, The Los Ranchitos HOA recently received notice bythe City of Temecula of your local church's application for a Conditional Use Permit to begin building a church. The City would like to help mitigate any concerns of ours before the public hearing process begins. A copy of our homeowners' concerns are enclosed for your information. They were also sent to the City of Temecula. You should be aware that the Board of Directors of the Los Ranchitos HOA is attempting'to assist homeowners in finding an amiable resolution to the problem your intended church development is posing for homeowners. However, you should also be aware that the. rights provided by Los Ranchitos CC&Rs, including the prohibition of any development other than single family residential development, belong to each .~ndiv~dua] property owner. You also need to know that we are finding substantial homeowner opposition to commercial and church development because it is in direct violation of the CC&Rswhich govern property owners in Los Ranchitos. Sincerely, The Board of. Directors Los Ranchitos HOA 28920 Vallejo Avenue Temecula, CA. 92592 March 14, 1992 Rebecca Weersing P.O. Box 471 Temecula, CA. 92593 Dear Rebecca, REF: Los Ranohitos Homeowners Board Meeting March 12, 1992 As you requested, we are forwarding information relative to the notes I had made at referenced meeting: We will take pictures of traffic and parking situations on Vallejo Avenue in area of Community Church on Sunday, March 22, 1992 and forward same to you. Two Church Guides are enclosed; h~wever, they are paid adver- tisements and do not reflect the true number of churches in Temecula. Therefore, we have enclosed a list of ONLY Temecula churches (37) taken from the telephone directory, which my not include additional new arrivals. When compared to the number of churches listed for other com- munities - such as Murie~ta, Wildomar, The Oaks,.Canyon Lake, Menifee and possibly, Elsinore - we have by far the most churches in the region. We are supplying, as a city, a tax-free service to the entire region. Let's let them start taking care of their own - enough is enough! -Each time Temecula permits another church to operate in our city, it loses income from its tax base. The church currently proposed will remove three (3) two-and-one-half (2½) acre par- cels from-its tax rolls and bring additional ousiders into the comunity and on to our already over-crowded streets. 0 The article concerning Rancon's proposed development in Hemet (reducing five-acre parcels to one-acre parcels) is enclosed. It might be worth of note...at one point - approximately a year ago - Steve Snow, of Rancon, who owns the vacant parcel on Vallejo Avenue (with the creek bed running throught it), offered it for sale advertising it as a possible use for a mortuary or nursery. Thanks ~o Don Rohrbacher, who got on his case, signs disappeared! 4. Regarding C.C. & R's: Joan Sparkman spoke at one of our L. R. Homeowners meetings regarding possible placement of a church on Vallejo Avenue. When questioned... 'Why not place it in Meadowview where YOU live? ' she said their C.C. & Rs. wouldn ' t permit it .' .' Let ' s get a copy of Meadowviews C.C. & Rs. before we rewrite ours~ We gave .a copy of the Canyon Lake C.C. & Rs. to Tim Delaney when he was on the board. Suggest someone check to see if he still has them. 5. Sound barriers on Highway 15 in area of Highway 79 - facing Los Ranchitos properties and Community Church. Teri will contact Cal Trans regarding barriers and if neces- sary, take some pictures of other areas like ours where Cal Trans has erected fairly good-looking walls.. Pictures my be of help if we later wish to make a presentation to Cal Trans and/or Temecula City Council...Sometime in the future. Also enclosed, the article from L.A.. Times newspaper written last November where former City Council member takes a shot at the Council regarding development. It also mentions some residents dissatisfaction over gro~h, crime, smog, gangs and traffic. Hope all this, these and those my be of some help! Hastily, but sincerely, The Halls / Jim & Teri cc: file - 2 - CHURCHES KNOWN TO BE IN THE TEMECULA AREA Calvary Babtist church of Temecula 30187 Nicolas Rd. & Ca!le Medusa 1 of 3 969 - 8700 2. Calvary Chapel of Rancho Calif. 28373 Felix Valdez Rd. 694 - 8745 3- Calvary Chapel' 'of Temecula Valley 27462 Enterprise Circle West 699 - 0553 4. Center for Life Enrichment 41782 Enterprise Circle So., Ste. 'F' 696 - 4393 5. Church of Christ 27895 Diaz Rd. 676 - 7728 6. Ed'Dufresne Ministries (AKA: World Harvest Outreach) 41769 enterprise Circle 694 - 8799 Fellowship Conmmnity Church' 27574 Con~nerce Center Dr. First Babtist Church of' Temecula 42101Moraga Rd. 699 - 7420 699 - 5438 9.Church of Religious Science of Temecula 26805 Murietta Rd. 698 - 0838 10. Harvester Church of Temecula 34613 Caile Arnaz 676 - 5824 11. His Church Christian Center 27780 Fron~ St., Ste. 1 694 - 0208 12. Hope Luteran Church ELCA 29385 Rancho California Rd. 676 -6262 13. Jesuscristo E1 La Respuestra 42101Moraga Rd. 694 - 5551 3/92 CHURCHES KNOWN IN THE TEMECULA AREA 14. Lamb's Fellowship 27570 Co~nerce Center Dr. (Cont'd.) 2 of 3 679 - 7774 i5. Las Brisas Bible Fellowship 28131 =ront Street 699 - 3511 16~ Lutheran Church of the New Comity 27393 Ynez Rd. 699 - 9910 17 (A) New Community Luteran Church (LCMS) 31555 Rancho Vista Rd. & Margarita 676 - 1492 18. New Life Counseling (Independent Fundamnta!) 41845 Fifth St. 676 - 4458 19. New Covenant Fellowship 28030 Del Rio Rd. 676 - 8852 20. Oak Springs Presbyterian'Church 41745 Rider Way 677 - 3532 21. Presbyterian Church of.Temecula Sparkman Elementary School Margarita Rd., 1 blk. No. of Hwy. 79 Corr: 39918 Amberly Circle 695 - lo1~ 22. Rancho Babtist Church 29775 Santiago Rd. 676 -.2911 23. Rancho California church of the Nazarene 45654 Clubhouse Drive 699 - 7262 24. Rancho c~istian Church Services: Temecu!a Elementary School Cffice: 27412 ~n~erprise Cir~!es West, Corr: P.O. Box 813, Temecula Ste 206 699 - 3230 25. Rancho Coinunity Church 29141Vallejo Avenue 676 - 3571 3/92 CHURCHES KNOWN TO BE IN THE' TEM/ECULA AREA (Cont'd.l 3of3 26. Rancho-Tmeecula Bible Church 29825 Sant~azo Rd. 676 - 4021 27. Seventh Day Advent~st / Pastor: Harris Mullen Meets at: Hope Luteran/Rmcho Calif. Rd.. (Across from Target) 676 - 1886 676 - 9610 28. So. Calif. District Church of the Nazarene 28999 Front Street 676 - 1611 29. St. Anthony's Catholic Church 41875 'C' Street 697 -4403 30. St. Thomas Episcopal Church 31530 La Serena Way 679 - 0757 31. Temecula Valley Community church 27475 Commerce Center Drive 699 - 5795 32. Temecula Evangelical Free Church ~27475 Commerce Center Drive 676 - 3705 33- Temecula United Methodist Church 27353 Jefferson 676 - 1800 Temecula Valley Christian Center 43300 Business P~n~ D-ive 695 - 1123 35. Temecula V~l~ey House of Praise 42111 Avertida Alvarado 676 - 1388 36. Valley Christian Fellowship 28441 Felix Valdez Rd. 676 - 2550 37. Vineyard Christian Fellowship 28753 Via Monzezuma 676 - 3882 3/92 T_rl~ ]]~I(I~RTrI~OS' ]:i~~ PO I~OX 471 '~n~.C'I]TJ~, CA,. 9~-593 John R. Meyer, AICP Senior Planner 43174 Business Park' Drive Temecula, CA. 92590 May 13, 1992 Dear Mr. Meyer, Thank you for taking the time to meet with three Los Ranchitos homeowners last week to discuss the proposed Master Plan Draft and how Los Ranchitos fits into the overall plan. Los Ranchitos homeowners are very pleased with the Proposed Master Plan continuing a designation of Very Low Density for our portion of the plan. However, we have outlined a few concerns and corrections for you to review and consider in the next revision of The Plan. The majority of our community supports the issues we have presented.here. We feel all these issues together help to preserve our rural designation and improve property values for ourselves and ultimately improve and benefit the City of Temecula. A handful of Los Ranchitos property owners would like to sell their parcels for commercial uses. However these owners knowingly purchased their properties with conditions, covenants and restrictions against commercial uses. The Board of Directors of the 'Los Ranchitos HOA is attempting to assist homeowners in finding an amiable resolution to the problem intended commercial development is posing to the neighborhood. However, you should be aware that the rights provided by Los Ranchitos CC&Rs, including the prohibition of commercial development,.belong to each i~dividual property owner~ The majority of Los Ranchitos property.owners are aware of the many constraints of the borders of. this neighborhood. Additionally, ~ost are in favor of maintaining the current borders for the residents of the future. We are finding substantial homeowner opposition to commercial development because it is in direct violation of the CC&Rs which govern the property owners here. · Homeowners in Los Ranchitos seek the City of Temecula's assistance in protecting our borders through the Master Plan process. We look forward to meeting wi~h you again in the future to discuss some of the specific issues which follow. Please advise us of any o~her steps we may take to cooperate with the City in this Master Plan process. Contact persons are Naytee Davis @ 676-2466 or Rebecca Weersing @ 699-7814. Sincerely, The Board of Directors Los Ranchitos HomeownersAssociation LOS RANCHITO S HOMEOWNERS ASSOCIATION PO BOX 471, TI~fECUIa, CA. 92593 COMMENTS AND · CONCERNS TEMECULA MASTER PLAN Tseue 1-Corrections Five Los Ranchitos parcels are .currently showing incorrect color codes on the Preferred Land Use Plan Draft. (The Draft which is for.view and sale at the front desk, also presented on 4/16/92) 1. Assessors parcel number is incorrectly coded as a public/Institutional Facility (blue.)- It should be coded Very Low (light yellow.) The parcel is on the southwest corner of Ynez and Santiago, and is currently part of a 2 1/2 acre single residence. La Petite Academy is adjacent to this site. 2. Assessors parcel number is incorrectly coded Highway/TouriBt Commercial (darkeS~ red.) The city changed its zone on March 24th to Neighborhood Commercial (lightest pink.) This parcel is located on the southeast corner of Margarita and De Portola. 3. Assessors parcel number incorrectly coded Highway/Tourist Commercial (darkest red.) T~i~sparcel is an undeveloped RA 2 1/2 lot and should be coded Ver~ Low (light yellow.) This parcel is located on the west side of Jedediah Smith at Hwy. 79 south. 4. Assessors parcel number is incorrectly coded Highway/Tourist Commercial (darkest red.) A home currently occupies this RA 2 1/2 lot. It should be coded Very Low (ligh~ · yellow.) The parcel is located on the east side of jedediah Smith at Hwy. 79 south. 5. Assessors parcel numbers - are incorrectly coded as Very Low (light yellow.) This parcel is the home of Rancho COmmunitY Church, and should be coded public/Institutional Facirity (blue.) please note that all five of these parcels are currently subject to the Los Ranchitos'CC&Rs- TSSUe 2-CC&R Jur~sdjct4on Assessors parcel numbers & are both currently subject to the Los Ranchitos CC&Rs, Neither property owner has sought the legal approval of any of the other individual community members to have commercial zones. Only the C~ty of Temec-la recognizeS these two parcels as commercial in this proposed plan. Tss-e 3-Recre*ti oD*l Tr~ 1 s We have an existing Horse Trails System throughout Los Ranchitos that we would like to have incorporated into the City's new Parks and Recreation "Recreational Trails System." Maintenance, mapping and use, 'especially where our trails connect with other city trails would greatly enhance the whole Temecula trail system. Los Ranchitos trails help make us a unique'community as well as adding a special quality to the city and its newly planned trails. A map of our trails is enclosed. Tssue 4-Roads YNEZ/DE PORTOLA CORRIDOR: Our first choice would be that Ynez/De Portola remain a 2-lane road between Santiago and Margarita. Additionally, we would ultimately request a speed limit no higher tha~ 45mph and stop signs placed at La Paz/Ynez and Jedediah Smith/De Portola to slow.traffic through our neighborhood. Even though a recent traffic study at these locations did not meet city standards for placement of stop signs or reduced speed limit signs along the .Ynez/De' Portola-Corridor, many homeowners feel unsafe turning into or out of their driveways due to the excessive speed of people using this road to "pass through." VALLEJO: Vallejo Avenue between La Paz/Vallejo and Ynez/Vallejo (near Rancho Community Church) has no speed limit posted and a dangerous curve. People use this street as a cut through to Hwy 79 south and also to get to the church. A speed limit of 25 mph should be posted here since it is a residential street, has a dangerous curve and a school housed in the church. Additionally, neig.hbors near the church would support the placement of "NO PARKING" signs on their easements to help abate the problematic parking problems associated with the church's'. school and its other activities all week *long and on Sundays.. HIGHWAY 79 SOUTH: We are fully aware of the impact of the widening of Hwy 79. Our concerns lie.in the access points into Los Ranchitos at La Paz and Jedediah Smith. These were originally designed to beentrances into the neighborhood, not throughwayS and shortcuts to other places. Given the proposed improved circulation elements throughout the city, such as widening Margarita, the Old Town back loop, additional overpasses etc.,- we respectfully request that the smaller, neighborhood style entrances of LaPaz and Jedediah Smith be preserved to discourage routing through Los Ranchitos. Also, assuming the continuance of Lowest Density Residential along this strip, can a buffer zone such as landscaping or walling be provided for in the widening of Hwy 79 South? "~ ..... WOODEN STREET SIGNS: The city holds a certain western style and rural flavor which it seems the Master Plan is trying to maintain. The wooden street signs of several Temecula neighborhoods shouldbe included in any planning efforts since they obviously are harder to obtain and costlier than plain metal signs. Los Ranchitos is one of the communities which takes pride in its unique wooden street markers. PALAROAD: Los Ranchitos would not support any effort to re- align Pala Road at an intersection with Jedediah Smith. (If this becomes and option) Once again, this would create a reason for non-residents to cut through the neighborhood. COUNTY MAINTAINED ROADS-: We support the continued rural (no curb and gutter) lees wide, less travelleduse of Santiago and John Warher Road. Further, we would support any effort to avoid the punched through completion of Santiago Road. However, several of our residents experience severe drainage problems at their properties because of changes "up the street."' Orange sandbags are the norm along with roadside silt because o'f poor maintenance etc. · Be it the County or the City, we have neighbors who need help now in getting these drainage problems cleaned up. INTERSTATE 15: ReBidents in LoS Ranchitos near the 15 Fwy would ultimately request a freeway block wall along the portion of the freeway which is adjacent to Los Ranchitos. Do you have suggestions of how to get such a beast or is this a city issue? Issue 5- Opportunity Area #4 Los Ranchitoswouldsupportthe proposed "Professional Office" designation in the proposed "Opportunity Planning Area #4"'along HWy 79 South with the cOndition that no access is made available to this commercial office designation from any road within. Los Ranchitos. Any access points should be made from Hwy 79 only. Secondly, we would request fully landscaped, walled, buffers between Los Ranchitos residents and any proposed office buildings. We are very much in favor of this being an opportunity area where the city can place architectural, buffer, access, and style requirements on any development abutting the neighborhood on this strip. BI~Z Y!eZ lO TLrlqEI:UL~ CA ATTACHMENT NO. 6 MINUTES FROM THE AUGUST 5, 1991 PLANNING COMMISSION MEETING 41 Commissioner Blair made a motion seconded by Commissioner Ford to: 11.1 Close the public hearing. 11.2 Adopt a negative declaration for Tentative Parcel Map 27018 11.3 Adopt a resolution entitled: With a change to Condition #41. RESOLUTION NO. 91-76 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 24172 TO SUBDIVIDE A 5 ACRE PARCEL INTO EIGHT PARCELS SITUATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN PAUBA ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-060-002. The motion was carried by the following vote: AYES 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Hoagland NOES 0 NONE 12. TENTATIVE PARCEL MAP NO. 27018 Proposal: Subdivision of 7.7+/- acres into 3 parcels averaging 2.5+ acres. SoUtheasterly of Santiago and Ynez. O!iver Mujica provide the staff report and recommended approval being. consistent with SWAP guideline and zoning.. It has been conditioned that prior to recordation a Geotechnical report is required. Chairman Hoagland opened public hearing at 8:45 Tim Holt, Architect for Applicant, 275 N. El Cielo, Palm Springs, Ca. representative for Lutheran Extension Fund, stated he concurs with staff report. Wanted clarification of some items. Mr. Pike, architect, 275 N. El Cielo, Palm Springs, Ca. stated he sent lett.er July 23 to Robert Righetti, Engineer, City of Temecula. Expressing his concerns over some conditions and said he worked with staff to resolve them. 11 Donald Rohrobacker, 44281 Flowers Drive, Los Ranchitos Homeowner's representative approves subdivision because 2-1/2 acre lots would be continuity Temecula, suppose project approximately 50 people in audience stood at his request in suppo~. Janice Duncan, 30890 White Rock Circle, Temecula, supports project needs youth and teen progame. Against Project: Rebecca Weersing 41774 Yorba Ave., Temecula, in favor of 2-1/1 acres. Not in favor of church, sidewalks incompatible with rural, trees would have to be taken down. Lennie Pechner 30092 Santiago Rd, across from Parcel 3. Signal 3 months old, would be opposed to assessment district. No objection to split parcel into three not rezoning property. Gary Thornhill gave clarification that request is to subdivide only. Sue Nemeyer, 29962 Santiago Rd., directly Across road. Is opposed to church. Tim Holt rebutted rezoning. Public use at later time. He understands that at this time it is just parcel split. Commissioner Fahey said that there aren't any good standards for rural areas. We should require road improvements consistent with rural area. Commissioner Chinlaeff feels that this project 'is. consistent with zoning that the parcels are appropriate for this zoning. At future use further conditions would be added. Chairman Hoegland asked if churches are a permitted use in RA 2-1/2 Gary Thornhill replied that all churches must come in for review, CUP, PUP etc. Commissioner Blair made a motion to close the public hearing at 8:55 seconded by Commissioner Chiniaeff to: .. br,.w,ee, 12 -' / / 12.1 12.2 Adopt a negative declaration for .TPM 27018; and Adopt a resolution entitled: Commissioner .Hosglsnd asked the' standard language be added, that the conditions attached also be added: to the motion. Commissioner Blair, seconded by Commissioner Chinlaeff amended the motion for that addition. The motion was unanimously carried to adopt: RESOLUTION NO. 91-77 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 27018 TO SUBDIVIDE A 7.7+/- ACRE. PARCEL INTO 3 PARCELS AT THE SOUTHEASTERLY CORNER OF YNEZ AND SANTIAGO ROADS. AYES 5 Blair, Fahay, Ford, Chinieeff, Hoagland NOES 0 None 13 PLOT PLAN 235 Proposal is for a class II Dog Kennel, Cattery and Grooming Shop Northside of Las Haciendas Street Between Front Street and Del Rio Road. Commissioner Chiniaeff announced conflict and left stage at 9:00 due to conflict of interest. Oliver Mujica gave staff report and recommended approval of project. Chairman Hoagland questioned what classified this as Class II, Oliver answered the number of animals, and type of use over night boarding etc. Chairman Hoegland opened public comments at 9:10. Carol Dirtmar, 41395 Calla Toledo, Temecula, applicant Fully concur with recommendations. Jim Kenningtono 4099 Citrus Drive Fallbrook, Owner of property spoke in favor. They are existing tenants as dog grooming and Ib,Tz~,MinJ080581 13 18. 19. 20. 21. -Aesthetics. Will the proposal result in .the obstruction of any scenic vista or view open to the public, or will the proposal result in .the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon' the quality or quantity. of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatory Findings of Significance. Does the project have the potential to. degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? X Yes Maybe No ~TAFmm~'UP.PC 33 .* b8 Ce de Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Does the project have impacts which am individually limited, but cumu- latively considerable? (A project's impact on two. or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? $~ST~.K: 34 Discussion of the Fnvironmentsl .Fvaluation 1.8. 1.b. 1.C. 1.d. 1.e. 1.f. 1.g. 2.8-C. 3.8. 3.b,c. 3.d. 3.e. No. The project in itself does not propose excavation or invasion of significant geologic substructures. No. At full realization, the project may involve constructing church-related facilities with any necessary attendant grading and compaction. Due to the limited scale of this potential project, environmental impacts of soil disruption should be insignificant. No. Construction pad grading of the subject site is anticipated should construction activities eventually occur on the proparty in question. Given the project's limited scale, impacts will be restricted to the immediate site. No significant impact. No. No' unique geologic nor physical features exist on the subject site. Nq. The project, if fully realized, will result in minor overcovering of natural terrain. Substantial increase in erosion of on and off site soil is not likely. Nq, The project does not propose elements or activities that will likely modify existing erosion patterns affecting beach sands and river/stream beds. Ng, No construction is proposed in known earthquake, landslide, or similar hazard zones. No. The project is of insignificant scale in the context of City-wide and regional development. Ambient air qualities should not be noticeably affected if construction activities eventually occur on the proposal site. No. No development activities are proposed that could foreseeably impact rivers, streams, ocean beds, inlets or lakes. No. Localized runoff patterns may change subsequent to eventual construction activities. However, due to the limited scale of this proposal and relative distance from marine and fresh waters, these ecologic features should not be impacted to any degree of significance. No. There is likely to be a nominal increase in off-site bodies of water volumes due to increased runoff from the subject site should construction of church facilities eventually occur. No realizable impacts. No. The construction as a result of approval of this project, runoff characteristics of the subject site may be altered, including minor fluctuations in runoff characteristics such as temperature, dissolved oxygen, and turbidity. However, impacts of any significance are unlikely. S~.STAFFIFT'~.PUP. PC 35 3.h. 3.i. 4.8,C. 4.b. 4.d. 5.a. 5.b. 5.c. 6.a. 7.a. No. Percolation rates of.the project site will likely decrease subsequent to eventual construction, thereby decreasing localized ground water recharge rates. However, impacts of such limited potential development will likely be insignificant. No. Water consumption anticipated which may result. from this proposal are insignificant in the context of City-wide development. No. The project site is not subject to identified flood hazard nor tidal inundation. No. Subsequent to subdivision of the proparty in question, and in conjunction with eventual potential construction, native species on the subject site may be replaced with new plant species, i.e., turf, non-indigenous shrubs, trees, etc. Significant impacts are unlikely. No. Endangered/unique vegetative species are not currently present on the subject property. The existing stand of mature trees on the southeasterly corner of the project site will be preservedlrelocated in accordance with Gity ordinance. N0, The subject site supports no agricultural crops at present. NO. Eventual construction may displace insignificant numbers of typical native animals and insect species. Environmental consequences will be negligible. No. The subject property does not serve as identified habitat for any endangered species of animals or fish. Such species do not currently inhabit the project site. N0, Elimination of insignificant habitat may eventually occur should construction eventually occur. No noticeable impacts are anticipated. Maybe. Ambient noise lev.els on the subject property may increase should No. Construction activities ensue approval of this parcel map. Long term.'noise level increases are also a logical consequence of eventual development of the project site. Overall noise level increase are considered insignificant in a City- wide context. NO. Eventual construction subsequent to parcelization of the subject site will contribute only nominally to ambient light levels. No. The proposed project is allowed with a Public Use Permit in this zone. Proper Conditions of Approval have been incorporated into the project to reduce the impact of this project. No significant impacts are anticipated. 36 10.a. 10.b. 12. 13.a,c. 13.b. 13.d. 13.e. 13.f. 14.a-e. No. Eventual construction and occupancy of the church facilities, which may result subsequent to project approval, will not significantly affect resource consumption rates. No. Hazardous substances of any significant quantity are not currently or anticipated, nor ere they to be located on the subject site. No. The project site is not within an identified emergency response/evacuation plan movement corridor. No. The proposal does not entail addition or deletion of elements associated with regional population growth. No. The proposal at full realization, will result in the addition of church facilities to serve the region with no direct impact on housing. Impacts are insignificant. Maybe. The addition of the church facilities subsequent to full project realization may contribute significant peak volumes to daily traffic to and from the project site. Potential area-wide traffic impacts are mitigated as per the, City Engineering Conditions of Approval. No. The project will contribute additional site specific parking spaces subsequent to eventual construction activities. Effects on regional parking availability are considered insignificant.: Maybe. Traffic will eventually commute tO and from a currently vacant lot which will eventually accommodate church related structures. Existing traffic volumes and circulation patterns should not be noticeably affected. Traffic impacts have been assessed and have been mitigated by appropriate Conditions of Approval. Road improvements required of this project are contained in the attached Conditions of Approval. No. Waterborne, rail,. and air traffic routes of significance are non-existent in the vicinity of the project site. Maybe. Potential increases in traffic volumes accessing the project site ·may eventually increase the possibility of localized traffic hazards. Increases in regional hazards above existing levels are considered insignificant. Localized potential impacts are mitigated through required road and signalization improvements as per the attached City Engineering Conditions of Approval. No. All new development proposals eventually increase demands on public services. Such demands are partially mitigated and financed by property taxes, user fees, assessment districts, developer impact fees, etc. Impacts of this individual proposal will not be significant as mitigated by the project Conditions of Approval. 37 15.a,b. 16.a-f. 17.e,b. 18. 19. 20.a,b. 20.d. No. Impacts on other governmental services have not been identified as significant. No. Eventual construction and occupancy of church facilities should only nominally affect'consumption and stores of energy sources. No. Nominal extensions of individual service lines may eventually be required. Impacts are considered insignificant. No. The project will eventually result in limited construction activities and occupancy of church facilities; which is not normally associated with the creation of health hazards. Further, no health hazards have been identified on the project site. No. Identified vistas of significance do not exist in the immediate vicinity of the project site. No. The project site is not an identified recreational amenity. Further, use of existing area-wide recreational facilities should increase only nominally at full project realization. No. Due to the disturbed nature of the project site end surrounding area, presence of historic or prehistoric archaeologic resources is highly unlikely. No. No religious or Sacred facilities are present on or in the vicinity of the project. 38 FNVIRONMFNTAL DFTERMINATION On the basis of .this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. September 11. 199~ Date For CITY OF TEMECULA $~T~.,"'T%SPUP. PC 39 ATTACHMENT NO.* 5 CORRESPONDENCE ~"I~TA~SPUp. FiC ,40 HOPE LUTHERAN EVANGELICAL LUTHERAN CHURCtl RECEIVED APi 0 9 1992 CHURCH/ ,/ , IN AMERICA Rev. Lyle W. A. Peterson Pastor April 7, 1992 City Plannin~ Commission 43172 Busine~ Park Dr. Temeeula, CA 92590 Dear Members of the Commiaion, It has been brought to my attention that New Community Lutheran Church of Temeeula has plans to build ehureh faeilities at the comer of Ynez nnd Santiago in Los Ranehitos. This property was owned by Hope Lutheran Church during the 1970's with the intention of building our church at that locatioit Hewever, Kaizer Corporation offered Hope Luthernn property on Rancho California Road in exchange for the church's Los Rnnchitos property. At the time, the location on Rancho California Road w~s a more desirable location for Hope church so the exchange wns made and we are at the location today. I share this information with you to inform you that plans for a church at the cornor of Ynez and Santiago were in some of the earliest phnning stal~es of our community. It is even more crucial in this day and age with the difficulties that churches are having in locating affordable property that consideration be given to the planning of locations for church and ~es in the future. Sincerely, Rev. Lyle W./L Peterson, Pastor 29385 Rancho California Road · Tcmccula. CA~3~ , Office: (714) 676-6262' Mailing Address: P.O. Box ~ ~liO~.ci Pastor Study: (7]4) 699-1620 1333 S KIRKWOOD ROAD · ST. LOUIS, MO 63122-7295 TELEPHONE 1-800-843-5233 314 / 966-2630 FAX 314/965-2735 March 20, 1992 FAX 71zl-699-7303 City Planning Commission City of Temecula Temeeula, California RE: PIIIC IJSE PERMIT Advance Site #D07-26 NE Cor Ynez & Santiago Rd. Temecula - Riverside County, CA Gentlemen: This is to authorize New Community Lutheran Church - Temecula, California to represent the Lutheran Church Extension Fund-Missouri Synod as owner/applicant for the Public'Use Permit regarding Lot 2, Tentative Parcel Hap No. 27018 as it pertains to the above referenced. Vice President Hortgage Loans & Real Estate sr C. R. Fiege Thomas C. Butz Rev. Ken Nolnar , ] LOS RANCHITOS HOMEOWI~ ASSOCIATION ' - .,.~ PO BOX 471 . TEMECULA, CA. 92593 Saied Naaseh, Assoc. Planner City of Temeaula 43174 BuSiness Park Drive Temecula, CA. 92590 May 13, 1992 RE: CHURCH BUILDING IN LOS RANCHITOS Dear Mr. Naaseh, The Los Ranchitos HOA appreciates very much the City Staff effort to confront the church building issue with us before the political process has to begin. Here is the issue list we discussed forwarding to you for your. project summary. Also enclosed for your information is a copy of our comments and concerns with regard to the Proposed Master Plan. Maybe this additional information could give you more insight as to what homeowners in Los Ranchitos would like to see planned for the community in the future.. We look forward to meeting'with you again, when the church has submitted a revised proposal. Los Ranchitos homeowners' aim is not to be a thorn in the side of this church proposal, but to protect the rights of the individuals who comprise this neighborhood. We seek the City's support of our efforts as we feel Temecula will ultimately gain the many qualities of an outstanding city in the process. Contact persons for additional information or meeting times are Rebecca Weersing @699-7814 or Nayree Davis @ 676-2466. Thanks again for addressing our concerns. Sincerely, The Board of Directors Los Ranchitos Homeowners Association ATTACHMENT NO. 7 LOS RANCHITOS CC&R'S INFORMATION b'~TAFFI~T~SFUP. leC 42 LEGAL ASSESSMENTS CC&R's/LOS RANCHITOS HOMEOWNERS ASSOC. NEW COMMUNITY LUTHERAN CHURCH' P.O. Box 653 Temecula, California 92592 4180 La J~lla Vi!i~ La Jolla, C. alilomia 92n;r 619/457- F~c 619/457-?69 June 8, 1992 CRZ.~./OH.'~' WE, V7'H~ .~. Li.. M. ( :ru Jahn We, it~ur. LI.. M C,,nrlt, (;. Ehadmx * · atc. a ndmutn~ m Due,n ,,f (41urnrot4 New Community Lutheran Church Attention: Building Committee P. O. Box 653 Temecula, California 92592 Re: CC&R's/Los Ranchitos Homeowners Assoc. Dear Members of the Building Committee: Please be advised that I am in receipt of two letters from the Los Ranchitos Homeowners Association addressed to Mr. Thomas Butz and Saied Naaseh respectively both dated May.13, 1992. Section 4.07 of the'Declarations of Covenants, Conditions and 'Restrictions' recorded on October 11, 1966 as -Instrument No. 100757, which was not impacted by the Amendment to. Declaration of Covenants, Conditions and Restrictions dated September 5, 1967 and recorded onSeptember 22, 1967, in pertinent part provides: "4.07 Building Regulations. Any building or structure of whatever type shall be properly maintained. No building or other structure shall be built or erected unless the building or other structure is of a quality usual and customary for that building or structure and of good quality and design. No building, structure or improvement shall be,built or erected until the plans for such building or structure -shall have been. approved'in writing by the Architectural Control Committee as provided in ATtiole 6.02.', Section 6.02 of the Declarations of Covenants, Conditions and R&strictions recorded on October 11, 1966 as Instrument No. 100757, which was not impacted by the Amendment to Declaration of Covenants, Conditions and Restrictions dated September 5, 1967 and recorded on September 22, 1967, in pertinent part provides: Establishment of a five (5) member Architectural and Environmental Control Committee ("AECC"). 2. Majority of AECC members may designate a representative to act for AECC. Record owners of majority of lots.located within the Property shall have power to change membership in the AECC or restore to the AECC any of its powgrs or duties. -]'-~age Two of Three 4. AECC's approval or disapproval covenants shall be in writing. as required in IN THE EVENT THE COMMITTEE OR ITS DESIGNATED REPRESENTATIVE FAIL8 TO APPROVE' OR DISAPPROVE PLANS AND SPECIFICATIONS WITHIN THIRTY (30)DAYS AFTER SUCH PLANS AND SPECIFICATIONS. HAVE BEEN SUBMITTED TO IT, APPROVAL WILL NOT BE REQUIRED AND SUCH PLANS AND SPECIFICATIONS SHALL BE DEEMED APPROVED AS SUBMITTED.' No building, outbuilding, fence, wall or other improvement shall be erected, placed, added to or altered on any lot until the constructions plans and, as to buildings and outbuildings, specifications drawn by a duly licensed engineer or architect and a plan showing the location of the building on the lot have been approved by the AECC ~s to the quality of workmanship and materials, harmony of exterior design with existing structures, location, enhancement or detraction from the value of surrounding lots and general aesthetic appearance. It is my understanding that construction plans and specifications drawn by a duly licensed engineer or architect and a plan showing the location of the buildings on the lot owned by New Community Lutheran Church ("NCLC") were hand deliveredto the AECC representative on February 3, 1992. (See Exhibit A attached hereto.) It is also my understanding that no written approval or rejection was received by NCLC from the AECC and therefore paragraph 5. above applies. NCLC followed the guidelines set forth in the CC&R's and as a property owner it has rights just like any other property owner. NCLC'is entitled to-rely on the procedures set forth in the.CC&R,s for' building and construction 'approval· ' Thus while NCLC certainly will want to work with the Xssociation, it has complied with the CC&R procedures concerning approval of its plans and the Association does not have the legal right to object to the plans at this time. There were procedures available to the Association which it chose not to follow. Z might also add that, Section 7.01 of the DeClarations of Covenants, Conditions and Restrictions recorded on October 11, 1966 as Instrument No. 100757, was amended by the Amendment to Declaration of Covenants, Conditions and Restrictions dated September 5, 1967 and recorded on September 22, 1967, and said section now provides: Three of Three "7.01 Permitted Operations and Uses, Unless otherwise specifically prohibited herein, any agricultural operation or single-family residential use will be permitted if it is performed or carried out so as not to cause or produce a nuisance to adjacent lots. Commercial uses permitted under 'the County of Riverside zoning classification C-P, as amended from time to time, shall also be permitted., As I told you before, I have not reviewed zoning classification C-P, but it is my understanding that your architect has and feels that your project falls within the scope of zoning classification C-P. Open communication is the best solution to avoid problems with any homeowner association. Trying to obtain a win-win solution for everyone wins in the end. I'look forward to working with the Building Committee in pursuit of its endeavors. May the Lord's blessings be showered upon this endeavor. Please call me with any questions. Sincerely -_ hut, 'LL.M. C~'~/lp encl. I, theundersigned declare: That I am, and was at the time of the papers herein referred to, over the age of eighteen years. My business address is ~.L., c~u~,~-~ ~.u~~ ~o.~~ T~u,..,x~Cut.,~ C.~ ~~ . on 'addressed as follows: I served the forlowing document(s): - L~N~%c~e~ ~ BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on 1992. It was deposited with the U.S.. Postal Service .on that same day in the ordinary course of business. ~ BY PERSONAL SERVICE: I placed a true copy in a sealed envelope addressed as indicated above and such envelope by hand to the party named above ~ ~ ~ 1992 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ~ ~ ~ California.. VANCE HINRICHS REALTOR April 9, 1992 TO: Whom It May Concern FROM: Vance Hinrichs ~,~.~. Attached is a copy of the Amendment fo the CC&R's for the Los Ranchitos project as executed on September 5, 1967. It specifically amends the use of Lot 86 by permitting Commercial Use on this property. Note in particular that Lot 86 is uniquely excluded from the residential limitationsimposed on other property in the Los Ranchitos development. It may also be of interest to note that a former Home Owners Association officer identified these lots as the only property that would be able to accommodate a church, because of the amended CC&R's. He indicated th'at the change was' specifically made to permit placement of a Lutheran Church on that location many years ago. Use of this area by the church rather than commercial retail or .commercial office use is totally consistent with the original intent of the approved and recorded amendment that is attached. Attachment: Amended CC&R's Parcel Map 14078 showing Lot 86 BAY COLONY EXECUTIVE CENTER · 8777 E. VIA de VENTURA. SUITE 290 · SCOTTSDALE, ARIZONA 85258 HOPE LUTHERAN EVANGELICAL LUTHERAN CHURCH CHURCH IN AMERICA Rcv. Lyle W. A. Peterson Postor 43172 Business Park Dr. Temec-!-; CA 92590 Dear Members of the Commission, It has }x, en brou2ht to my attention that New Community Luthersn Church of Temecula has plans to build church facilities at the comer of Ynez and Santiago in Los Ranchitos. This property was owned by Hope Lutheran Church during the 1970's with the intention of building our' church at that location. However, Kaizer Corporation offered Hope Lutheran property on Rancho California Road in exchange for the church 's Los Ranchitos property. At the time, the location on Rancho California Road was a more desirable location for Hope church so the exchange was made and we are at the location today. .' I share this information with you to inform you that plans for a church at the corner of Ynez and Santiago were in some of the earliest plannin2 sta2es of our community. It is even more crucial in this day and a~e with the difficulties that churches are havinll in !ocatin2 affordable property that consideration be 2iven to the planning of locations for church and syna2o2ues in the future. Rev. Lyle W. A. Peterson, Pastor . q~'l~q -/o~ -' ' 29385 Rancho Calirornia Road , Tcmectlla, CA ~ · OFfice: (71~1) 676-6262 Mailing Address: P.O. Box H"6'~.,} #o ~r'} Pastor Study: (714) 699-1620 PROOF OF E~n~VTC- I, the undersigned declare: That I am, and was at the time of the papers herein referred to, over the age of eighteen years. My business address is on addressed as follows: I served the following document(s): - L~u~c~ ~ BY MAIL: I placed a true addressed as indicated above, on deposited with the U.S. Postal Service ordinary course of business. copy in a sealed envelope 1992. It was on that' same day in the ~ BY PERSONAL SERVICE: I placed a true copy in a sealed envelope addressed as indicated above and such envelope by hand to ~he party named above ~ C 5 ~ ~ 1992. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ~ ~ California. , 1992 at 9: :~0 e~*'~ THE LUTHERAN CHURCH-MISSOURI SYNOD April ! 0, 1992 Building Committee New Community Lutheran Church P. O. Box 653 Ternecula, CA 92593 PACIFIC SOUTHWEST DISTRICT 1540 Concordia Irvine. California 92715-3203 (714) 854-3232 Thomas C. Butz, LLB., M.A. Assistant to the President Buainesa Administration Covenants, Conditions & Restrictions Los Ranchitos Homeownen' Association Gentlemen, .Please be advised that our records indicate that the C.C. & R.s for the area that today includes the Los Ranchitos Homeowners' Association were mended and recorded, as mended, on September 22, 1967. (See Attachment I) Likewise at the time of a subsequent transfer. the Los Ranchitos Homeowners' Association specificall>' agreed to, and had recorded. an Assignment and Assumption Agreement concerning the commercial nature of Lot 86. (See Attachment 2) In order to complete your files we are pieand to enclose copies of the two aforementioned attachments. If thei'e are panics referring to "residential limitations" on Lot 86, they should be referred tO these two documents which specifically exclude Lot 86. which encompasses the three parcels' ~'hich are contained in your subdivision. from said limitations. If you have any questions, please feel free to contact me. Yours truly, Business Administrator ram*mr ('%"N)~C~ NO. 3552) WIIERY, Ai, DecXazant executed · L~eelarat/on el Coven~ntm, Condztzonm and RemtrtCtlone a~eC~ Zo~m I - 102, In ?:ac~ No. J',i:. .mu utrm~ on d map gucorde. October S. 19&~. 'JmstlJ.,. L,. l,,,.mK ',(,, pd~OI b3 CAEOUUh 66, both Ll~CXUa~vu, l.,mmuu,,b H.il,a. l(ucur~e og RZvo:/LUmm COunty. CiliaOttaWA, whLch ~Cl.mrd~ZUl, VdU rucordod on Occo~mr 11, 1966, AI Z~Cr~nt Nu. iOU'I',V, Oft~dhal RueOrals Off Rtvura&di County, Call~ornLa 'I~UL'I.mrMLI, C--m'); ' dllglU'~. d N~,kkCU Uf Admiltzun ~ Torrxtory California, ~.Lah No~lce o£ &ddLt/on of ?erzL~ory added territory ~o ~he iropoFGy covered by ~he DecXsratlonr end wHzama, DeaXeront deaLroe to amend aaid Dec~ara~on~ I¢IBItFAI, pureuant. ~~o A:tLcle 8,02 thereof, said DociMrd- c~on may be amended vL~~h ~he vri~ten conmen~ of the # ~fcy-one per cane (5~) of the property 8ub:)ecC co the Dec~erd- ~lon~ and WILgREAI, Dealer&at ~e the ovner o~ over cent (52~) of the proper~y sub.}ect to the DeaXa:atLon. NOWr ?HJR~YORBe DI~:LARAHT HZKBBY AI4II~DS ~H~ AVOKES&ZD DEC~.ARA?XON O~ COVDdANTIs CONDXtXONI I K~BtRZC'FZOIIB AS FOL,t/)WSg J.. 'this A~enda~nt ~o DeClaration of Covenan~s, COndx- tLons ~nd Rua~ric~lops shall apply only to Lot 86 in Trac~ No. 3552, 4rid ~{} no o~her propor~y subject co the Declaration. 2. WtCh rompoct to sold DLk'l.,C'dr. it,n t:i dUIUCUCl tn tr.s on~Lroty and ~n Xt.I I,Zaco il ~n- 3. WLCh J:eopeGt ~o LoC 86, AL"Cicle 4.05 oK tlon vhe3,L be deleted In its encLrat¥ and in Ltl place visaIt earted the ~o3,1adAng, "4,05 Jj~AI, A3,3, eAgna on LOc 86 oh&3,1 only be QL much alma, doa:Lgn, co~or and leoalLen am ere epocLfLeaZly appr~ved by >.he ~zchitecture3, Contto~ CorneLf. coo In 4, WLth reapwoO to Zx:)t 86, the fallwing utaal~ be ,tJded al A, rtLcZe 4.08(d) of the I)eo3,erat~on0 "(d) PrevieWart she3,1 be made for adequate park~nU on LOg 86 v~th rigplOt tO shy cO~eecc:LA~ usa thereof. ~rchLteotural Centwe3, CameLtree shell not approve the deukcjn or any improvement. unlace adequate ptovLeLone are made/or pazklng and much pazkLr~ plan mhall be aubm~ttecl to the · AzchLtectutal Control C~wnuLtLee vLth any buLZd;Lng plane." end of Az~lcZe 7.0~ cf the Dec~&rat~ont 'CommercLal umee permitted under r. he Count. y at It&voruLdo ~on&n9 cLaee~Lcat~on C-P , as &mended from tl.,~ LU ~l~k~, bhdJl 4~iO I,u imrmttted., of ~Hess~q 'JruiZs, nuts, vqeg~les and o~er qricuL- cural ~odu¢~s on s.y lee," .?, Sxcepg as heroin expressly lmended0 of CoveseAl:o, CondiCi~no sod Reer, ricg~onl affirmed end epptoved. ZN WZTNS88 WH~I~,OF, the undersigned hoe executed i~en~ng to ~cl~ecion *o~ C~en~gs, Conditions on. ~he day and ~ar ~/rst ~e i (Ub~lx'~rati. r,:; so m P. lrtnar of a Partnership) "ATE OIP CA/.,ZlPORNZek ) ,e/eCOfJNTY O!P Aleads ) nnSeptember 31~, 1967 , before me, the undersigned, a Hater/Ituh|it. and for amid State, peraonsZZy appeared finnale kn~MI tO me tO be the YJee PresL~aent, end ' H~V J~. Ih~t,h,e known to .me to ba rheAselates,. SeCretary Of KAZSER RANClIO CALZFORHrA, 'tHe',. the co/potation that exe~jt'ed the within Lnateument and known be the persons who executed the within instrument on corporation, said ~orporation being knct~n co me to be one of f. he partseth or RANClIO CAT*TFORN~Ae the partnerlhLp that exe~'q~ted the within instF,amunt and ocknovXeaSgNI to me that lush gotpetition exo~Nted the game ae such partner Ind that euc*h pertnerihip axedted the same, ~ J)Jlwe m I (SEAL) b'l"A~'i: Or' CAI, ZXmORNzA ) SS. COUirtY OF Alameda ) Of, ,~epteeber t8~ Ln and for eaLd StaLe, pereonaZZy appeared F~H · known tO me to be the VIce ProeLdest, end ~WeF Q, ~Z~oel~ known tO me to be theku, ll~n& hOtICily Of tB~ PROPERTZES, ZNC.. the cooperation that exerted the vLthLn LnetruNnt and Xn~n to me bu the persons who exo~ted the ~LthLn Lnltwument on behm~ coL'pnrdt. Jeu, gILd cc, cparatLon being knhn t~ me to be one of th0 purrnut=, u~ I~N~IO ~f,ZFORHZX, thv pertnetehLp t~t exerted the vLthLn L,i*:eumu;n and ackno~ted,jed t~ me thdt much cot~tlt~O~ exerted the portn,r a;itl ~hd~ Htl~')l I~drtnet,hLp exerted the lINe ~I'I'Nt;:;;; my h.l,d .HIll f~fr i;:id I .qoal, '.~ .le,.ei tlt*l· ~~~kl~lL.~Cbf%%~_~f , before me, ~:he undersigned, a Notary PuiJtl,, END RECORDED POCUMENT. W. D. BALOGH. COUNTY:RECORDER .. :.' !. ,." ' ' ~ Imecu · I orn 8 ' .; 1 ~ 1 . ..... ' *' ' v , . cember . t980. r~~: ~r~...% al "ASSZCNOR") and the O$ ~NCilZTOS H~EO~ERS .3SOCLt. TION. ~.' :~. ...~::~' - ~, ,, ..... ~ ~:' t ' ~ ~ ~EREAS, ASSZ~NOR*e predecessor ~n LnceresC executed , Declara~ton ? : *.~ ~IER~S, che DecLaraCLon TerrLtory diced Au ueC 2~ 1061, 3rid , - ~.";: J C,iLEornla, to IncLude Lo~e I chrou h d ~ ~ ... ::. - :C m . .~ ~ .~n I m,p recorded September ' ' ~ Document .Io. 8~656. in Book - ~7. ~,R, 86 and C7, o~ HLecc~Lantoum Nape, RecorJ; -~ R~vrrsLde · - . .- ~IILK~S, the Deck·rat·on ""'~' ':: ;': '~:i.~":': ~' TerrLcory diced Hay !&. X968 and recordtJ on Au ulc 20. 1968. ·, · - . ,- ~. rlq 11 . * . . ' . ~. ~; ~IE~A-S, the Derllr'/t[on wam amende~ by a N,ctce e( AJ P re~ord~u on October 2 1~ a, DocmenC No. 9510~ In B~ok ;.~ '~ . .~ . abe 100 of ~tlps R,cord~ ~! ~Lv;rlLd, County C,Zt~nrn~a; and '~ '.~~:~~ MIER~S. ASS~CNOR no'lnnper ok~ e.v Propert~ lub;ecr t- rh; Oecta- ~,- ~.~..:."~";...-. . ~.__..~,'.' ~:,-~'~--.- :"";';'~;~-"T-~ .. ....' ...7:--,e" ' I;HEGE,~S ASSZGNOR dealroe co ,e/In co ASSIr|NE£ aLL of ice rLthce and nh|[KeCtonl el DecLarenC under the Declegation end Co have ASSZGNL:' ~,~.~ the Suture ob/Llacione el DactaranCchereunder; and IJHERF..AS. Article VZZI. SetcLan 8.03 oE the OectaraCion'eepovurl ASSZG~OR CO gilLSo LCl rLlhCe. ducLee and obXtiacLo,e ae DecInfant; NOTJ THEK~FORE. the pe~cLee h~reby aSree am Z. Except ae hereShatter eec forth, ASSZCNOR hereby aleL ne co ASSIGNEE 4trot LEa rLlhcl and ovate el DecLareriO under c~e Dec- ~ara:Lon. Is amended and ASSXCk~OR hereb ella defiletel to ASSIGNEE · t~ or Lee dueLee an~ 'ob~LlecLone am DacEcrane under .the DecLe~ac~en. J. ASSIGNEE hereb~ accept· the ~o~eRo~nR Aelt rimeric and hereby aleume~ ·hd , reel'co artorB a~t dueLee and obTLSactona co be ~er- f~rmed t~ A~STGNO~ ae ~ecta:anc under the DeclareCLan, ae b...~.~b.*ep ro~;at~ 'etgne. Co be': Zocaced"on" amid "~oc: 8~ an1'. It LI here~y expressly underlCood end agreed he~veen. lhe pertill horo[o Cha~ in addLeton Co ASSIC;NOK*s .lp,rova[ ~g the/bore accord4,~e ~Lcn ~he provtelnnl O[ ~he DecZ~rec~on. IN ~ZTN[SS I,~IERLOr. ~he parCtel have executed ~htu tne~r~enc a: of ~he dale ~trec ·hove ~en. e'aSl 2 of ) ACICNO~T.r, DCHENT STATE OF CALIFORNIA ) ) COUNTY OF RIVERSIDE ) kno~ to me co be che ~~iTOS HOHEO~ERS ASSOCIA- TION. the corporation C~eC e~ecg~ed the viChin InsUrgent. knu~. co me :o be Lne perran vho execg~ed ~he vl~hin lne~ru- m~.nc .on bahaLE oE c~.e cerpere~ion therein nsed, end ecknovled~ed to me ~hec such corpureciou executed rh~ v~hin Instrument pursuant [~ l~s by-laws ore reso~gcion o~ l~s board aE d~rec~or~. ~tTNESS my hand end ~1,~';~'~*~" ' ' '~ ~Kna~ure o b' SEAL AC~O~ED<;~ STATE O~ CALIFORNIA '.) ) COUNTY OF RIVERSIDE ) On r~ruary 4. 1981 . beEore me. the undereisned. hoce'~/"~ in and [or ~d ~cACv. arsonally appearea TH~A~ w TA~RA . ~no~ ~o me co be the ~7i[OR~Z~D A~ENi' or ~COR R~LTY. INC.. ~hu cot oration :~ac .xecuced the v~chin [nsc:~enc. kno~ co me co ~e the. pcLson vho executed che viEbin ZnsCr~enc on behsl[ corpora[i~n Lheretn n~ed. end ack,ovledR~d Cu me Chic ,uch or · reeolucLon n~ ~cl board o, directore. ~'ITNESS my hand and o~LcLa~ leel Lynn [. HIllIS ~ LYNN [. HI~I$ Sr. AL rare ) oE 3 END RECORDED DOCUh4ENT DONALD O. SULLIVAN. COUNTY RECORDER BUILDING COMMITTEE LOG January 13, 1992 ""~a{lding Committee members Louis Todd and Paul Yelton aCtended the Los Ranchitos Home Owners Association Board of DIrectors~ meeting ac Mr. John Marshall's home. The Board was told of the.intent of our church co build on one loc on the corner of Ynez and Santiago. The other two lots would be held for future church buildings. The Board members discussed and asked questions relardlng the proposed church facility. The chairman of the Board, Dr. Sweeney, asked the question, "Would our church be willing Co sign an agreement with the association sctpulacinS chac we would never sell the two additionallots for connnerclal use~" We stated thac we would. After twenty minutes of discussing the church building plans, we were excused from the meeting. February 3, 1992 7:30 PM Building Committee members Louis Todd and Paul Yelton hand delivered landscape plans, site plans, building elevation plans, civil engineering plans for BradinS and drainage, plus an archicecc's hand made model of the church building co :he home of Architectural Control Chairman John Marshall. Also, we submi=ced with the drawings and model a letter reques=ing the Home Owners Assoclacion's timely response for approval. Mr. Marshall was advised by Louis Todd that we would appre ciaCe a decision for approval as soon as possible, and he reminded Mr. Marshall =ha: ~he association had 30 days in which Co reply. February 13, 1992 Fred Chaffey Building Committee members Fred Chaffey and Paul Yelton ateended a Los Ranchicos Home Owner Association Board of Directors' mee~i. nS ro participate in a question and answer discussion regardinS our church property. This meeting was held ac Callaway Winery. This meeting was advertised in che Los Ranchicos Home Owners Association Newslet=st chac was entitled "Winter 1992." The paper requested owners Co at=end the mee~inS or write a letter stating chair concerns on our plans. The letter scared, "New information is available about.proposed church." Approximately three home owners.. along with the regular board of directors, · actended the meecinS. One owner responded with a letter thaC was negative 'co the church building.- An open quasCion and answer meeting was presented ~y Charley and Yelcon co chose accendinS. The meecln~ ended with Yelcon asking board president.- Dr. Sweeney. for a fas~ reply. Dr. Sweeney said he would present ic co' ~he next board meeC~PS. AC this time we were excused from the meeting. February 14, 1992 7:30 PM Louis Todd called John Marshall, Los Ram:hlcos' Architectural Concrol Chairman, for a proStess report and co ask If any more information was needed. Mr. Marshall said, "No." BUILDING COMMITTEE LOG - Page 2 FebTuary 26, 1992 7:35 PM -~Cil~ouis Todd called John Marshall, Archi~ec=ural Control Chairman, for a progress report. Mr. Marshall said he would be calling us in a few days. March 5, 1992 Thirty days have elapsed since plane were submi~ced co ~he Architectural Control Chairman. Therefore, according to the CC&Rts, page 9, our plans are approved .because Los RanchiCos Architectural Control Commi~Cee failed co approve or disapprove the drawings within thirty (30) days, March 12, 1992 Board of Direc=ors meaning - No replay. April 9, 1992 Board of Directors meeting - No .reply. The'board soil1 has all our plans and building model. 80.1 Dovcr Drive :' ile~i'Pu}'L JJet~ch, C:.li/'oraaln 92663 A}~ND,~$ENT TO DECI,AJU~TzON COVENANTS, CO~:DITIONS AND RESTRICTIONS (TRA~T NO. 3552) ~I[ZS AMENDMENT ~D R~S?AZC?ZONS~ m/de ~his 5~_ h dBy o~ Sep~embe~ , 1967, by ~CHO CA~I~0~ZA, a pa=~ne=ship, c~posed of ?emecula Inves~men~ Company, a California co=po=a~ion; ?emecul~ ~=o~e~ies, Inc., ~ ~ ,rs (hereinafter referred to as :T 355~ cop5': DO NOT REMOVE _sE~L~: uted a Declaration of Covenants, ring Lots 1 - 102, in Tracc No. October 5, 1966, as Docuznen= 9h 66, both inclusive, of Niscel- e County, California, which .er 11, 1966, as ln,~tr~..on.t No. side County, California (the ]ition ~o Territory dated Au;;unt P;i 1967. :/as rc'~crc. c:] on .c. epto,,}her ~0 , leG7 as ......... a____ , :.:?.r, "7 , California, which Notice of Addition of Territory. added c~r~ain territory to the property c~versd by ~|le Deckaration~ ~l~d W|~REAS, Declatent ~esires to amend said Declaration~ and WI~REAS, pursuan~ to l~ticle 8.'02 thereoE, said Declara- tion may be amended with ~he written consen~ of ~he owners of fifty-one per cen~ (51%) of the property subject to the-Declara- tion~ and V~IEREAS# Declaran= is the owner of over £ifty-one per cent (51%) of the property subject to the Declaration. NOW, T]~REFORE~ DECL~AI~T HEREBY 'A~S TI|E AFORESAID DECLARATION OF COVENANTS, 'CONDITIONS A~D RESTRICTIONS AS FOLLO~S= 1. 'This Amendment to Declaration of Covenants, Condi- tions and RestriCtions shall apply only to Lot ~6 in Trac~ No. 3552, and. to no other proper~ subject to the Declaration. 2. ~ith respect to said Lot 86, Ar~.~cle 3.01 of Declare=ion ~s deleted in i~s em~ire~y and in its place is in- served ~he ~ollowi-gz "3.01 No portion oE Lo~ 86 shall be sold or lenscd unless and until .the ,%rChitectural Control Co~n- mittee approves tl~e ~t~al~e and loc~tion of each portion of said Lot 88 to be sold or leased." - 2 - 3. Nith resp.ect to Lot 86, Article 4.0~ of the Declara- tion shall be 'deleted in its entirety and in its. 'place shall be setted the following: .4.05 ~iqns. All signs on Lot 86 shall only be of such size, design, color and locntion as are specifically approved by the Architectural Contr'ol'Commi tree in-writing." 4. With respect to Lot 86, the following shall be added as ~ticle 4.08(d} of the ~claration: '" (d) Provision shall be made for adequate parking 'on Lot 86 with respect to any co~ercial use thereof. The Architectural Control Co~nittee shall not approve the design of any improvements unless adequate provisions are made for parking and such p~king plan shall be submitted to the Mchitecturul Control Con~ittee with any building plans." 5. With respect to Lot 86, the following shall be adducl at the end of Article 7.01 of the Declaration: "Co~ne~'cinl uses permitted under the Count}, of Riverside zoning classification C-P , as amended ~ro.n tisae to time. shall also be permitted." 6. With respect to Lot' 0G, Article ?.02(a) of the D~cl~ri. tion shall be deleted At, AtS entirety Axm~d An Xtb ~i,.t ..m ..... be inserted the following: "(a) All lndustrl;A1 ancl mnnufacturing, - 3 - the drying, :~acking, cnnning, E~ee'~in9 o= other methods Of processing fruits. nuts, vegetables and other ugri. cul- rural products on any lot." 7. Except as herein expressly amended, the Declaration of Covenants, Conditions and Restrictions is hereby ratified, re- affirmed and approved. IN WITNESS WiiEREOF, the undersigned has executed this Amendment to Declaration of Covenants, Conditions and Restrictions on the day and year first above written. (SEAL) (S'."-AL) RANClIO CALIFORNIA, a partnership BY: TEMECU. IA'?'f~NVEST|:''~'NT~bO~''P~-tTY, a Ca-l~ifG~'niaCco2oo~'~icn ' :' ..... ' /'~-'~"~ 0'-''-~-'/ Par tner Tr. NECULA PROPERTIES, INC. . a California corporation ItS; ' ,-:'. i '~'. .. BY: KAISER RA~:C!;O CALI~'ORNIA, INC.. ItS "~" ' '~ " ~,~. /J. ./'.___'.// -./ l~r' .... I'Or t.:iuL' __~l.!...:.l~t.r ]8. 1q67 , before me, the undersigned,. a Notary PublZc nnd lot said State, personally appeared D~,~,I I~,'~'::.,. own Lu inc ~o be ~he Vt~ Prosident, and I;~.., '.:~hm. , own to ins to be thoA~nj~as~Secretary of ~ZSER i~N~IO ~%LIFO~A, IHC., u curl,oration that executed the within instrument and hnown to me to the I~rlons who executed the within instrument on behalf of said rpor;~tion. said corporation being known to me to be one of the partners RAIICIIO ~LZFO~ZA, ~he partnership that executed the within instrument d acknowledged to me that such corporation executed tile same as such rtner and that such portpership exerted the same. 'rNESS my hand and official sea'z. "~ ' ...... ~lO:.ley P~Lhc ~f#h,. Ot N3me (Typed or Printed)..,a (s~.^x,) 'ATE OF CALIFORNIA ,UN~' OF Alameda ) SS ) · .. September 18, 1967 . before me. the undersigned, a Notary Public , a.ld for Gaid State, personally appeared ,sun to me to be the Vice President, and Ro-~r G. OnlZo:~'ey .o~n to me to be theAssistant Secretary of TEI.IECUUI PROPERTIES, INC., ,o corporation thaL executed the within instrument and known f-h~ pet'~'n~ ~:~n cxePut-~d t:h~ '..*t. th~n i.n~trtlment ,rpor.,tion, said corporation being known to me to be one of the par~nur~ I~NCIIO C~LIFORHIA, tile partnership that executed the within instrument -~d ocknoulodged to me that zuch corporation executed the same as such ,rtner and that such partnership executed the some. [T:41:SS my hand and official seal. '~ IL.,: ;(;:rtL Name (Typed.o~ ~rLn~od)- I':,Tr, OF (.:/'.|.[I'OI~,!IIA #tl;.-r~. 01' ORAI~G~ ) ) ss. (SEAL) · .September 7, 1967, be[ore .,e, the undersigned, a Notary !'ublic~ n ~,nd fur :did Stete. pcrsonally appearec1 II. L. Caldwell .... ,.,, to h,u to b~ ~l,~%'~ce Pr~ident-, a,d I1. tl. Pot:er hc ~'c:'purJtion thoL oxecu~c,~i~o ~ztJiin instrument and knObn tO ~ ti~.: f,cl',nfa= tvltO L'xe~L'd Lhe t~itilju illStrtl111,~11'~ OI1 bOilfill Of '~l'~';]~i,~n. ~Jid cori~oratLon I:c/ng kno~,n to me tc be one ; I'U, NCIIII CAI.ZI'ORIlZA. Llle I,arLnerihxp Lhat executed the wiLhin-il;st. lu:r, :'.s ,.;I ;,c'.n,,.dic. jUo~ to r.,e ~haC such Corl,oL*;itioll e:(ccll~ed ~]le CDI, Q a:; ..uCl: ,ILltot .,rid thut st~c'}: partltrr~hip c::ccu~cd titc ~nlno. k! GINGI CONSULtANti MARK I PARCEL MAP NO. 14078 mvlWl~D/COUNTY, Still' ~ CALIF~IA .\ X om · PARCEL MAP. NO. 14078 IIIVIN$1DIr COt~llv, ST&I( OIr CALIFOIINI& NOTALqT ACmNOWLEO, OIIdENT · lltW.! mSumakC(AM) T/lUST COUNTY (;vEYON'I CERTIFICATE :,~..".'::::, ,, BOARD 0;' EUPIRYIIOe'$ tENTITlE&I( ATTACHMENT NO. '5 CORRESPONDENCE S'tSTAFFRPT%27AFq:tt. AL,CC 10 MEMORANDUM TO: FROM: DATE: SUBJECT: City Council/C.,i[~ager . G Th ary ornhilf~ Director of Planning November 2, 1992 Correspondence for Appeal No. 27 The correspondence opposing and supporting Appeal No. 27 are att~._ched under separate cover. vgw W1M~ERVO~*LANNIN~AI~,p, AL.2'? ATTACHMENT NO. 6 DEVELOPMENT FEE CHECKLIST S%STAFFRPrT%27ART'AL'CC 11 A'I'rACHMENT NO. 6 CITY OF TEMECULA · DEVELOPMENT FEE CHECKLIST CASE NO.: Anneal No. 27 The following fees were reviewed by Staff relative to their 'applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation). Public Facility (Library) Fire Protection Flood Control (ADP) Condition of APProval Condition No. 22 Condition No. N/A Condition No. 71 Condition No. 69 Condition No. N/A Condition No. 8 Condition No. 61 s~sTAr-ra~?A~L. cc 12 ITEM NO. 16 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk November 1 O, 1992 Public/Traffic Safety Commission Appointments RECOMMENDATION: Appoint one member to serve a full three-year term on the Public/Traffic Safety Commission. BACKGROUND: Pursuant to Council's direction at the meeting of September 8, 1992, the City Attorney prepared the necessary documents to accomplish the merging of the Public Safety and Traffic and TranspOrtation Commissions. On October 27th, the City Council. approved the ordinance establishing the Public/Traffic Safety Commission and the resolution establishing guidelines for the new Commission. There are six commission members whose terms of office have not expired, three from each of merging commissions. One appointment is necessary to complete the new seven-member Public/Traffic Safety Commission. The vacancies on the commissions were advertised in accordance with the Council's adopted policy and procedure for making appointments and re-appointments. The applications received were forwarded to the Council's sub-committee members for the Traffic and Public Safety Commissions. Mayor Pro Tem Lindemans and Councilmember Muf~oz have recommended thereappointment of Commissioner Jerry Godnick. Attached are copies of the applications which were received by the filing deadline of September 15, 1992. ATTACHMENTS: Copies of Applications for Appointment CITY OF TEMECULA APPUCATION FOR APPOINTMENT TO COMMISSlON~-~'~ Qualification ReQuirement: Reddent of City of Temecula NAME: 3'E;~z ~. Gob,,,.', c'-~ · YEARS RESIDENT ADDRESS: ~5~ AVe~,~A ~G~A ~E~T~, OF ~MECU~: ~ HOME PHONE',,71 OCCUPATION~r~,~7'/~2 EMPLOYER/ADDRESS: WORK PHONE: EDUCATIONAL BACKGROUNDIDEGREES: -'AA ~E~r~-~ - EL A ~z~ u,,e~= u c c~ ~ o,, ~ LIST ANY RIVERSIDE COU~Y OR OT~ ~ COMM~ OR COMMISSION ON WHICH YOU HAVE SERVED AND THE ~R OF SB~CE: BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necesSmryh Z ,Sec, e~.,6 / ~q~J ~ ~t~J 'A~.~7" ~J 77t/S ~.4~/-f~f,S~',d~J I unde~d ~ ~y or dl ~~ ~ ~b fo~ ~ ~ vexed. I c~ ~ ~ ~ease of information for publicity purposes. SIGNATURE: 7 DATE: ,',~7-12,/ .._ Park Drive, Temecula, CA 92390 (714) 694-1989 2/form~/COM-O01 APPLICATION FOR APPOINTMENT TO COMMIS$1 0udificadon Requirement: liesMatt of City of Temecula COMMISSION ON WHICH YOU WISH TO SERVE: NAME: ADDRESS: ,..tu 5,'/c> LP~-- ~Z- ~,.'~. HOME PHONE: YEARS RESIDE~ OF TEMECU~: WORK PHONE: ~/~ - ~ ,7~/~ OCCUPATION: EMPLOYER/ADDRESS: (~ ~C-~ ~.c. P EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: BRIEFLY STATE WHY YOU WISH TO SERVE ON TffiS COMMISSION, ~D WHY YOU BELI~E YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use addffiond paper necessa~): ~ ~-- ~ 3/A~ ~~~ l~ ~ ~. I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. SIGNATURE://~,de/,d,/~~o DATE: f"' ?'/q2 PLEASE NCTE: Apldirmtio~s wil be kept on fie for consideration of future vacancies. Ratum to: City Clerk'e Office, 43174 Business Perk Drive, Temecula. CA 92390 (714) 694-1989 2/formelCOM-O01 CITY OF TEMECULA Qualification ReQuirement: Resident of City of Ternecula COMMISSION ON WHICH YOU WISH TO SERVE: ADDRESS: .OME .HONe b q q- WO. .HONe YEARS RESIDENT OF TEMECULA: EMPLOYER/ADDRESS= EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR F SERVIC ~r ORG NIZATIONS TO WHICH YOU BELONG:,~.Pr ession , technical, c munity, service): BRIEFLY S';ATE WHY YOU WISH TO SERVE ON THIS COMMISSION; AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): . . · · - I understand that any or all information this form may be verifmd. I coneant to the release of this information for publF~/. purposes. . - I F DATE: PLEAS ~TE: Al~licatione wi be kept on fie for consideration of fuNre vacancies. Retum to: C rk's Office, 43174 Business Park Drive, Temecule, CA 92390 (714) 694-1989 2/fon'~s/COM-O01 CITY OF TEMECULA lu~,'.~r,_h--D.L) ~ APPLICATION FOR APPOINTMENT TO COMMISSIO (lualification Requirement: Resident of City of Tmmecula NAME: L_-t,"~:~ (~,O~,~)\'~e__~ Y~RS RESI~ ~ OF TEMECU~: ~ OCCUPATION: EMPLOYER/ADDRESS: ~j ~ EDUCATIONAL'BACKGROUND/DEGREES: LIST ANY RIVERSIDE COU~ OR OT~R C~ COMMI~ OR COMMffi~ION ON WHICH YOU HAVE SERVED AND THE YBR OF ~VICE: BRIEFLY; STATE WHY YOU WISH TO SERVE Ol~r~S COMMaSION, AND WHY'YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION, BE SPECIFIC (Use additional paper if necessary): ~formation for public~ ~uffioses, 2Mormm/COIVt-O01 CITY OF TEMECULA - APPLICATION FOR APPOINTMENT TO COMMI ,~***.?,, ~; Qualification Requirement: Resident of City of Temecula NAME: ~a,~a ~ '~aeve.~ ' ADDRESS: PHONE: OCCUPATION: YEARS RESIDENT OF TEMECULA: EDUCATIONAL BACKGROUND/DEGREES: t LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONSaTu_O~W~HICH YOU BELONG: ~,o~..sional, technical, .ommun . service): '~ Now ,~0'7'~ef CLJ~ -- V . Op?leriT el, uS- # iC 4-40 O~uf,,gOpf, tc~,'ag& %e,~,el,)-t'~- BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary):' I understand that any or all information on this form my be verifmd. I consent to the release of this -''''o-'''o' for . SIGNATURE DATE: ~ - / ' 13_ PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43174 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forme/COM-O01 ITEM 1'7' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning :' November 1 O, 1992 Approval of Temporary Outdoor Activity Permit for Old Town's Rod Run RECOMMENDATION: City Council provide direction to staff: SACKGROUND This year, as has been the case for the past couple of years, staff has received an application for a Temporary Outdoor Activity Permit to authorize the Annual Rod Run in Old Town. However, unlike prior years, this year the organizers of the event (Old Town Merchants Association) are proposing to charge admission to the event. According to the Old Town Merchants Association, this charge is necessary in order to provide additional control over the event by limiting the number of people. The event organizers have received complaints from the car owners that there was insufficient protection of the vehicles being displayed. Normally. this type of request is handled at the staff level; however, because there does not appear to be unanimous support amongst the members of the Old Town Merchants Association relative to the closure of the streets and changing of admission, it was staff's opinion that the matter be brought before the Council for direction on the request. FISCAL IMPACT None. Attachments: Memorandum regarding street closures, dated October 12, 1992 - page 2 Letter from Old Town Merchants Association, dated October 15, 1992 ~ page 3 Rod Run. site plan (Old Town) - page 4 S%.STAFFRPT'~,CC ATTACHMENT NO. 1 MEMORANDUM REGARDING STREET ENCLOSURES, DATED OCTOBER 12, 1992 S~STAFFRPT'~IOORUN.CC MEMORANDUM TO: FROM: DATE: SUBJECT: Gary Thornhill, Director of Planning Malthew F sisrant Planner October 12, 1992 Strut Closures: Special Events In Long Beach and How They May Relate to the Rod Run Through a brief discussion with Joanne Bums (she arranges,many Special Events for the City of Long Beach, some of which require sLreet closures), I was informed of the following information which might relate to current Rod RUn issues: Merchant Associations need to be behind the event 100%. One dissenting merchant can produce a good deal of discord when organizing an event. The event is a good way for merchants to expose their.businesses to the local community through advertising and by vending their merchandise or product out- of-doors during the event. Each and every individual is charged admission to enter events in which the streets are closed, however, complimentary tickets can be arranged in one of two ways: The merchants can become co-sponsors of the event and purchase tickets' which they give away to people who patronize their shop during the event, or be The promotor will contribute tickets to the merchants who in turn dispense them to their patrons. The loss in sales revenues which merchants claim will happen to them is a 'perceived~ loss and not an "actual" loss. Their sales revenues 'may decrease during the event, however, due to the exposure that they receive from the event, they will actually gain prospective customers from the event. In the long run, the event proves to benefit the merchants. If you have any questions or comments, please see me. ATTACHMENT NO. 2 LETTER FROM OLD TOWN MERCHANTS ASSOCIATION, DATED OCTOBER 15, 1992 S%,STAFFRPT~OORU..CC 3 Old Town Temeculz Merct ts ssociztion P.O. Box 1981 · Temecula, California 92390 October Gary Thornhill Director of PlanninO 43174 Business Park Drive Temecula, CA 92590 Mr. Thornhil The ballots received at the Rod Run '93 information meeting with tne merchants, residents and property owners of Old Town on OctdOer 8 resulted in the following vo~e: 3.3 votes for gating and charging admission 21 votes against gatin.g and charging aOmiss~on mo opinion 4 noz eligible 8 aosentee ballots in favor. of 9ating and charging =ote-~ counzed were only those Oallo'Cs received b,.,' either a m~rcj;-,-a!-~. resi dent. proper~v owner of O1 d Town or a member o,' tin To~,~n Temecula Merchants Association. ;'.lercPamts were · .'er~.eo wit~, the help of C'ity Cashier, Zenaloa Smith on ~lc-_zz. er ~3. O.T.T.M.A. memOers were verifieC~ throu,Tn Board 'Tecre:arv. ~:'rooerty owners were veri+ieo by printout =,r.s i.zeC b'.' Continental Lawvers Title Company and resident eo.3re~es were visited. T. ne OtT.T.M.A. Board of Directors met on OctdOer 14 and e.=ter -eriewind the results of the ballots. vo~ed unanimously -.o .no.~e ~orward with the Rod Run' '93 event. The RoC Run Commi%~ee was- directed to begin pulling perpins. licenses. !et:e,-s of permission. e~_c. and Early Times was also directed to begin their advertising for narticipants of the :w.~-event. [~ -'Go he. re a,;y Guestions or concerns renaroing this letter. clease con~_act me personally. C- ~ r. ce-e] .,'. .c i ~ ?.ec ~..er. F'resi Gent .]1 ,-' r, ..,r, T'emec,.,l a Merchants As_=.ocl ati ATTACHMENT NO. 3 ROD RUN SITE PLAN (OLD TOWN)' S%STAFF~N. CC 4 ~S/ .ITEM NO. 18 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Councilmember Mu~oz November 10, 1992 Discussion of Rent Stabilization Requests by Residents of Heritage Mobile Home Park City Clerk June S. Greek BACKGROUND: Councilmember Mu~oz will finalize a staff report on this item and forward it to you under separate cover. JSG. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: CITY OF TEMECULA I, City Council Councilmember Mu~oz ' November 10, 1992 SUBJECT: Discussion of Rent Stabilization Requests by Residents of Heritage Mobile Home Park RECOMMENDATION: Direct staff to explore the type of rent stabilization ordinance that would be in the best interest of mobile home residents of Temecula. DISCUSSION: Members of the Heritage Mobile Home Park have submitted petitions with over 100 names requesting that the Council explore and establish some form of rent stabilization program for the City. (Petitions have been submitted to the City Clerk.) A couple of months ago, at the request of some residents of the Park, I went out to the Park and made a presentation to a group of approximately 50 residents on the highlights of the current County Ordinance 606.4 and other city rent control ordinances such as that of the City of Riverside. The majority of residents are currently under a five year lease, now entering the last year of that lease. The Park owners have offered a new five year lease to the residents with the incentive of foregoing any rent increases for the last year of the old lease if they sign the new lease before November 16, 1992. (Originally the deadline was November 6, 1992. I requested an extension of 30 days, but received only a 10 day extension to November 16, 1992.) Some residents feel pressured and uncertain of what to do. Some issues that I feel the Council should examine are: 1. What are the concerns that are making some Heritage residents insecure? 2. Can we mediate concerns between the owners and residents? 3. Do we need a rent stabilization ordinance for Temecula? ATTACHMENTS: Current lease Correspondence from Park owners to residents. Resident Reporter Ordinance of City of Escondido California Civil Code Provisions mobilebeen estates 31130 General Kelrney Road Rlncno C. alifornil, CA 92390 (71 4) 676-5113 Dear Resident: Re: ATTACHMENT "A" New Long-term Lease August 17, 1988 AS many of you are aware, I presented a draft of a new.long-term lease during a meeting at the Park clubhouse on July 27, 1988. This new lease resulted from discussions I had had with numerous Park residents. After our meeting of July 27, 1988, many residents requested that we finalize the new lease and make it available for signature to the Park residents. Accordingly, the final lease'is attached hereto for your consideration and execution if.you choose to accept the lease. Both during and after our meeting of July 27, 1988, I received many comments and suggestions from Park residents. I have attempted to respond to most of these comments and suggestions in the final new lease. The changes to the draft lease are summarized below: --Terms of Lease: By far the most requested change was to make the lease term five years rather than four years. Given the generally positive acceptance of the draft lease at our meeting, I consulted with the Park Owner ahd we have agreed to 'extend the term of the lease to five (5) years. --Normal property tax increases: We have changed the leaseto provide _ that there would not be any additional rent adjustment for normal Park property tax increases which do not exceed two percent per year. --Uninsured losses: We have changed the lease to provide that any rent adjustments for uninsured losses would be prorated over a period of at least twelve months and would therefore not be payable in a lump sum. We have also provided a list of the types of insurance coverage which the Park currently maintains. --Increases on resale of mobilehomes: We have indicated again that there will be no rent increases solely on the account of a sale of your mobilehome. We hope these changes are responsive to your concerns. The New Lease Packaqe: Attached hereto is the new lease. On the back side of this letter is an instruction guide which tells you what you must doto execute the new lease and make it effective. This package contains the following: three identical copies of the 3- page Lease Summary (one for you the Homeowner, one for the Park Office and one for Vedder Park Management) and the Standard Terms and Conditions of the Lease, which is attached to the Homeowner copy of the Lease .Summary. Please note that the Lease Summary contains your new space rent which will be effective December 1, 1988. If you have any questions concerning the new lease, please contact your Park Manager. 00434 Director of Operations INSTRUCTION GUIDE FOR SIGNING NEW LEASE Your new lease package should contain the following documents: 3-page "Park Office" copy of Mobilehome Space Lease Summary; 3-page "Vedder Park Management" copy of.Mobilehome Space Lease Summary; 3-page "Homeowner" copy of Mobilehome Space Lease Summary attached to a copy of the Standard Terms and Conditions which also contains Exhibits A through F. If your package is incomplete, please contact the Park Manager. Please note that we (the Park Owner) have already signed all three copies of the Lease Summary. If you wish to sign the new lease and make it effective for the five-year term from December 1, 1988 through November 30, 1993, you must do the following: Please fill in the information about your mobilehome in the space provided on page 1 of each copy of the 3-page Lease Summary. If your mailing address is different from your address at the Park space where you live, please fill out your mailing address on page 2 of each copy of the 3-page Lease Summary. Each Homeowner should siqn and date page 3 of all three copies of the Lease Summary. After you have completed steps 1-3 above, please return to the Park Manager, the completed, signed and dated copies of the Lease Summary marked "Park Office" and Vedder Park Management." You should keep (as your copy of your' lease) the Lease Summary marked "Homeowner" with the attached Standard Terms and Conditions and Exhibits A through F. IMPORTANT: Your lease will not become effective until you return to the Park Manager the completed, signed and dated Lease Summaries marked "Park Office" and "Vedder Park Management." 00434 Homeowner 00266 8/5/88 THIS IS A LEGALLY BINDING CONTRACT PLEASE READ IT CAREFULLY BEFORE SIGNING MOBILEHOME SPACE LEASE Notice This Lease will be exempt from any ordinance, resolution, rule, regulation, initiative measure or other governmental act of any local governmental entity. which establishes a maximum amount 'that a landlord may charge a tenant for rent (including the rent a park owner may charge a park resident or homeowner). Lease Summary Mobilehome Park Heritage Mobile Home Estates Space No. Homeowner Mobilehome: Mfr. Serial No. State No. Lease Term 5 yrs. 0 mos. (Paragraph 2) Commencement Date December 1, 1988 (Paragraph 2) Expiration Date November 30, 1993 (Paragraph 2) Initial Monthly Rent (Paragraph 4) Annual Adjustment The annual percentage change in. the Los Angeles/ Anaheim/Riverside Area Consumer Price Index--All Urban Consumers (CPI-U) for the twelve (12) month period'ending in August of each year, plus one (1..0) percent. [For Example, if the percentage change in the CPI-U was 4.0%, then the annual rent adjustment would be five (5) percent (4.0 + 1.0 = 5.0)]. Notwithstanding the foregoing, no annual rent adjustment shall be less than four (4) percent, nor greater than nine (9) percent. (Paragraph Increase Upon Sale or Assignment None (Paragraph 11) Security Deposit 100.00 (Paragraph 25) 8 5/88 Addresses: Park Owner Heritaqe Mobile Estates, Ltd. 31130 General KearneV Road Rancho California, CA 92390 Homeowner (Please fill in mailing address only if different from your Park address.) The Homeowner(s) named above ("Homeowner") agrees to lease the Space Number identified above (the "Space") at the Mobilehome Park described above (the "Park")-from the owner named above (the "Park Owner") for a term beginning on the Commencement Date and ending on the Expiration Date. Homeowner agrees to pay the .rent and other charges described by this Lease (the "Lease"), to perform the other obligations stated in the Lease; and to obey the Rules and Regulations of the Park (the "Rules") and all applicable laws and regulations. · This Lease consists of this Lease Summary, the attached · Standard Terms and Conditions, and the following Exhibits: A. Rules and Regulations of the Park. California Mobilehome Residency Law Park Facilities and Services D. Assignment and Assumption Agreement Estoppel Certificate Land Use Information about the Park 8/5/'88 If this Summary and its addenda, if any, are in any way inconsistent with the Standard Terms and Conditions-, the former shall control. Dated /if..t /-I , 19 z~. Homeowner Park Owner Addendure: ParaqraOh 6(a) is amended to exclude any real property tax increases not exceeding two (2) percent per year. Paraqraph 6(c) is deleted. ParaqraDh 6(d) is amended to provide that any pass-throughs for uninsured losses shall be amortized over a period of not less than twelve (12) months. The Park currently maintains the following policies of insurance: package property and liability; excess liability; park vehicle; earthquake'and flood; boiler and machinery; group health (Park Managers); and workers compensation. The Park Owner agrees that, during the Term of this Lease, the Park shall maintain such policies of insurance as are standard and customary in the California mobilehome.park ownership business. Paraqraph 6(e) is amended to read as follows: "Increases in Park Owner's operating expenses, to the extent that those expenses exceed the corresponding change in the CPI-U, plus one (1) percent, for any 12 month period ending 3 months before the anniversary date for annual automatic rent adjustments." Paragraph 6: The last paragraph of Paragraph 6 is amended to provide that all amortized costs hereunder shall be deleted from the rent statement at the end of the appropriate amortization period. Paragraph ll(b) is deleted. There will be no rent adjustments upon the sale of Homeowners' mobilehome during the Term of this Lease. Exhibit A (Rules and Regulations of the Park): By executing this Lease, Homeowner acknowledges prior receipt of the Park's Rules and Regulations and all amendments thereto. Exhibit B (California Mobilehome Residency Law): By executing this Lease, Homeowner acknowledges prior receipt of the current version of the California Mobilehome Residency Law. 3 8/5/88 STANDARD TERMS AND CONDITIONS CONTENTS Page 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Space ......................... Term .......................... Rent .......................... Initial Monthly Rent .......... Annual Adjustment ............. Pass-Throughs ................. Utilities ..................... Abandonment ................. Park Owner's Righ& o~ Entry... Attorneys' Fees, Court Costs.. Sale of Homeowner's Mobil.home ..... Subletting ......................... Removal of Mobilehome-Cancellation Waiver ...................... ' ....... Holding Over ....................... Homeowners-Park Meetings ...... Park Owner's Rights ........... Estoppel Certificates ......... Time .......................... Acknowledgements .............. Mobil.home Residency Law ...... Severability .................. Force Majeure ................. Right to Performance .......... Security Deposit .............. Notices ....................... of Lease... 5 5 6 6 6 7 8 9 9 9 9 10 11 11 11 12 12 13 13 13 14 14 14 15 15 16 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Rules and Regulations of the'Park California Mobilehome Residency, Law Park Facilities and Services Assignment and Assumption Agreement Estoppel Certificate Land Use Information about the Park 1 · s_oace Park Owner le~ses ~_he Space identified in the Lease Summary (t/%e "Summary") to Homeowner, for the term of this Lease, and subject to its conditions, for placement of Homeowner ' s mobilehome, identified on the Summary (the "Mobilehome"), and residential use by Homeowner and Homeowner's immediate family or such other person(s ) as may be authorized by law. Homeowner agrees to satisfy the reasonable landscape and maintenance requirements of the Rules. Park Owner agrees to maintain the Park's physical improvements and common facilities in good working order and condition. Park Owner also agrees to provide the physical improvements and/or services listed upon attached Exhibit C. Homeowner may replace the. Mobilehome wi~h another mobilehome, if (i) the other mobilehome complies with the Rules and (ii) Homeowner .notifies ~he Park Owner of its identification number. ~hould Homeowner make use of the Park's additional services, Homeowner agrees to pay the charges and periodic increases fixed by the Park Owner for .those services, such as storage of recreational vehicles, a second automobile, or a boat; and use of any special pet facilities. 2. Term This Lease shall .be for the term stated on the Summary (the "Term"), beginning on the Commencement Date, and ending on the 'EXpiration Date. The Lease may be terminated before the Expiration Date in the manner described by paragraph 13, below, or as provided by law. 3. Rent Homeowner agrees to pay Park Owner, as rent, the Initial Monthly Rent stated in .the Summary, plus the Annual Adjustment described by paragraph 5, and any pass-Throughs imposed under paragraph 6. Rent shall be paid monthly in advance, on the 1st day of each month. If rent is not paid in full by the 5th day of each month, or Homeowner's check is returned unpaid, Homeowner shall pay the late charge specified by the Rules, as amended from time to time. Park Owner reserves its right to pursue other remedies, including, among others, eviction in the manner provided by law. Homeowner understands that this lease is, by state law, exempt from any local ordinance, regulation, initiative or other measure restricting rents for mobilehome spaces. 4. Initial Monthly Rent For the twelve month period beginning on the Commencement Date, Homeowner shall pay the Initial Monthly Rent specified by the Summary,'.plus any pass-Throughs allowed under paragraph 6. 5. Annual Adjustment Monthly rent for the Space shall be increased annually, on December i of each calendar year, by the amount stated in the Summary. 6. Pass-Throughs Homeowner agrees to pay, as ren~,-its proportional share of the following= (a) Increases in taxes and other Charges, fees and assessments of all kinds (o~her than federal and California income taxes) paid to any public agency by the Park or Park Owner · (b) Costs of any new or additional services that the Park may be required to provide to residents by any state, federal or local law or regulation- (These costs include payments to private contractors for those required services.) (c) Costs of capital improvements and replacementS- These costs include all expenditures ~hat the Park Owner treats as capital items,.rather than deductible business expenses for income tax purp0ses~ plus costs of financing those improvements and replacements- (If the Park Owner advances funds for improvements and replacements, the Park Owner shall be entitled to interest upon those funds at a commercially reasonable rate.) Expenditures for capital improvements and replacements shall be passed through on a proportional basis as described below- (d) Uninsured losses for damage to or des=ruc=ion of proper~y or inju~ to persuns- (Pass-Throughs 'for uninsured losses may, a= Park Owner's option, be passed through 7 in a single lump sum, or be'amortized over a period of not more than 12 months.) (e) Increases in Park Owner's operating expenses, to the extent that those expenses exceed the corresponding change in the CPI-U for any 12 month period ending 3 months before the anniversary date for Annual automatic Rent Adjustments. Unless otherwise noted above, pass-throughs for subparagraphs (a), (b), (d) and (e) above shall be amortized over a twelve (12) month period. Pass-throughs for subparagraph (c) above shall be amortized over the lessor of (i)-five (5) years or (ii) such period as is allowed by the Internal Revenue Code or regulations thereunder, and (iii) separately stated as rent on bills to Homeowner. (Pass-Throughs are excluded from the monthly rent figure used to calculate Annual AdjUstments under paragraph 5.). The Park Owner agrees to give Homeowner 60 days' notice of all Pass-Throughs. Such notice may be given at any time, and Pass- Throughs may or may not coincide with the Annual Adjustments. 7. Utilities Homeowner agrees to pay, in addition to the rent, all utilities that are or may be separately metered to the Space including, among others, gas, electricity, water, sewage and trash collection. If other utility service should be separately metered during the term of this Lease, Park Owner agrees to give Homeowner 30 days' written notice. After any utilities are submetered, Homeowner's monthly rent shall be reduced by the allocable monthly cost of submetered ~tilities, as reasonably determined by the Park 8. Abandonment If Homeowner vacates, abandons, or surrenders the Space during the Term, Park Owner may treat Homeowner's coach and other personal property as abandoned proper~y, and dispose of it in ~he manner pemi~ed by law. 9 ~ Park O~er ~e Park O~er's agents and ~ployees ~y enter ~e Space at any reasonable time for the pu~ose of inspection, ~intenance of u~ili~ies, ~in~enance of ~e S~ace when Homeo~er fails to do so in accord~ce wi~ ~e Rules, or in order ~o pos~ notices- ~e Park O~er's agents and ~ployees my also enter ~e S~ace and Homeowner's ~bilehome a~ ~y time in case of emergency or abando~ent · 10 · A~tomeys ' Fees, Cour~ Costs If eider pa~y t~es legal action ~der ~is Lease, ~he prevailing par~y shall be entitled ~o recover its reasonable at~o.ne~s' fees ~d court costs from ~e o~er party, in addition to i~s ~ges- 11. Sale of Homeo~er's Mobilehome (a) Homeo~er my sell ~e Mobilehome in place in accordance with the provisions of ~e Califoma Mobilehome Residency Law. In connection wi~ such a sale, Hom~er my assign i~s rights ~d interests in ~is Lease ~o ~he buyer of ~he Mobilehome 9 (the "Buyer"), if the Park Owner first: (i) Approves Buyer's financial responsibility; (ii) Determines that Buyer will' comply with the Rules; and (iii) Buyer agrees in writing to assume all of Homeowner's obligations under this Lease by signing an agreement in substantially the form attached as Exhibit D. Homeowner shall remain fully liable under this Lease until all three of the preceding conditions are satisfied- Assignment of Homeowner's rights in accordance with this paragraph 11 does not extend the Term- (b) Upon the-first such sale during the term of this Lease, the monthly rent payable under paragraph 3, above, shall increase in the amount specified by the Summary for increases upon sale or assignment- Upon any subsequent sale during the term of this Lease, Owner shall have the right to increase the monthly rent to a market rate, as determined by Owner in its reasonable Judgment- 12. Subletting Homeowner may not sublet the Space, or assign this Lease, (except in accordance with the preceding paragraph 11 upon sale of the Mobilehome) without the Park Owner's prior written consent, which the Park Owner may withhold in its sole discretion- 10 13. Removal of Mobilehome - Cancellation of Lease If Homeowner removes the 'Mobilehome from the Park, either party may cancel the lease by giving the other party 60 days' written notice- 14. Waiver If Homeowner violates any term of this Lease, or of the Rules, and the Park Owner fails to exercise any of its rights under this Lease or applicable laws, Park Owner's failure shall not waive or otherwise excuse that violation, or any other violation- For example, acceptance of a rent payment after it is due shall not excuse that late payment, waive any of'Park Owner's rights, or justify any other violation of the Lease or Rules. 15. Holding Over If Homeowner, with the Park Owner's oonsent, remains in possession of ~he Space after expiration of the Term, Homeowner shall be a month-to-month tenant- Monthly rent shall be the monthly rental '(including all adjustments and pass-throughs) for the last month of the Term; and may be increased upon 60 days' notice in accordance with the California Mobilehome Residency Law, Limitations upon rent increases'contained in this Lease do not apply to month-to-month tenancy- 11 16- Homeowners - Park Meetings Homeowners at the park periodically elect a Committee of Homeowners for the purpose of meeting with the Park management to discuss questions of mutual concern and interest concerning the Park, its facilities, and operations- Meetings are requested from time to time by the committee or the Park management- Representatives of the Park's management shall meet with the Committee within a reasonable time after receiving a request for a meeting. 17. Park Owner's Rights (a) The Park Owner reserves the right to borrow money upon the. Park- The Park Owner may, among other things, refinance, place liens upon, encumber, mortgage or convey by deed of trust the Park or a pot%ion of it- (b) Park Owner also reserves the right to sell the Park, and in connection with any sale, Homeowner shall' sign whatever documents that Park Owner or the buyer of. the Park may reasonably require to confirm the terms of this Lease, Park Owner has the right ~o assign all of its rights under this Lease to a buyer of the Park. (c) In the circumstances .described by the preceding subparagraphs, Homeowner agrees to sign: (i) whatever agreements that Park Owner or its lenders may reasonably require to subordinate 12 Homeowner's righ=s under ~his Lease to their rights~ and (ii)- a statement in substantially the form1 attached as Exhibit E, confirming the effectiveness of this Lease (an "Estoppel Certificate")- (Any purchaser of the Park, and any lender shall be entitled to rely upon such a statement.) 18. Esto~pel Certificate Homeowner shall at any time, upon request, sign and deliver to Park Owner a written statement (an "Estoppel Certificate") in substantia%ly the form attached as Exhibit E. Failure to sign and re~urn an Estoppel Certificate within 30 days after Park Owner's request shall waive any claims or other matters that Homeowner might otherwise have asser~ed- 19. Time Time is of the essence of this Lease- all time~ limits is therefore re~uired- 20. Acknowledgments Homeowner acknowledges that: Strict compliance with (a) Park Owner has given Homeowner written notice of land use information on a~tached Exhibit F, of the Park's zoning, the term of any conditional use permit issued to the Park for its operation, and the term of any ground lease. 13 (b) Homeowner has receieed, read and unders=ood a complete copy of the Rules (which are a~tached as Exhibit A.) Homeowner understands that violations of the Rules are violations of the Lease- (c) This Lease con=ains the entire agreement between Homeowner and Park Owner, and supersedes all prior negotiation, agreements and understandings, whether written or oral- (The par=~es may amend this Lease by written agreement-) (d) Homeowner has read and understood each and every paragraph of this Lease- 21. Mobilehome Residency Law This Lease is subject to the terms of the California Mobilehome Residency Law, as it may be~mended from time to time. A copy of the Mobilehome. Residency Law is. attached as Exhibi~ B. 22. Severability If any term or ~rovision of this Lease is invalid, or partially invalid, such invali~i~y shall not affec~ the validity of any other term orprovision of this Lease. 23. Force Majeure Park Owner shall have no responsibility or liability to Homeowner arising from any fire, earthquake, explosion, inclement weather, ac~s of God or the. public enemy, civil disorder, vandalism, nuclear accident, chemical or other~con~amination, 14 criminal or other malicious misconduct, labor disputes, governmental act or regulation, shortage of fuel or'materials, or other circumstances beyond the reasonable control of Park Owner. 24. Right to Performance Homeowner shall perform its obligations under this Lease at its own expense- If Homeowner fails to pay any sum required by this Lease, or fails to perform any of its other obligations, and any such failure continues for 10 days after notice (except in cases of emergency, when no notice shall be required) Park Owner may correct the failure and charge Homeowner with all associated costs. Those costs shall bear interest at the maximum lawful rate of interest from the date of payment by Park Owner, and shall be payable upon demand- Homeowner agrees to pay all such sums and interest as additional rent. Park Owner's remedies under this Lease are cumulative, and exercise of Park Owner's rights under this paragraph shall not relieve Homeowner of any obligation, or waive any right or claim that Park Owner may otherwise have. 25. Security Deposit Homeowner has paid to Park Owner the Security Deposit stated on the Su~nary, as security for Homeowner's performance- The Security Deposit is neither an advance payment of rent, nor an agreed measure of damages if HomeoWner defaults- If Homeowner fails to perform any obligation under this Lease, Park Owner may 15 i (without.prejudice to any other remedy) use the Security Deposit to the extent necessarY tO pay any unpaid 'rent or other sums, or 'cure any other breach of this Lease- Thereaf=er, Homeowner shall, upon demand, pay to Park Owner all amounts necessarY to restore the Security Deposit to its original amount- Following termination or expiration of this Lease, Park Owner shall return 'any remaining balance to Homeowner, after first determining whether and to what extent Homeowner has fulfilled its obligations, and making all appropriate deductions from the Security Deposit- Unless required by applicable law, Park Owner · shall have no obligation to maintain the Security Deposit in any separate account, or to pay or accrue interest thereon- 26- Notices All notices and demands that may'be given shall be sufficient if given in writing .and either actually delivered to the other par~y at the Park office or the Mobilehome, as appropriate, or if mailed, certified or registered, Postage· prepaid, and addressed to the parties at their respective addresses stated in the Summary, or such o~her addresses as either par~y may from time to time designate in a notice to the other party- 16 Exhibit A Park Rules and Regulations of'the Park HOmeowner acknowledges prior receip~ of the Park's Rules and Regula=ions and all amendments thereto. Exhibit B California Mobile~cme Residency Law Homeowner acknowledges prior receipt of the current version of ~he California Mobilehome Residency Law. Exhibit C FACILITIES & SERVICES 1. During the Term of this Lease, the Park Owner shall provide the following facilities: clubhouse, swimming pool, spa, shuffleboard court, paved streets, street lighting and parking. areas, landscaping of common areas, and other facilities presently in use. 2. During the Term of this Lease, the Park Owner shall provide the following services without any charge (other than the normal rent, annual adjustments and pass-throughs): maintenance of the facilities listed above, water and trash pick-up. 3. During the Term of this Lease, Park Owner agrees to rent the following facilities to Homeowner, for the monthly charges indicated: Service Initial Fee 'Initials Storage of (check as appropriate) Car to be parked $.15.75 in storage Boat $ 15.75 Recreational Vehicle $ 15.75 Pet Facilities $ None These monthly charges may be increased annually by the'same percentage as the Annual Adjustments in paragraph 5. 4. The Park Owner reserves the righ= =o change any of the foregoing services or facilities (including the right to discontinue any service or close or remove any facility) in accordance wi~h the rules and the Mobilehome Residency Law. EXHIBIT D ASSIGNMENT ~D ASSUMPTION AGREEMENT ~obilehome Park: Homeowner(s): Space No: Buyer ( s ): Lease Commencement Date: , 19 Lease Expiration Date: , 19 Current Monthly Rent: The Homeowner(s) named above have agreed to sell their mobilehome to the Buyer(s) named above. Homeowner(s) therefore assign all'of their rights, title and interest under the Lease identified above to Buyer(s). Buyer(s) intending to be legally bound, agree to assume and perform each and every obligation of the Lease, as though they were the original signatories to the Lease. Buyer(s) acknowledge that the Lease consists of a Summary, Standard Terms and Conditions, and various Exhibits, including, among others, the Rules and Regulations of the Mobilehome Park named above '(the "Rules"), and the California Mobilehome Residency Law. Buyer(s) also acknowledge that they. have read and understood all provisions of.the Lease, including the Rules. Approved: Homeowner (s) Authorized Representative Buyer(s) EXHIBIT E ESTOPPEL CERTIFICATE Mobilehome Park: Homeowner: Lease Date: Space No.: The undersigned Homeowner(s) hereby certify to the owners of the Mobilehome Park named above ("Park Owner"), and/or any buyer or lender who may receive this Certificate that: 1. Homeowner's Lease is in full force and effect, 2. At this time, to the best of Homeowner's knowledge and belief, neither Homeowner nor Park Owner has violated'the Lease. 3. .At this time, Homeowner has not paid any rent more than months in ·advance of the due date. At this time, to the best of Homeowner's knowledge and belief, Homeowner has no claim under the Lease or otherwise, for any reduction in rent for any reason- Dated: , 19 NOTICE OF APPLICABLE ZONING, CONDITIONAL USE PERMIT AND LEASE STATUS Section 798.27 of the California Mobilehome Residency Law, requires that residents and prospectiv& residents be notified of: 1) the nature of the zoning under which the park operates; 2) the date of expiration of the conditional use permit under which the park operates; and 3) the duration of any lease of the mobilehome park in which the management is the lessee. Pursuant to these requirements, notice is hereby given that HERITAGE MOBILE HOME ESTATES 31130 GENERAL KEARNEY ROA6, RANCHO CALIFORNIA, CALIFORNIA is operated pursuant to CU #1090 · This conditional use permit. is due to expire on NO .EXPIRATION DATE · The mobilehome park property is currently zoned RR There is no lease'of the mobilehome park 'in which ~he management is the lessee. If any change in the status of the above-described zoning orconditional use permit occurs, residents' will be notified within thirty (30) days. EXHIBIT "F" EXItlBIT "B" HERITAGE mobile home estates 31130 General Kern'hey Road Temecula, Califomia 92591 (714) 676-5113 Re: ATTACHMENT "B" September 21, 1992 Recreational Vehicle Storage Area Dear Resident: The monthly charge for renting aspace in the Park's recreational vehicle storage area will be adjusted to $16.00, effective December 1, .1992. Very truly yours, Director of Operations moDile home estates September 21, 1992 31130 General Kearney Road Temecula~ Californ,a 92591 (714) 676-5113 Re: December 1992 Rent Adjustments; Offer of Amendment to Park Lease Dear Resident: As you are aware, virtually all residents are parties to the Park's long-term Lease which is scheduled to expire on November 30, 1993. Under the Lease, annual rent adjustments are based on the relevant change in the Consumer Price Index ("CPI") plus 1.0 percent. This year the relevant change in the CPI was 3.7%. Accordingly, the rent adjustment will be 4.7% (3.7% plus 1.0% equals 4.7%). Therefore, pursuant to the Mobilehome Residency Law, this letter will serve as your sixty days written notice that your monthly rent for space number will be adjusted by 4.7% to $ , effective Dec~mbe[ 1, 1992. For a variety of factors, including the fact that the Park is very well maintained and well managed both at the Park and off- site, we are in a unique position this year to offer you an Amendment to your current Lease which will provide as follows: 1. The Amendment will extend the term of your Lease from November 30, 1993 for an additional five (5) years to November 30, 1998. 2. Other than extending the term of the Lease, all other Lease provisions will remain in effect, except for the following: Your current Lease provides for a minimum annual. rent adjustment of four (4) percent. Under the Lease Amendment, we are lowering the minimum annual adjustment to three (3) percent. Under the Lease Amendment, if you decide to sell your mobilehome in place in the Park, you will be required to provide the Park with at least ten business days advance written notice of the fact that you-.are going to offer your mobilehome for sale and the proposed sale price. 3. The very good news is that if you decide to accept the Lease Amendment we will agree to waive the annual 4.7% rent adjustment effective in December 1992 and your.monthly rent will remain at its current rate effective in December 1992. Page 3 In summary, the annual rent adjustment in December 1992 will be 4.7% and the separate rental charge of $2.39/month will be adjusted to $2.96/month because of increased CSD assessments. The Park is offering a Lease Amendment which generally extends the term of your current Lease from November 30, 1993 to November 30, 1998. If you accept the Lease Amendment, the Park will waive the December 1992 annual rent adjustment of 4.7%. Very truly yours, ~Schwe i~ Director of Operations WRITTEN ACKNOWLEDGEMENT OF RIGHT OF INSPECTION AND RIGHT OF CANCELLATION HERITAGE MOBILE HOME ESTATES Section 798.17 of the California Mobilehome Residency Law requires the homeowner or prospective homeowner to provide the management of the mobilehome park with written acknowledgement of the right to inspect, for no less than 30 days, any rental or lease agreement having a term in excess of 12 months. This Section further requires the homeowner or prospective homeowner to provide management with written acknowledgement of the right to cancel such agreement within 72 hours after execution by notifying the management in writing. Accordingly, you hereby acknowledge the following rights: 1. THE PERSON(S) ORIGINALLY EXECUTING A RENTAL OR LEASE AGREEMENT HAVING A TERM IN EXCESS OF 12 MONTHS (NOT ASSIGNEES) SHALL HAVE AT LEAST 30 DAYS TO INSPECT IT; YOU MAY ACCEPT THIS AGREEMENT WITHIN SUCH 30-DAY PERIOD IF YOU WISH. 2. ADDITIONALLY, THE PERSON(S) ORIGINALLY EXECUTINGA RENTAL OR LEASE AGREEMENT HAVING A TERM IN EXCESS OF 12 MONTHS (NOT ASSIGNEES) MAY CANCEL AND ANNUL SUCH AGREEMENT WITHIN 72 HOURS AFTER EXECUTING IT, BY NOTIFYING MANAGEMENT IN WRITING. In light of these requirements, you also acknowledge the requirements of the Mobilehome Residency Law providing that approval of tenancy can be withheld if the prospective homeowner refuses the rental or lease agreement or fails to have agreed to the terms of a rental or lease agreement. Please see Civil Code Section 798.75. Accordingly, you agree that your escrow for the purchase of the mobilehome, or your completion of the purchase of the mobilehome (if no escrow is to be used), shall not take place for a period of at least 72 hours after the execution of the rental or lease agreement by you and the other members of your household. I/WE HAVE READ, UNDERSTOOD, AND HEREBY ACKNOWLEDGE THE .FOREGOING DISCLOSURES AND REQUIREMENTS. Date: Date: Date: 01003 Prospective or Actual Homeowner Prospective or Actual Homeowner Prospective or Actual Homeowner PARK OFFICE COPY Heritage Lease Amendment Space No. Dec. 1992 Rent THIS IS A LEGALLY BINDING DOCUMENT PLEASE READ IT CAREFULLY BEFORE SIGNING MOBILEHOME PARK. LEASE AMENDMENT NOTICE THIS LEASE TO WHICH THIS AMENDMENT APPLIES WILL BE EXEMPT FROM ANY ORDINANCE, RESOLUTION, RULE, REGULATION, INITIATIVE MEASURE OR OTHER GOVERNMENTAL ACT OF ANY LOCAL GOVERNMENTAL ENTITY WHICH ESTABLISHES A MAXIMUM ~OUNT THAT A LANDLORD MAY CHARGE A TENANT FOR RENT (INCLUDING THE RENT A PARK OWNER MAY CHARGE A PARK RESIDENT OR HOMEOWNER). This Mobilehome Park Lease Amendment amends that certain Lease between Heritage Mobile Home Estates("Park Owner") and Homeowner(s) (with a Commencement Date of December 1, 1988 and original Expiration Date of November 30, 1993) by amending the Paragraphs of said Lease in the following respects: LEASE SUMMARY, page 1, Expiration Date, is amended to read as follows: "Expiration Date November 30, 1998 (Paragraph 2)" LEASE SUMMARY, page 1, Annual Adjustment, is amended to read as follows: "Annual Adjustment The annual percentage change in the Los Angeles/Anaheim/Riverside Area Consumer Price Index --All Urban Consumers (CPI-U) for the twelve (12) month period ending in August of each year, plus one (1.0)I percent. [For Example, if the percentage change in ~he CPI-U was 4.0%, then the annual rent adjustment would be five (5) percent (4.0 + 1.0)]. Notwithstanding the foregoing, no annual rent adjustment shall be less than three (3) percent, nor greater than nine (9) oercent, (Paragraph 5)" STANDARD TERMS AND CONDITIONS, pp. 9-10, Sale of Homeowner's Mobilehome is amended by adding the following subparagraph (c) at the end of Paragraph 11: "(c) At least ten (10) business days prior to the time Homeowner offers Homeowner's mobilehome for sale to any third party, Homeowner shall notify the Park Owner in writing of the fact that Homeowner will offer Homeowner's mobilehome for sale and the proposed sales price for Homeowner's mobilehome." ALL OTHER TERMS AND CONDITIONS OF YOUR LEASE REMAIN IN EFFECT. Dated: , 1992. Homeowner(s) Heritage Mobile Home Estates Park Owner Director of Operations 01003 -2- EXHIBIT Resident Reporter Practical Information for Mobilehome Park Residents July 1992- Vol. IX, No. 4 Mob~ehome inspections -- are you ready? The mobilehome park inspection program, which became effective in 1991, has been in full swing for many months. This program requires all mobilehomes and mobilehome parks in California to be inspected and brought into compliance with California laws and regulations within five years. The inspections are done either by a local enforcement agency or the state Department of Housing and Community Development (HOD). Many mobilehome park residents have already gone through this process. For those mobilehome owners who have not, HOD has a hooklet available that explains how to prepare for them. The following are some excerpts from that booklet, called 'Mobilehome Pa~k Inspection Resident Information Booklet." This information applies to mobilehomes inspected by local agencies as well. Notice of planned ~spection -- Prior to an inspection, a notice of planned inspection will be posted in a conspicuous location on each mobilehome lot. The inspection will then be conducted within 60 days of the date posted on the notice. At this time, mobilehome residents may be given a copy of the resident information booklet. Interior inspections -- Under normal circumstances, an inspector'.w~l not enter your home during an '/hav t to inspection. He will request It only If he suspects a problem. Yoi~ e a rlgh deny entry into your home, but the inspector may seek a search warrant if he deems It necessary. lsreparing for inspection -- Before your mobilehome is inspected, you should take the following steps: 1. Display cuz~ent registration on the exterior of your home. 2. Fix all leaky plumbing. 3. Fix damaged awning structures. 4. Remove unapproved electrical wiring. 5. Remove all debris, rubbish and combustible material stored around or under your home. 6. Review the hooklet for other co_mrnorda~ found violations. Notice of violation -- If an inspector discovers a violation on your lot requiring correction, you will receive a notice of violation. You will then have 30 days to correct most violations, five days If It poses an imminent health and safety hazard. The agency wfil. rsinspect to verify compliance. Inspector identification -- HOD inspectors will be wearing blue vests bearing the Department logo. They will also carry identIfication cards; you may request to see their identification when they enter your mobilehome lot. Legal actions -- Legal action can be undertaken If there is a failure to comply with a notice of violation. The benefits of long-term leases ,. The advantages of long-term leases are many. Long-term leases 'that are well-wz'ttten create stability for both the mobilehome owner and the park owner..The long-term lease usually includes certain / standard features discussed below. / Assumption- Leases should allow the mobilehome owner to 2,,11 his or her lease along with the (continued on next page) Pu[~|ished by Wesler~ Mobilehome Association · 1760 Creefeside Oales Dr/re. Su/!e 200 · Sacrame~|o. CA 95833 2 Resident Reporter (continued from previous page) The benefits of long-term letLees mobilehome. In other Wox~cis, the leime could be "assumed" by the new bUyer. In this way, the incoming homeowner erOoys the same terrnll and conditions as the previous owtier. This ability to assume an existing lease keeps mobilehome vilt~es up and in line with the general ~louslng me2ket. Rent adjustments- Long-term le~ees should include cost~of-llvlng or 00nsumer Price Index (CPI) increases. Since World War II, our eqor~omy has had an in~atlonary bias and every year, the purchasing power of the dollar is lessened. Therefore, the park owner has to pay mor, e each year for everything he needs to run the Park--fertilizer fQ~ the lawns, chlorine for the pool, wl~ges for his employees and replacement parts for pumps or macllines that break down. An equitable long-term lease must allo~v the park owner an annual cost~of-l|ving rent Increase to keep up with the ever-Increasing price of ruVxnIng a park. If not, the park can't be malqtaIned In its current condition. Plus, an annual, Predictable' rent increase is a benefit to homeov~ners, who can know what the future wfil bring In terms of rent increases and plan accordingly. l~ass-througlm -- This term pertains tcI the fees and charges which an outtaide agency or service may impose on mobilehome p~ks. Bevex,&l ~xamples illustx~te how these worl~i 1, Utilities- In some pa~ks, a Portion of the rer~t includes the cost of ut$1ities or services such as sewer, water or trash. If the park's rate for these services is increased, th.l~ zrate szsJustment is passed through to the homeowner on a pro-rated, per space basis. 2, --oxe_{~r taxes -- A -mfbbllehome owner, as a member of the community, usels services tha*'"'~e community provides, suc~ as schools, fire protection, paramedice, libraries 6~xd more. Because property taxes provide the major funding for these services, any increase in t, tlis Pate is passed through to the homeowner. For example, let's say the p~rk owner receives a county tax bill for $50,000. In ~ case, the property tax yearly increase allowed under Proposition 13 is 296 or $1,000. In a pa2k 6f 21~0 mobilehome owners, the Pass-through would be $4 pep mobilehome pep year. Insuranoe -- A well-mainta:~ed and managed mobilehome park is expensive to insure. Most long-term leases establish a starting poInt fop the lnsupo, nce cost of the park, ~nd ord~ when pt'emiums increase are the homeowners asked to share In the increased costs. This systems creates ~n incentive fo~ everyone living In the park.to be ca~ful and avoid a~Xy claims with the insu~anoe company, which usually leads to Increased premiums. Changes In premium rates, either up or down, are passed through to the residents. The lease presented to you sh,:~:~d contaIn the aboVe-mentioned items, or some reasonable variations on the same theme. The le~... should be written so that they a2e easily under~ood. If you don't underetand a lease presents,.| .. you, obtaJn legal assistance. Mobilehome park featu e , in new movie A mobilehome park in Florida is featured in a new'Umovie which opened recently. The movie is called 'Folks~ and is about a son (Tom Selleck) who is having trouble dealing with his elderly father (Don Ameohe). The pe~k is called BriW[ B~eezes, ax..~ is a 560-ho~le community located south of Boynton Be~ in Palm Beach County. MoPe tha~ 280 of the park's residents were use~l'as extras in the-film. Th~ t I N D U S T R Y N E W S Mobilehome park residents fight GSMOL by Edward C. McDonald. Jr., Esq. unique cvclll ocL'urrcl. I hi Ihc AJuly--a ~roup of msiclcnls I~om nlohilehonte pa~ induslry i. ~nior ntohile~m~ ita~k filed sail againsl I~ Golden 51ale Mobilhome Owners' League I C;~ MOI. I. '11~ fiNiteIlls wahl at slop ffnl in il~ I~ wl~a~ ~1~)' frill NI~T Io live. ~)' al~t ~ek ckunages for I1~ sinrag-ann I~'lk's ~MOL us~l. ]1~ I~si~llls' hlw- sail c'laint~ hamsshe. hi arising ouI of lilt ~Rlellllll I. imiltlkhde Ilwln inl. s~.cx.l~in ~nl comrnl. '1'1~ Inwsuil is dit~ck~l againsl G5MOI. and ils h~'al ffpt~nlalives. I1~ ('afiadn C.ve Mnhilch.nv ()wm't~ chllhlll. mid Ihe .l'lk'er~ and dir~'h.'s eft' IlK' h~al C;5MOI. chapler. The residenl group consisis of 55 adull residems -I* Ca~nda Cove. h~aled in I hfif M~N.i Bay. For inore Ihan a ycar. ,-~ Cove has I~cn cmhroilcd in adispulc . . ovcr a GSMOL legislalivc agundn. This agenda includes passage of conversion and ~nl conlrol onlinanccs. The dispule ~gan during negolialions for a Iong-lerm Icase al Ihc park. Al- lhough iiiusl residems were saltsfled with Ihe lease. rite I~al GSMOL ~p~senla- lives Iried Io quash Ihese negolialious. ~e lawsuit alleges thai GSMOL wilh the Cafiada Cove Mobileho~ Owners Ass~ialion. upsel Ihe lease negolialions b), pursuing Ihe following agemla. Over Ihe objections of iilclsl park ~si~nls and Ihe park owner. GSMOL forffd a conver- sion ordinance Ihrough Ihe Half Bay City Council. GSMOL nexl pro~sed ~nl conl~fi for I~ park. GSMOL I~n used ~a~ laclics Io h~tw~al park resiclenls inln sup~rl- ing rcnl tonirift. · rl~ rcsic~nl Fx"il~ claims Ihal (;~ M( }1. and Ihe olher del~ndanls inlenliomfily sited up aftmostly in I1~ ~. 'll~y lieve GSMOL u~d fear and iminfidal [o~ park ffsic~ltls Io ~1 I1~ kmg-lenn ~a~s !lml I~ N~ owa~r offend. lawsuil al~ges h~al GSMOL ~-, lives ~ad fal~ ma~ a~l I~ in!~-I a~ legalily of Ihe p~ Icmg-lenn ~a~s. AI~. a ~nl h~ Io ~ a n~n~r in g~ sle~ing wilh GSMOL Io I}alc ill Ilolllui~wllcrs' ;L~scK'ialioll blisi- hess Ihal ;ifl~'cled Ihe inlerc~ls of i~nrk residehis. (),ce Ihe nwner's hmg-lenn lease phm cffeclivcly was blocked. (;SM()1, all(I Ihc park hon~.wners' asso- cililinsl tried In Ibl'ce ;I rent cnnlrol ordi- ill I'CSI~m~ tO I1~ slrnng-arfiled tactics of GSMO[.. a group or treK'enid park f~sidents handed togelher In p~,enl Ilnilied npp. silinn vnice. They IlK. i:' cli,rls wnuld INdsicr IlK' hir~e. sileni. gr. ul~ of park residem~ who were h., inlimidaled Io reslN.td In (;~M()i.. t Iltim;lleiy. IlK' rcsidt. m g;-up fik'd its lawsnil. Al~l~.'enlly. IlK' mel~ rmm.' OI'HH italy'riding lawsuit k'd In C;~()l. drop- Ifing ils pusit for ;i I~'al rent cmHrol ordi- lIHlice. Kale Ik'igk'. ,e:~ nf II~ Ibum~rs ;r~kk. nl group. Ix'lk'ves (;~M()I. is d~str.y nxd~k'lKm~ i~u'k livi.g. lu II~ im~- c~ss. it has disnq~ed I1~ lives of ninny C'afi&Kla Cove ~'skk. uls a,~l ts.~ Carlrain C~vc anallicK'tire to lidchild huyc~. I~'iglc ~,ys. / ...... "~SMOL's use ~f I~ur. hamsshoal and inlimidalimt has c~alcd a 'war z~e' wiffiin Ihe park." ~ys Beigle, "~ alnm- sphere has I~ecn lease. S~mie hscal realtors have decided :sot to take any new listings in the pa~ until CirCIIIIISIHIICCs change." Beigle believes Ihat "GSMOL. Ihnmgh its legal repreNenlalives. is trying Io iulimidate ~sidenls of Cafinda Cove into supporting their agenda al the park. This agenda d~s not ~rve the ~st inter- esls of our ~sidenls. whom GSMOL chiims Io ~p~sent." Beigle's slalelllelll cllplulvs II&. r~- sence eft Ihe ;esidenls' lawsuil--whelher (;SM()i. aclunlly represe;lls tile ~st in- leresls of I1~ I1u~iorily of nlobilehol~ i,wners m' whether it is ;lolhillg IIit~le Ihall n nlinorily sl~cinl inle~sl gnmp thai has ~mtlived ils pu~. ~ E~vard M~ 'Dtmahl is a WMA -member :tlh,71ey ivhll is CttrtTlltly the i 'hltb'tHa, ¢~ .M,' IVMA Pm't &hl('ati~ttl Cflttl,lj~ee. lie ~llsvt has hcell ~l ~'equetll slw~lier ~tml mHl,,' fi,. WMA senl~lm's. Iris prm'lire ~.emphasi:es all asl~cu q mnhilehnme' I~,'1' hnr. and he represenu the Carlaria C. re resident group in it.s a¢'ti¢m aXaiff.lt GSMOL. lie rat, I~ reached at the ~' Offices t~ Ed.'m'd C. UcOo,ald. Jr.. 272 N. Santa CI'!IZ Are.. ~s Gato$, CA ~.S030- 7228: 4~13~- 7777. WMA REPORTER. September 1992 Y/Z 3 COr,q'.IUr~iTl~ S Local governments frustrated with rent control ecenlly, I lind a conversalion with Rcentral California oilits. He conl- a city all,racy who serves several meltled to me, "l 'm worki,tg outlaw mobilehome parks, and I have a few elected officials wlio are inleresled in il." Even Ih,u~h I can'l imagine how Ihis could ~ accon~plished legally or ~lili- cally, he was dead serious when he said il. Mnny limes. ~i~k'c I've been wilh WMA. I have had cite'led -fficial~ Icll park~ in Ihcir c'ily. They ~ay Ihcy a~'~ excelS: c,nm,cnl~ ii'k~ Ihc~c renl conlrol. h~ facl~ never heard Ihal comment in a oily where Ihcl=~'~ Wlle~ rent cmnrol ex i~l~, you will u~u- ~h '~: ' aud legally on a never- ReMdents are wearing out their welcome All of this is resulling ill the r. csjdcuts. wearing oul_dtcir. j.vclcmne wills hH:al gpve~rn?_nenls. It's no wmKier Ihal the League of Califoruia Cities is v~ifer- Ots~ly op~ A'B ~35 (statewide rent control). They are simply sick of the whole thinB. ~e problem is thai Ihey don't know how to 8el out of this mess ~lilically. so they are chanBinB ~heir or- dina~es ~ remove Ihemselves r~m~ Ihe ulna~es ) relno~its em~nl budgelary problems: all Ihcy "sem~ chitons ~ed i~o~r' a~'~ ~Y la~l~S~ a~ wearing thin in 'city cou~il c~m~ I~ ~ys: EleCted' 'officials a~ coming!o Ihe cm~clusion Ihal ~thf~euls will e~vcr I~ saliNfi~ no mailer wlml I~o~cials ~ fi~r liere. ' mi~Fng~~le ~idenls. I~ chick- by David Evans Regional Represetttafive enN.IIre~l~:~g_i~,ing h, In many ways. daey~ire Iheir estenty. _ __ Cities revamp existing ordinances ('urrcully. I'nl w,rking in three cities wilere the reltl control ordinances are being revamlled because or tile costs itud i'rt:~lrali,n a~'ialed wilh fhenL I see lifts in~ I, alxdkh Ihdr-rdinanct. s yel. hnl ;nakc Ntd~lanlivt. dlan~t.~ in IronieS)where' I~a~ue((;SMOI,)3.ot~lin~- 'h'~NI as an -rgani~a~ keep ~rk il~' ' re~ l~~:e Pa~k~k'l~ncm~ Ihe idenl~ dtm'l need II Ila~ lakcn a long lin~, hal Ihe -- I~cconle .~igni~cattt. and is beginssing I~tsl lilt residenls~ '. I~c,*Fccl example of Ihc failure o1' govern- c~H,C~ly ~up~ ifd~nnin~ I, tlue~lion wilier il ~complis~s il~ *i~eficbd i~urlN~cs and wl~lllerji:~w,nh !he hattie. '1'1~ nexl few year~ will See . ~*j~[~wenmlenls dislauciug tl~m~ves J~m Ihi~ failed ~licy. I),m'id I~rmLT i.T Ar~,. Ii~ rcm hf ll,.v ,~(J.ST. Fr~dfr P,r~. CA ~.722.~: ,~fi.~/24.~-.~7~: FAX: ~fi.~/24.~-3331. WMA REPORTER. July Ic~2 ' II .... ",:"d;;' ':; EXItlBIT '~I)" (F.,f~ective 7/8/88 ) AN ORDINANCF- OF THK CITY OF KSCONDIDO ESTABLISHING MOBILKHOMK RENT PROTECTION Definitions. For ~e purposes of this ordinance, ~e following words, r~rms, and phrases shall be defined as follows: (a) Board ~hall mean the Mobilehome Park Rental Review Board of the City of Escondido. (b) (C) Capital improvement shall mean the inpii-6m of new iaq, to,~emcaL~ and facilities and/or the replacement or reconstraction of c~jstinl] improvc!~nts and facilities which copsi_st of more than ordinary maintwmpcc and/or topms. - · Deparanent shall mean the Community Develq3ment D¢pm hucnt of the City of Escortdido. (e) (f) Mobilehome shall mean a vehicle designed and equipped for human habitation and which is used as the principal place of habitalien for the occupanls ~ereof. Mobilehome park shall mean any area of land Within the City of ~ wheze two (2) or more mobilehome spaces az~ rented, or held out for rent, to accommodate mobilehomes used for human habitsdon. Mobilehome space shall mean the site within a mobibhome park intended, designed, or used for the location or accommodstion of a mobilehome and any accessory su'ucmres or appurtenances alxached thereto or used in conjunction (g) Owner shall mean the owner or operator of a mobilehome psk or an a~ent or · representative authorized to act on said owae~'s or o[sn~tot's behalf in connection wiffi the maintenance or operation of such park. (h) Rehsbiliraaion work shall mean any renovation or repair work coe~,lellat on or in a mobilehome park which was performed in orc~ to comply with the direction or oxder of a pubti~ agency, or to repair ~ resttltinS from fife, earthqtmkc, or other casualty. Rent shall mean the consideration paid for the use or occuimm, y of a mobilehome space. * For ctati~cagon, Rent Review is administered by the Cornmvnity Services Dct~ru at and all questions should bc di,u:tcd to them. AN ORDINANCE OF THE CITY 'OF ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION (j) Rental increase shall mean any increase in rent charged by an owner to a tenant, including but not limited to lease often, lease renewal often, and increase in monthly rents. (k) Tenancy shall mean the fight of a tenant to use or occupy a mobilehome space. (1) Tenant shall mean a person who has a tenancy in a mobilehome park. The Mobilehome p~rlr Rentsl Review Board. (a) The City Council of the City of Escondido shall serve as the Mobilehome Park Rental Review Board. (b) The Board shall establish the time of any hearings or meetings held pursuant to this Ordinance and such hearings or meetings shall be hem in the City Hall as often as the Board delftmines to be necessary to discharge its duties hereunder. (C) Three (3) members shall constitute a quorum for the purpose. of conducting a hearing or meeting. Decisions of the Board shall be tnade by a majority vote of the members present (d) The duties and responsibilities of the Board shall include the hearing of all rent increase applications and determine either to approve or disapprove a rent increase in the manner provided for herein. Base Rent. Except as hereinafter provided, an owner shall not demsnd, accept, or retain rent for a mobilehome space exceeding the rent in effect for said ~pace on January 1, 1986. ff a ~ly rented mobilehome space was not rented on January 1, 1986, the owner slmll not demsnd, accept or retain for said space exceeding the rent in effect during the last month the space was rented prior to January 1, 1986. ff a mobilehome space is rented for the first time after January 1, 1986, the owner shall not demand, accept, or retain rent for said space exceeding the rent first charged for the space. No owner shall send a notice containing the specific amount of a proposed rental in~ prior m receiving approval of a rent inorease from the Board. Except as herein provided, an owner shall not demand, accept or retain rent exceeding the rent in effect on January 1, 1986, for a mobilehome space that was not regulated by this section prior to January 1, 1986. If such mobilehome space was not rented on January 1., 1986, the owner shall not demand, 'a~ept or retain rent for said space exceeding the rent in effect during the last month the space was rented prior to January 1, 1986. AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION Permim.d Rent lnc~-n~..s Rs.~.~i Upon an A~plie-mion Appmvsl by the Rcm'd. (a) An owner may ~e with the Department a rent increase application for one or more mobilehome spaces for approval by the Board. (b) An application for a rent increase pursuant to this section shall be filed upon a form prescribed by the Depm'unent and shah be accompanied by the payment of a fee which will be determined by the Born'd; pn)vided, however, that no fee shall · be chzwg~ for applications filed within the first one hundred eighty (180) days after the effective dale of this Ordinance. -Said application shall specify the address of th~ mobilehome park, the space number or numbers for which rent is requesl~ to be increased, the amount of the requesl~d rent increase, and the facts supporting the requested increase. The applicant shall produce at the request of the Dq, a, th~at any records, receipts, reln'ts, or other documents that the Department may deem necessary for the Board to make a determination whether to approve a rent increase. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department. (C) (e) Upon receipt of a rent increase application, the Depmnucut shall mail anotice to the affected tenants at the mobilehome spaces designauxl in the application, informing them of the receipt of such application, the amount of the r~luested rent increase,. a brief summary of the oWner's justification for the request, any supporting documents which may be inspected at the City Hall, the tenant's right to subxnit written statements, photographs or other documents relating to the application within thirty (30) days after the date the notice is mailed, and the addx~ where such statements or documents my be mailed or delivered. The Depaathznt shall determine within thirty (30) days after receipt of a rent increase application whether said application is complete. If the Department determines that said application is not complete, it shall notify the applicant in writing as to what additional information is required. ~ A copy of each rent increase application shall be provided to each member of the Board afu~ such application' is det~Mned to be complete. The Board shall holda hearing on said application within sixty (60) days afi~ such determins~ion is msde except as provided in subsection (i). Notice of the time, date, and place of the hearing shall be mailed'to the applicant and the affected tenants at the mobilehome spaces designated in the application at least ten (10) days prior to the hearing. 3 ~ AN ORDINANCE OF THE CITY OF ESCONDH)O ESTABLISHING MOBILEHOME RENT PROTECTION (f) At the hearing, the applicant and the affected tenants my offer any testimony that is relevant to the requested rent increase. The applicant and affected tenants nmy offer documents, written declarations, or other written evidence for the first time at the bearing only if good cause is shown why such evidence was not ~ed with the Department prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except as provided in subsection (j), within fifteen' (15) days after the close of the hearing, the Board shall make its determine:ion, pursuant to the standards cs~hlLahed by subsection (g) of this section, approving or disapproving a rent increase for the mobilehome space or spaces specified in the rent increase application. The Board shall approve such rent increase as it determines to be just, fair and reasonable. The Board shall consider the following factors~ in addition to any other factors k considers relevant, in mnldng such d~erminsrlon: (1) Changes in the Consumer Price Index for All Urban Consumers in San Diego Metropolitan Area published by the Bureau of Labor Statistics. (2) The rent tawfully charged for comparable mObil. ehome ~p~ces'in the City of Escondido. (3) (4) (5) (6) The length of rime since either the last hearing and final determination by the Board on a rent increase application or the last rent increase if no previous rent increase application has been made. The completion of 'any capital improvements or rehabih'uttion work related to the mobilehome space or spaces specified in the rent increase application, and the cost thereof, including such items of cost, incl~dlng materials, labor, construction interest, permit fees, and other items as the Board deems appropriate.- Changes in property taxes or other taxes related to the subject mobilehome park. Changes in the rent paid by the applicant for the lease of the land on which the subject mobilehome park is located. Changes in the utility charges for the subject mobilehome park paid by the applicant and the extent, if any, of reimbmaeumt from the tenants. AN ORDINANCE OF THE CITY OF ESCONDIDO KCFABLISHING MOBILEHOME RENT PROTECTION (8) (9~ Changes in reasonable operating and mninte!~snt~, expelBes. The need for repairs caused by circumstances o~er than ordinary wear and tear. The amount and quality of sexyices provided by time applicant to the affected tenant, (~) Any existing written lease lawfully entered into between the applicant and the affected tenant, (h) The Board may provide that an increase in rent or a portion of an ina-ea~ in rent granted by the Board be limited to the length of time necessary to allow the park owner to reasonably anaortize the cost of a capital i,mpmvement, including interest. Such increase granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvemenL (i) Nodce of the Boani's determina_fion shad] be mailed to the applicant add all affected tenants at the mobilehome spaces desi~;_~_ in the application. The determination of the Board shall be final. 0) (k) In the event that the Board is unable to act and make its final determination on a completed rent increase application within the time limitations prescribed by subsection (d)-(f) of this Section, and after the thirty (30) days for the tenant to file suttements or docunznts in opposidon to the application under subsection (c) shall have expired, the Board may approve such interim increase for the mobilehome space or spaces specified in said application which cleady apIr. m~ to be warranted when the factors set forth in subsection (g) of this Section are considered, based upon the facts stated in the application, any wriv. enstatements or documents filed with the Depannr. nt by the affected tenants, and any other facts known to the Board. An approved interim rent increase shall expire on either (1) the last day d the month within which the .Board makes its final determin~tlon disapproving a rent increase, or (2) the effective date of a rent increase which is approved by a final determination of the Board. The time within which the Board may conduct a hearing as provided in subsection (e) or make its determination as provided in subsection (f) my be extended 5 AN ORDINANCE OF THE CITY OF E~CONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION twice by the Board for periods of time not to exceai sixty (60) days each if the Board approves an interim rent increase pursuant to subsection (j). Fees. A tenant whose tenancy is not regulated by the provisions of the Mobilehome Residency Law shall not be charged a fee for anything other than rent or utilities with the exception of ~ml reasonable charges for services aclxmlly rendered. Perrni,~ible R,~-~ns for Terminnring or Refu~ng to Renew a Tennn~t. (a) A tenancy which is not subject to the provisions of the Mobilehome Residen~y Law shall not be terminated nor shall its renewal be refused, except for one oi' more oi the fonowing reasons: (1) Failure of the tenant u3 comply with a lo~al ordinance or $tat~ law or regulation reinling to motilehomes within a reasonable time after the tenant receives a notice of noncomplian~ from the appropriate governmental agency. (2) Conduct by the tenant, upon the mobilehome park pmnises, which constitutes a substantial annoyance to other tenants. (3) Failure of the tenant to comply with reasonable. rule or regulation of the ___mobilehome park. No act or omission of the tenant shall constitute such failure to comply unless and until the owner has given the tenant written notice of the alleged rule or regulation violation and the tenant has failed to adhere to the rule or regulation within seven (7) days. (4) Nonpayment of rent, utility charges, or reasonable incidental service (5) (6) Condenma~on of the mobilehome park. Change of Use of the Mobilehome Park, provided that the provisions ofSubsection (f) of Section 798.56 of the Cnllfomia Civil Code are followed. (a) The owner gives the tenant written notice of the proposed change twelve (12) months or more before the daze of the proposed change. . 6 AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION (b) The owner gives each proposed tenant whose znancy will commence within twelve (12) months of the proposed change writzen notice thereof prior to the inception of his tenancy. Co ) Notice of termination or refusal to renew must be given in writing in the manner prescribed by Section 1162 of the Code of Civil Procedure at least sixty (60) days prior to the termination date of the tenancy. Said notice shall state the date the tenancy terminates, the reason for the marion or refusal to renew, and the specific facts upon which. the owner is relying. Refussi of Tennnt to PIIY fllegs i Rent. A tenant may refuse to pay any rent in excess of the maximum rent permitted by this ~ance. The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment of rent or to collect the ~egal rent. Remedies. (a) Any person who demands, accepts or retains any payment of rent in violation of the pwvisions of this Ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of thre~ (3) times the mount by which the payment or payments demnnded, accepted, or retained exceed the maximum rent which could be lawfiffiy demanded, accepted, or retained together with reasonable attorney's fees and costs as determined by the Court. (b) Any person viohting any of the provisions of this Oniinance shall be guilty of a misdemeanor and shall be punishable in the manner provided by Section 1-13 of the Escondido Municipal Cede. SeverabiliW. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any coun of comt, ct~nt jurisdiction, such portion shah be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. EXHIBIT "E" Article 1. 798 798.1 798.2 798.3 798.4 798.6 798.7 798.8 798.9 798. I 0 798. I I 798.12 ,,7..~.8.14 - 798.15 798.16 2)" 798.17 798.18 7~8.19 798.20"' 798.22 798.24 Article3. 798.25 798.26 798.27 798.28 798.29 Article 4. 798.30 798.31 798.32 798.33 798.34 798.35 798.36 798.37 798.38 798.39 798.40 798.41 798.42 798.43 Article 4.5 798.45 A~k:le 5. 798.50 California Civil Code Provisions Mobilehome Residency Law (Effective January 1, 1992) © 1992 -- Western Mobilehome Association CONTENTS General 798.5 1 Citation and Application of Chapter Application of Definitions 798.52 Management Mobilehome Article 5.5 Mobilehome Park Park 798.53 New Construction Rental Agreement Afiicle 6. Homeowner 798.55 Change of Use Resident Tenancy 798.56 Notices; Delivery Rental Agreement 7qg.56a 798.57 Required Contents; Writing; Copies of MRL to Homeowners 798.58 Inclusion of Other Provisions 798.59 Long-Term Agreement; Exemption from Rent Regulation 798.60 Period of Written Agreement; Comparable 798.6 I Monthly Charges for One Year as for Month-to- Article 7. Month Tenancy Waiver of Rights; Public Policy 798.70 Discrimination 798.7 I Recreational Vehicles; Designated Areas Common Area Facilities: Hours of Operation 798.72 Rules and Regulations Amendments; Notification to Homeowners 798.73 Right of Entry by Management 798.74 Zoning or Use Permits: Leases: Notification to Homeowners 798.75 Name, Business Address & Phone of Mobilehome Park Owner: Disclosure 798.76 Mobilehome Ombudsman; Name, Address & 798.77 Phone; Posting of Sign 798.78 Fees and Charges Notice of Rent Increase 798.79 Authorized Fees 798.80 Charges for Unitsted Services: Notice 798.8 I Pets Guests; Senior Caregivers Article 8. Immediate Family 798.84 Rule Enforcement; Maintenance of Premises Entry, Installation or Hookup Fees; 798.85 Landscaping and Maintenance Charges 798.86 Utility Meter Service; Billing; Rate Schedule Security Deposits Security Liens; Mutual Agreement; Separate 798.87 Statements 798.88 Separately Stated Utility Services; Exemption AlflCle 9. from Rent Control; Reduction in Rent Violations of MRL: Fines: Penalties; Prohibitions 799 from Passing Through 799. I Master-metered Utilities; Use of Homeowner's 799.2 Meter for Common Area Rent Conhl 799.3 Exemption; New Construction 799.4 Homeowner CornrnunicOltOnl and Meetings 799.5 Statement of Legislative Intent 799.6 Rental Agreemenls/Rules: Prohibitions: Meet- ings: Public Officials: Canvass and Petitions Homeowner/Residents: Actions Homeowners Meetings with Management Managemeni: Meetings wilh Homeowners: Request: Matters lbr Discussion: Notice Termination at Tenancy Protection from Actual or Conslructive Evic- tion: Termination or Refusal to Renew: Rea- sons: Notice: Time Authorized Reasons t~r Terminalion: Copies to Legal Owners Rights & Responsibilities of Legal Owners Statement of Reasons in Notice Termination to Make Space tbr Buyer of Mobilehome from Park Owner Prohibited Notice by Homeowner: Time Appl ication of Other Laws Abandoned Mobilehomes; Disposition Transfer at Mobilehome or Mobilehome Park Advertising Listing or Showing Mobi lghome by Park Owner or Manager: Written Authorization: Prohibitions Transt~r or Selling Fee: Request t~r Service: Prohibitions Removal Upon Sale Io Third Puny; Conditions Prior Approval of Purchaser; Grounds for Withholding; Informing Homeowner: Financial Report/Refund: Time-Frame for Approval Sale or Transt~r of Mobilehome to Remain in Park: Required Documents: Unlawful Occupants Purchaser: Compliance with Adults Only Rule Waiver of Rights; Public Policy Rights/Responsibilities of Heir or Joint Tenant of Owner Foreclosure of Mobilehome; Sale to Third Puny Sale of Park: Listing; Notice to Residents Sale or Listing of Used Mobilehome: Probib- ited Acts of Management Actions, Proceedings, and Penalties Notice of Impending Action hy Homeowners to Park Management Attomey's Fees and Costs Willful Violation by Park Owner: Additional Penalty Public Nuisance Rule Violations; Injunction Subdivisions, Cooperatives, and Conclominiums Definilions Advertising Listing or Showing Mobilehome by Ownership or Management; Written Authorization Sale to Third Party; Prohibition Against Required Removal Prior Approval of Purchaser: Grounds for With- holding Purchaser; Compliance with A, dults Only Rule Waiver of Rights; Public Policy Article 1. General 798. This chapter shall be known and may be cited as the "Mobilehome Residency Law." 11 shall apply only to a mobilehome that requires a permit to be moved on a street or highway. 798.1. Unless the provisions or context otherwise re- quires. the following definitions shall govern the construe- tion of this chapter. 798.2. "Managemenf' means the owner of a mobile- home park or an agent or represenlative authorized to act on his behalf in connection with matters relating to a tenancy in thc park. 798.3. "Mobilehome" is a structure designed for human habitation and for being moved on a sireel or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome include~ a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobile- home. as defined in Section 18008 of the Health and Safety Code. but does not include a recreational vehicle. as defined in Section 799.24 of this code and Seclion 18010 of the Health and Sal~iy Code or a commercial coach as defined in Section 18001.8 of the Health and Sat~ty Code. 798.4. "Mobilehome park" is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. 798.6. "Park" is a mobilehome park. 798.7. "New Construction" means any newly constructed spaces initially held out tbr rent after January I, 1990. 798.8. "Rental agreement" is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A [ease is a rental agreement. 798.9. "Homeowner" is a person who has a tenancy in a mobilehome park under a rental agreement. 798. I 0. "Change of use" means a use of the park for a purpose other than the rental. or the holding out for rent, of two or more mobilehome sites to accommodate mobile- homes used tbr human habitation, and does not mean the adoption. amendment, or repeal of a park rule or regulation. A change of use may aft~ct an entire park or any portion thereoL "Change of use" includes. but is not limited to. a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold. 798. I'1. "Resident" is a homeowner or other person who lawfully occupies a mobilehome. 798.12. "Tenancy" is the right of a homeowner to the use of a site within a mobilehome park on which to locate. maintain. and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park. 798.14. Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner or deposited in the United States mail, postage prepaid. addressed to the homeowner at his or her site within the mobilehome park. Article 2. Rental Agreement 798, i 5, The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following: (a) The term of the tenancy and the rent therefor,. (b~ The rules and regulations of the park, (c) A copy of the text of this chapter shall be attached as an exhibit and shall be incorporated into the rental agreement by reference, Management shall provide all homeowners with a copy of this chapter prior to February I of each year, ira significant change was made in the chapter by legislation enacted in the prior year, (d) A provision specifying that it is the responsibility of the management to provide and maintain physical im- provements in the common facilities in good working order and condition, (e) A description of the physical improvements to be provided the homeowner during his or her tenancy. (f) A provision listing those services which will be pro- vided at the time the rental agreement is executed and will continue to be offered for the term of tenancy and the fees. if any. to be charged for those services. (g) A provision stating that management may charge a rea- sonable l~e for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event the homeowner fails to maintain such land or premises in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent. (h) All other provisions governing the tenancy. 798.16. The rental agreement may include such other provisions permitted by law, but need not include specific. language contained in state or local laws not a part of this chapter. 798.17. (a) Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance. rule. regulation, or initiative measure adopted by any local gov- ernmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of such a rental agreement shall prevail over conflicting provisions of such an ordinance. rule. regulation. or initiative measure limiting or restricting rents in mobilehome parks only during the term of the rental agreement or one or more uninterrupte~ continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months' duration is entered into. then the last rental rate charged for the space under the pre~ioUs rental agreement shall be the base rent for purposes of applicabk/~r'6~gions of law concerning rent regulation, if any. - The first paragraph of a' i'entaf'3Zgreement entered into pursuant to this section shall contain a provision notifying the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. (b) Rental agreements subject to this section shall meet all of the following criteria: ( 1 ) The rental agreement shall be in excess of 12 months' duration. (2) The rental agreement shall be entered into between the ~ management and a homeowner for the personal and actual residence of the homeowner. (3) The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the agreement. (4) The homeowner who executes a rental agreement offered pursuant to this section may void the rental agree- A merit by notifying the management in writing within 72 hours of the homeowner's execution of the rental agreement. (c) The homeowner shall have the option_to reject the offered rental agreement and instead accept a rental agree- ment for a term of 12 months or less from the date the offered rental agreement begins. In the event the homeowner elects to have a rental agreement for a term of 12 months or less. including a month-to-month rental agreement, the rental agreement shall contain the same "re. ntal charges" terms and conditions as the offered rental agreement during the first ! 2 months. except for options contained in the offered rental agreement to extend or renew the rental agreement. (d) Nothing in subdivision (c) shall be construed to pro- hibit management from offering gifts of value. other than rental rate reductions, to homeowners who execute a rental agreement ph'~Sh'~fl'to this section. (e) With respect to any space in a mobilehome park which "is exempt under subdivision (a) from any ordinance, .rule, regulation, or initiative measure adopted by any local gov- ernmental entity that establishes a maximum amount that a landlord ma~, charge a tenant for rent, the mobilehome park shall 'be exempt from any fee or other exaction imposed pursuant to such an ordinance, rule, regulation. or initiative measure or imposed for the purpose of defraying the cost of administration thereof. (fi At the time the rental agreement is first offered to the homeowner, the management shall provide written ' Notice to the homeowner of the homeowner's right (1) to aave at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of the acceptance of a rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner's option upon the homeowner's discov- ery of the failure. The receipt of any written notice pro- vided pursuant to this subdivision shall be acknowledged in writing by the homeowner. (g) This section does not apply to or supersede other provisions of this pan or other state law. 798.18. (a) A homeowner shall be offered a rental agree- ment for ( I ) a term of 12 months, or(2) a lesser period as the homeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management. (b) No such agreement shall contain any terms or condi- tions with respect to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the agreement from the. ~on'o,staonding terms or conditions that would be offered to the homeowners on a month-to-month basis. 798.19. No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles I to 8, inclusive, of this chapter. Any such waiver shall be deemed contrary -.-to public policy and void.' 798.20. Membership in any private club or organization which is a condition for tenancy in a park shall not be denied on the basis of race. color. religion. sex. national origin. ancestry. or mi'~'tal status. 798.22. (a) In any new mobilehome park that is devel- oped after January I. 1982. mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined by Section 799.24 unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart front the area designated for mobilehomes. Recreational vehicles may be located only in the specifically designated area. (b) Any new mobilehome park that is developed after Janu- ary !, 1982. is not subject to the provisions of this section 'tt0til 7,5 percent of the spaceD have been rented tbr the first time. 798.24. Each commdn area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the facility. Article 3. Rules and Regulations 798.25. A rule or regulation of the park may be amended at any time with the consent of a homeowner. or without his or her consent upon written notice to him or her of not less than six months.', except for regulations applicable to recrea- tiOna| facilities which may be amended without his or her consent upon written notice to him or her of not less than 6(} days. Written notice to a new homeowner. whose tenancy commences within the required period of notice. of a pro- posed amendment shall constitute compliance with this sec- tion where the written notice is given to him or her before the inception of his or her tenancy. _7.~98.26_., (a) Except as provided in subdivision (b), and notwithstanding any other'pii~i/ision of law to the contrary. the ownership or management of a pink, subdivision. cooperative. or condominium for mobi lehomes shall have no r_ight of entry to a mobileh_O_me without the prior ~nTTen consent of the reside. n_t, Such consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, for maintenance of the premises in accordance with the rules and regulations of the park when the. homeowner or resident fails to so maintain the premises, and protection of the mobilehome park. subdivi- sion, cooperative, or condominium at any reasonable time. but not in a manner. or at a time which would interfere with t~ re, sident's quiet enjoyment. - - _ . (b) The ownership or management of a park, subdivision. i:ooperative. or condominium for mobilehomes may enter a mobilehome without the prior written consent of the resident in case of an emergency or when the resident has abandoned the mobil~'ffoi'e.' ' - 9'g'.27. (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: ( 1 } the nature of the zoning or use permit under which the mobilehome park operates. If the mobile- home park is operating pursuant to a permit subject to a renewal or expiration date. the relevant information and dates shall be included in the notice. (2) The duration of any lease of the mobi lehome park, or any portion thereof, in which the management is a lessee. (b} If a change occurs concerning the zoning or use permit under which the park operates or a lease in which the man- agement is a lessee. all homeowners shall be given written notice within 30 days of that change. Notification regarding the change of use of the park, or any portion thereof, shall be governed by subdivision (g) of Section 798.56. A prospec- tive homeowner shall be nolified prior to the inception of the tenancy. 798.28. The management 'of a mobilehome park shall disclose. in writing. the name, business address, and busi- ness telephone hum bet of the m obi lehome park owner upon the request of a homeowner. 798.29. The management shall post on a sign provided by the Department of Housing and Community Development only the name. address. and_phone-n. urnber of the mobilehome ombudsman designated under Chapter 9 (com- menci~ng-with ~ii0n 18150) of Part 2 of Division 13 of the Health and Safety Code. in a conspicuouspublic place within the mobilehome park. Adicle 4. Fees and Charges 798.30. The management shall give a homeowner writ- ten notice of any increase in his or her rent at least 60 days before the date of the increase. 798.3 I. A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a lease '- l'or a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management. 798.32. A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management. at least 60 days before imposi- tion of the charge. 798.33. (a) A homeowner shall not be charged a fee for · keeping a pet in the park unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park. (b~ If the management of a mobilehome park implements a rule or regulation prohibiting residents from keeping pets in the park. the new rule or regulation shall not apply to prohibit the residents from continuing to keep the pets cur- rently in the park if the pet otherwise conforms with the previous park rules or regulations relating to pets. However. if the pet dies or no longer lives with the resident, the resident does not have the right to replace the pet. (el Any rule or regulation prohibiting residents from keeping pets in the mobilehome park shall not apply to guide dogs. signal dogs..or service dogs. 798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. Such a guest will not be required to register with the management. {b) A homeowner who is living alone and who wishes to share his or her mobilehome with one person may do so. and a fee shall not be imposed by management for that person. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. The guest shall comply with the provisions of the rules and regularlofts of the mobi lehome park. (c) A senior homeowner in a park which limits residence to adults only may share his or her mobilehome with any I~erson over 18 years of age if that person is providing live-in --.-. health care or live-in supportive care to the homeowner pursuant to a written treatment plan prepared by the homeowner's physician. A fee shall not be charged by man- agement for that person. That person shall have no rights of tenancy in the park. and any agreement between the home- owner and the person shall not change the terms and condi- tions of the rental agreement between management and the homeowner. That person shall comply with the rules and regulations of the mobilehome park. As used in this subdivi- sion. "senior homeowner" means a homeowner who is 55 years of age or older. 798.35. A homeowner shall not be charged a fee based on the n umber of members in his or her immediate family. As used in the:- section, the "immediate family" includes the home- owner, his or her spouse. their parents. and their children. 798.36. A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable fee may be charged by management for the maintenance of the land and premises upon which the mobilehome is situated in the event the homeowner fails to do so in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent. 798.37. A homeowner shall not be charged a fee for the entry installation, hookup, or landscaping as a condition of tenanc3 except for an actual fee or cost imposed by a local govemmental ordinance or requirement directly related to ate occupancy of the specific site upon which the mobilehome is located and not incurred as a portion of the development oftbe mobileborne park as a whole. However, reasonable landscaping and maintenance requirements may be included in the park roles and regulations. The management shall not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping from any person, company. or corporation. 798.38. Where the management provides both master meter and submeter service of utilities to a homeowner. for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his meter. The mana_g~ent shall post in a conspicuous place. the prevailing residential utilities rate schedule as published b$' the serving ~tility. 798.39. (a) The management may only demand a secu- rity deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months' rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following the initial occupancy. (b) After the homeowner has promptly paid to the man- agement within five days of the date the amount is due. all of the rent. utilities. and reasonable ~ervice charges for any I ~ consecutive month period subsequent to the collection of security deposit by management..or upon resale of the homeowner separaterFfoFutitity service fees and charges assessed by the utility for services provided to or for spaces in__the park;'X'ff'ny ~'p~t:ately billed utility fees and charges shall not be deemed to be included in the rent charged for those Spaces under the rental agreement. and shall not be deemed to be rent or a rent increase for purposes of any ordinance, rule, regulation. or initiative measure adopted or enforced by any local govemmental entity which establishes a maximum amount that a landlord may charge a tenant for rent, provided that at__the_~ime of the initial separate billing of any utility fees and charges the rent chargeable under the ren_tal agr_ee__merltpr_ t._h_e.._b_a_s~e rent ~hargeable under the terms of a local r_ent Cgn_trol provision is simultaneously redu. ced~_~b .an amount equal to the fees and charges separately billed~ ( Utility services to which this section applies are natural gas ior liquid propane gas, electricity, water, cable television, ;garbage or refuse service, and sewer service. ; (b) This section does not apply to rental agreements en- tered into prior to January I, 1991, until extended or renewed on or after that date. ~ (c) Nothing in this section shall require rental agreements to provide for separate billing to homeowners of fees and charges specified in subdix:-ion (a). 798.42. (a) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine, forfeiture, penalty, or fee assessed by a court of law against the management for a violation of this chapter, including any attorney's fees and costs incurred by the management in connection therewith. ~(b) A court shall consider the remoteness in time of the assess_~rnent against the managemenLof-any fine. _fg.r/eiture. ~enalt_y_, ~r'~ee in determining whether the hoi~0wner has me_t.xhe4~rden of proof that the fee or increase in rent is in mobileHome. whichever occurs earlier. management shall. upon the receipt of a written request from the homeowner, refund to the homeowner the amount of the security deposit within 30 days fol Iowing the end of the 12 consecutive month period of the prompt payment or the date of the resale of the mobilehome. (c) In the event that the interest in the mobilehome park is transferred to any other party or entity. the successor in interest shall have the same obligations of management con- tained in this section with respect to the security deposit. (d) The management shall not be required to place any security deposit col leered in an interest-bearing account or to provide a homeowner with any interest on the security de- posit collected. , (e) This section applies to all security deposits collected on or after January 1, 1989. However. any security deposit collected on other than initial occupancy from a homeowner between January 1, 1988, and'the effective date of this seerion shall be refunded on or before January 3I, 1989. 798.40. The management shall not acquire a lienor security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a mobilehome located in the park un~ ~mulually agreed-.u~:)'fi'by both the home- owner and';"nanage~ent~ billing and payment upon me obligation shall be kept separate from current rent. 798.41. (a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provide otherwise, the park management may elect to bill a violation of this section. ~- ~ ~gg. T37.~ ia~ ~EXc'e~"'~s provided in subdivision (b). when- ever a homeowner is responsible for payment of gas or elecu'ic utility ~rvice, management shall disclose to the homeowner any condition by which a gas or electric meter on the home- owner's site measures gas or electric service for common area facilities or equipment. including lighting. provided that man- agement has knowledge of the condition. Management shall disclose this information prior to the inception of the tenancy or upon discovery and shall com- plete either of the following: ( 1 ) Enter into a mutual written agreement with the home- owner for compensation by management for the cost of the portion of the service measured by the homeowner's meter for the common area facilities or equipment to the extent that this cost accrues on or after January 1, ! 99 I. (2) Discontinue using the meter on the homeowner's site for the utility service to the common area facilities and equipment. (b) If the electric meter on the homeowner's site measures electricity for lighting mandated by Section 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner's site, management shall not be required to comply with subdivision (a). Article 4.5. Rent Control .... ---, 798.45. Notwithstanding Section 798.17, "new construc- tion" as defined in Section 798.7, shall be exempt from any . ordinance, rule, regulation, or initiative measure adopted by any ' city, county, or city and county, which establishes a maximum. amount that a landlord may charge a tenant for rent. Article 5. Homeowner CommunicC~tions ; and Meetings ' 798.50. It is the intent of the Legislature in enacting this article to ensure that homeowners and residents Of mobile- home parks have the right to peacefully assemble and freely communicate with one another and with others with respect ,to mobilehome living or for social or educational purposes. ~1 798.5 I. No provision contained in any mobilehome park rental agreement, rule, or regulation shall deny orprohibit the right of any homeowner or resident in the park to do any of the following: (a) Peacefully assemble or meet in the park. at reasonable hours and in a reasonable manner, for any lawful purpose. Meetings may be held in the park community or recreation hall or clubhouse when the facility is not otherwise in use. and, with the consent of the homeowner, in any mobilehome within the park. .(b) Invite public officials, candidates for public office. or representatives of mobilehome owner organizations to meet with homeowners and residents and speak upon matters of public interest. in accordance with Section 798.50. (c) Canvass and petition homeowners and residents for non- commercial purposes relating to mobilehome living, election to public office, or the initiative, referendum, or recall processes. at reasonable hours and in a reasonable manner, including the distribution or circulation of information. · 798.52. Any homeowner or resident who is prevented by management from exercising the rights provided for in Sec- lion 798.51 may bring an action in a court of law to enjoin enforcement of any rule, regulation, or other policy which unreasonably' deprives a homeowner or resident of those rights. Article 5.5. HOmeowners Meetings ' with Management 798.53. The management shall meet and consult with the homeowners. upon written request. within 30 days of the request. either individually. collectively. or with representa- tives of a group of homeowners who have signed a request to be so represented on the tollowing matters: (al Amendments to park rules and regulations. (b) Standards for mainlenance of physical improvements in the park. (c) Addition. alteration. or deletion of service. equipment. or physical improvements. (d) Rental agreements offered pursuant to Section 798.17. Any collective meeting shall be conducted only after no- tice thereof has been given to all the requesting h0meowners I 0 days or more befi3re the meeting. Article 6. l'erminotion of Tenancy 798.55. '(a) The Legislature finds and declares that. be- Cause of the high cost of moving mobilehomes. the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes. and the cost of landscaping or lot preparation. it is necessary that the owners of mobile- homes occupied within mobilehome parks be provided with the unique protection from actual or constructive eviction afforded by the provisions of this chapter. (b) The management shall not terminate or refuse to renew a tenancy. except for a reason specified in this article and upon the giving of written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner. as defined in Section 18005.8 of the Health and Salary Code, each junior lienholder. as defined in Section 18005.3 of the Health and Safety Code. and the registered owner of the mobilehome. if other than' the homeowner, by Unit_e__d St'_ates_m_ail ..,,yithin l O'da~,s after notice to the home- 6~vner addressed to the [~gai owner. each junior lienholder. and the registered owner at their addresses. as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code. · 798.56. A tenancy shall be terminated by the manage- ment only for one or more of the following reasons: (a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate ~;emme~tal ~ge'~eyT. - (b~, Conduct by the homeowner Or resident, upon the park premises. which constitutes a substantial annoyance to other homeowners or residents. (c) Conviction of the homeowner or resident for prostitu- lion or a felony controlled substance offense if the act result- ing in the conviction was committed anywhere on the .;:premiSes of the mobilehome park. including. but not limited to. within the homeowner's mobilehome. However the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated. and does not subsequently reoccupy. the mobilehome. ~ (d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park which is part of ,~ the rental agreement or any amendment thereto. No act or omission of the homeowner or resident shall ---- ~constitute a failure to comply with a reasonable rule or regu- tation unless and until the management has given the home- owner written notice of the alleged rule or regulatio~ violation and the homeowner or re..S.j~ent has failed to adhere to the rule or regulation within seven days. However. ifa homeowner has been given a written notice of an alleged violation of the same i'ule or regu lation'on~hree or rn~'c~casiu. s within a 12-month period after the homeowner or resident has violated that rule or regulation. no written notice shall be required for a subsequent violation of the same rule or regulation. · " Nothing in this subdivision shall relieve the management :;from its obligation to demonstrate that a rule or regulation /! has in fact been vio!~ated. · . (e) ( 1 ) Nonpayment of rent. utility charges. or reasonable incidental service charges; provided that the amount due has been unpaid f_or_L.Loeriod of at least five dayS_from its due date, and ~'~'~;ided, t~'at-'~'7~'h"~me~'w~'~hall be given a thr_ee~day written notice s~bse_q_q_ent t_..__~o t~hat five:day period to pay. the amount due or to vacate the tenancy. For purposes of this s u bdiv iS i~ni·fl~'Tix;e-'d;~ '~i_.od cfoe s not include the d ate the payment is'due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil ProCedure. A copy of this notice shall be sent to the persons orentities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered' to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same "~ time as the 60 days' notice required for termination of the tenancy. (2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. In the event the homeowner does not pay prior to the expiration of the three-day notice period. the home- owner shall remain liable for all payments due up until the time the tenancy is vacated. (3) Payment by the legal owner. as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder. as defined in Section 18005.3 of the Health and Safety Code. or the registered owner. as defined in Section 18009.5 of the Health and Safety .Code. if other than the homeowner. on behalf of the homeowner prior to the expiration of 30 calen- dar days following the mailing of the notice to the legal owner. each junior lienholder. and the registered owner pro- vided in subdivision (b) of Section 798.55. shall cure a default under this subdivision with respect to that payment. (4) Cure of a default of rent. utility charges. or reasonable incidental service charges by the legal owner. any junior lienholder. or the registered owner. if other than the home- owner. as provided by this subdivision. may not be exercised more than twice during a 12-month period. (5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more . :~sions within the preceding 12-month period. no written three-day notice shall be required in the case of a subsequent nonpayment of rent. utility charges, or reasonable incidental service charges. In that event the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days. which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner. each junior lienholder, and the registered owner of the mobilehome. if other than the home- owner. as specified in paragraph (b) of Section 798.55. by certified or registered mail return receipt requested within I 0 days after notiq~_j_ssent to the homeowner. ' 7 (f) ~ C~.atio. of~ !~ark.-. 'Tg) Change oT"ase of the park or any portion thereof, provided: (I) The management gives the homeowners at least 15 .days' written notice that the management.will be appea~i'ng bef0r~'a~[.0c'C~._'g~V~'m/heht~fl bo/irdL commission, or body to req_Uest permits for_a change of use of the mobilehome park. (2) AFter all required pe'rmits requesting a change of use have been approved by the local governmental board. com- mission. or body. the management shall give the homeowners .six months' or more written notice of termination of tenancy. If the change of use requires no local governmental per- mits. then notieeshall~B. ! 2~.mo_nths ormore prior to th~ management's determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (3) The management gives each proposed homeowner written notice thereof prior to the inception of his or her tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted. (4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs. (5) A notice of a proposed change of use given prior to January I, 1980. which conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given. (h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Govemment Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section. 798.56a: (a) Within 60 days following receipt, or no later than 65 days after the mailing. of the notice of termina- tion of tenancy for nonpayment of rent or other charges, the legal owner and each junior lienholder shall notify the man- agement in writing of at least one of the following: ( ! )lts offer to sell the obligation secured by the mobile- home to the management for the amount specified in its written offer. In that event. the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected. the person or entity shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice. /(2) Its intention to foreclose on its security interest in the fnobilehome. (3) Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorney's t~es' and court costs incurred by the management in that action. (b) In the event that the legal owner or junior lienholder exercises any option described in paragraph (2) or (3) of subdivision (a). and has the right to sell the mobilehome within the park to a third party in accordance with this article. that person or entity shall have the right to keep the mobilehome on the site within the mobilehome park until it is resold as long as the person or entity performs all of the following acts: ( 1 ) (A) Satisfies. within the time period specified in sub- division (a), all of the homeowner's responsibilities and liabilities owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continue to satisfy them as they accrue from the date of the mailing of that notice until the date the mobilehome is resold. (B) Performance under this paragraph does not cure the default of the homeowner. (C) For purposes of this paragraph, the "homeowner's responsibilities and liabilities" means all rents, utilities, rea- sonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regula- tions. (2) Within the time period specified in subdivision (a). commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550. 18552. and 18605 of the Health and Safety Code,. and completes these repairs and corrective actions within 90 calendar days of that notice. or before the date the mobilehome is resold, whichever is earlier. (3) Complies with the requirements of Article 7 (com- mencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party. (c) In the event the legal owner or junior lienholder does not respond to the notice provided by management by noti- fying management in writing of its election pursuant to subdivision (a), or does not satisfy the requirements of sub- division (b). that person or entity shall have no rights to sell the mobilehome within the park to a third party. .... ~) In the event the homeowner files for bankruptcy. the periods set forth in this section are tolled until the mobilehome is released from bankruptcy. ' "' ' (e) Notwithstanding any otherprovisionofl.aw, including. but not limited to, Section 18099.5 of the Health and Safety Code, in the event neither the legal owner nor a junior lienholder, if any, notifies the management of its decision pursuant to subdivision (a) within the period allowed. or performs as agreed within 30 days, the management may either remove the mobilehome from the premises and place ~n storage or store it on its site, In thTS C~.~'~fi~)iwithstanding any other provision of law.' the management shall have a warehouseman's lien in accordan~e_mith Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage. which shall be superior to all other liens. except the lien provided for in Section 18116. I of'the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code. (f) All written notices required by this section shall be sent to the other party by certified or registered mail with return receipt requested. 798.57. The management shall set forth in a notice of termination. the reason relied upon for the termination with specific facts to permit determination of the date. place. witnesses. and circumstances concerning that reason. Nei- ther reference to the section number or a subdivision thereof. nor a recital of the language of this article will constitute compliance with this section. 798.58. No tenancy shall be terminated for the purpose of making a homeowner's site available for a person who pur- chase_d aJnobi lehome from the owner of the park or his agent. ~__79__8.__59.) A homeowner shall glve written' notice to th~ management of not less than 60 days before vacating his or her tenancy. 798.60. The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencfng with Section I i 59) of Title 3 o~ Part 3 of the C0d~ Of Civil Procedure except as otherwise provided herein. ,-"_7~/]'~61. (a) (1) As used in this section,~"abandoned mobilehome" means a mobilehome about which all of the following are true: (A) it is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding (B) It is unoccupied. !~_~C) A reasonable person would believe it to be aban- doned. - (2) For purposes of this section: (A) "Mobilehome" shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recrea- tional vehicle, as dellnod in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfied the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code, (B) "Abandoned mobilehome" Shall include a~nl~b]!e- home which is uninhabitable b~aus~ of its total or partial destruction which cannot be rehabilitated, if the mobilehome also satisifes the requirements of paragraph (1.~ ........ ~ (b) After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief ofatbandonment on the mobilehome for not less than 30 days, and ~hall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner. and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested. "' (c) Thirty or more days following posting 'pursuant to subdivision (b), the management may file a petition in the municipal or justice court for the judicial district in which the mobilehome park is located for a judicial declaration of aban- donment of the mobilehome. Copies of the petition shall be served upon the homeowner. any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on tbe mobilehome and mailing copies to those persons at their last known addresses by registered mail with a return receipt requested in the United States mail, postage prepaid. (d) (I) Hearing on the petition shall be given precedence over other matters on the court's calendar. --,, (2) If. at the hearing, the petitioner shows by a prepondet ance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing, the court shall enter ajudgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney's fees and costs to the petitioner. (3) A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail. (e) (1) Within 10 days following a judgment of abandon- ment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court. (2)' During this period the management shall post and mail notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determina- . tion of abandonment under subdivision (b). (3) At any time prior to sale of a mobilehome under this section, any person having a right to possession of the mobilehome may recover and remove it from the premises uporrpayment to the management of all rent or other charges due, including. reasottable co~ of'storage and other costs awarded by the court. Upon receipt of this payment and removal of the mobilehome from the premises pursuant --',. . to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure. (f) Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in subdivision (e), the management may conduct a public sale of the abandoned mobilehome and its contents. The manage- ment may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid. (g) Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys re- ceived from the sale and the disposition of the money and the items contained in the inventory submitted to the court pur- suant to subdivision (e). " (h) The management shall provide the purchaser at the sale with a copy of the judgment of abandonment and evi- dence cff the sale. as shall be specified by the State Depart- ment of Housing and Cgmmunity Development or the De- partment of Motor Vehicles. which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof. The sale shall pass title to the mobilehome to the purchaser free of any prior interest. including any security interest or lien. except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome. Article 7. Transfer of Mobilehome or Mobilehome Park 798.70. A homeowner. an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not rprprprp~b_ited by the terms of an agreement_with the manage- r~nt. ma~'ia~'rtise the rental of his or her mobilehome, by displaying a sign in the windowof the mobilehome, or by a sign post~il on the side of the mobilehome fac~n"ih"tg ehi'st~~g that the rn~6bilehdmEis~r sale'0r exchange or. if not prohibited. for rent by the owner of the mobilehome or his or her agent. ~"i'ii~"Stalv-the ha~ef'addrdgs, and telephone number of the owner of the mobilehome or his or her agent and shall not exceed 24 inches in width and 18 inches in height. 798.71. (a) The management shall not show or list for sale a manufactured home or mobilehome without first ob- tainLng the owner's written.authorization. The authorization s'h~il specif~'tlie terms inaconditions regarding the showing or listing. (b) The managem_e_nt shall prohibit neither the listing nor the sale of a mamffae'~ired home or mobilehome within the park by the homeowner, an heir. joint tenant, or personal representa- tive of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of anysuch person other than ~e tnanage- ment. nor require the selling homeowner, or an heir, joint tenant, or personal representative of~the-e-~ate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a home- owner at the time of his or her death. to authorize the management to act as t_h__e ag_ent in the sale of a manufactured home or mob~ehom~'as a con'clFtion0f management's approval of the buyer or prospective homeowner for residency in the park. Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. 798.72. (a) The management shall not charge a home- owner, a_p_n h_ei_r~ joint tenant, or personal ~e~ve of the estate who gains ownership of a mobilehome in the mobile- home park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person a transfer ot selling fee as a condition of a sale of his mobilehome within a park unless the management performs a service in the sale. The manage- ment shall not perform any such service in connection with the sale unless s_o requested~, m writing. by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death. or the agent of any Such penon. (b) The management ~ot char~a prospective home- owner or his or her agent. upon purchase of a mobilehome. a L~pndition ofapprovaiTor ~e~cy ini pirl< unless the management performs a specific sereice in the sale. 'The management shall not impose a fee. other than for a credit .,~.~_ ~n~ccordan'C~'W~~i sion ( b} of Sect io~798274, for an inte~iew 9[ a'~b~clime' hdm~6~ner.' ....... 798.73..The management shall not require the removal of a mobilehome from the park in the event of its sale to a third puny during the le~ of the homeowne~'s rental agree- ment. However. in the event of a sale to a third puny. in order to upgrade the quality of the park. the management may require that a mobilehome ~ removed from the park where: (a) It is not a "mobbing" ~ithin the meaning of Section 798.3. · .... ' (b) It is more than 20 years old, or mor~ than if manufactured after Septemir 15, 197 !. and is 20 feet wide ormore, and~he m~ilehome d~s n~ply with the health and safer~tandards provided in Sections 18550. 18552. and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an insp~- tion by the appropriat~enfo~(m~hY'~n~y, aS defined i~tion 18207 of the Health and Safety Code. ' ~c) The mobilehome is more than 17 years old. or more than 25 .years old if manufactured after September 15. 1971. and is rei~ fe~t'~ide, and the mobilehome does not comply ~~dffni~C~ and safety standards under SeCtions 18550, 18552, and 18~5 of the Health and Safety C~e and the regulations established thereunder, as deter- mined following an insection by the appropriate en- forcement agency, as defined in S~tion 18207 of the Health and Safety C~e. (d) It is in a significantly randown condition or in dis~pair. as dete~ined by ~ general condition of the mobilehome ~d its acceptabili~ to t~ ~1~ ~d safety of ~e ~cupants ~d to the public, ~lu~Siye_p~)~ag~.~ ~e manage~nt shall u,~ redonaiVe' d~e~ i~dete~ining ~e general condition of the mobilehome and its accesso~ structures. ~e m~agem~nt shall ~ar ~e burden of d~b~st~tifig that ~e mobilehome is in a signific~tly randown condition or in dism~ 798.74. (a) The management may require the right of prior approval of a purchaser of a mobilehome that will ~main in the park and that the selling homeowner or his or her agent give notice q~tb~ sale to the m~agement ~fore of the p~k unless the m~ageme~t reasonably dete~ines that, based on the purchaser's prior tenancies, he or she will not comply with the roles and regulations of the park. In detemining whether the purch~er has the financial ability to pay the rent and charBes of the park, the m~agemenl . i-~uire the putcheer to submit copies of ah} '~rionai In~e tax retums in order to ob~in a~prov~ for resideffJ in ~e pa~. However, m~agement may ~uim ~aser~ment the amount ~d so~ce of hispr)~s monthly income or mean~ncia[ sup~n. L~ ~ ?i Upon request of any prospective homeowner who pro- poses to purchase a mobilehome that will remain in the park, management shall inform !hal person of the information management will require in order to determine if the person will be acceptable as a homeowner in the park. pant a rental agreement. 798.76. The management may require that a purchaser of a mobilehome which will remain in the park. comply with any rule or regulation limiting residence to adults only. 798.77. No rental or sale agreement shall contain a pro-. Within 15 business days of receiving all of the information I vision by which the purchaser or homeowner waives his requested from the prospective homeowner. themanagemem her rights under this chapter. Any such waiver shall be : ' notify the seller and the prospective homeowner, in deemed contrary to public policy and shall be void and writin,o."'6Tn'Tff'er ~fcceptance or rejection of the appli~ation, unenforceable. shall ~a~reason if r_ejected. During this 15-day period the 798.78. (a) An heir, joint tenant, or personal representa- pr0ipect~ve' homeo~"'~er shall comply with the mana ement's re uest if . . . live of the estate who gains ownership of a mobilehome in ' ~ .' .' · ' Y, · pe: · r;!;rv~ew: it the the mobilehome park through the death of the owner of the approval of a prospective homeowner is withheld f~r any mobilehome who was a homeowner at the time of his or her ',gq _an fora rsonal~ · 'Yesulting there~~)(._ ~ ~/ ~ - ' onl~ if all the homeowner's responsibilities and liabilities to (b) It .the management collects a ef~e or charge from a the management regarding rent, utilities. and reaSondble pros~cnve purchaser of a mobilehome in order to obtain a mmntenance of the mobilehome and its premises which have financial report or credil rating, the full amount of the t~e or charge shall be credited toward payment of the first month's rent for that mobilehome purchaser. If, for whatever reasom the prospective purchaser. is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee orcharge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective pur- chaser elects not to purchase the mobilehome~ the manage- ment may retain the fee, or a portion thereof, to defray its administrative costs under this section. 798.75. (a) An escrow, sale, or transfer agreement in- volving a mobilehome located ina park at the time of the sale, where the mobilehome is to remain in the park, shall contain a copy of either a fully executed rental agreement or a statement signed by the park's management and the prospec- live homeowner that the parties have agreed to the terms and conditions of a rental agreement. (b) in the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy. (c~ In the event that an occupant of a mobilehome has no rights of tenancy and is not otherwise entitled to occupy the mobilehome pursuant to this chapter, the occupant is consid- ered an unlawful occupant if, after a demand is made for the surrender of the mobilehome park site, for a period of five days, the occupant refuses to surrender the site to the mobile- home park management. In the event the unlawful occupant fails to comply with the demand, the unlawful occupant shall be subject to the proceedings set forth in Chapter 4 (com- mencing with Section 1159) of Title 3 of Part 3 of the Cede of Civil Procedure. (d) The occupant of the mobilehome shall not be consid- ered an unlawful occupant and shall not he subject to the provisions of subdivision (c) if all of the following conditions are present: (1) The occupant is the registered owner of the mobile- home. (2) The management has determined that the occupant has the financial ability to pay the rent and charges of the park: will comply .with the rules and regulations of the park, based on the occupant's prior tenancies; and will comply with this article. (3) The management failed or refused to offer the occu- arisen since the death of the homeowner have been satisfied as they have accrued pursuant to the rental agreement in effect at the time of the death of the homeowner up until the date the mobilehome is resold. ~b) In the event that the heir, joint tenant, or personal representative of the estate does not satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowner's responsibilities and liabilities to the manage- ment which accrue pursuant to the rental agreement in effect at the time of the death of the homeowner, the management shall have the right to require the removal of the mobilehome frO~m the park. t( c) Prior tO_the sale of a mobilehome by an heir. joint tenant. or'personal repi-e~tat'iiv-e '6Fffie estate, that individual may replace the existing mobilehome with another mobilehome/ either_~new or Use,~.~, ot ~:i-,aVr fl~e existing mobilehome so that the mobilehome to be s01d complies with health and safety standards provided in Sections I8550, 18552, and i 8605 of the Health and Safety Cede, and the regulations established there- under. In the event the mobilehome is to be replaced, .the replacement mobilehome shall also meet current standards of the park as Contained in the park's most recent written require- ments issued to prospective homeoWners. (d) In the event the heir, joint tenant, or personal represen- tative of the estate desires to establish a tenancy in the park. that individual shall comply with those provisions of this article which identify the requirements for a prospective purchaser of a mobilehome that remains in the park. 798.79. (a} Any legal owner or junior lienholder who tbrecloses on his or her. security interest in a mobilehome located in a mobilehome park shall have the righr'rcrsell-the mobilehome within the park to a third party in accordance with this article, but only if all of the homeowner's responsibilities and liabilities to the management regarding rent, utilities. and reasonable maintenance of a mobilehome and its premises are satisfied by the foreclosing creditor as they accrue through the date the mobilehome is resold. {b) In the event the legal owner or junior lienholder has received from the management a copy of the notice of term i - nation of tenancy for nonpayment of rent or other charges, the foreclosing creditor's right to sell the mobilehome ----," within the park to a third party shall also be governed by Section 798.56a. l0 798.l:,0. (a) Not less Ihan 30 days nor more !hun one year prior to an owner cf a mobilehome park enlering into a written listing agreement with a licensed real estale broker, as defined in Article I (commencing with Seclion I 0130) of Chapter 2 of Part I of Division 4 of the Business and Prol~ssions Code. lbr the sale of the park. or offering to sell the park to any party, the owner shall provide wrinen notice of his or her intention to sell the mobilehome park by firsl-class mail or by personal deliver), to the president. secretary. and Ireusurer of any resident organi- zation tbrmed by homeowners in the mobilehome park as a nonprofit corporation. stock cooperative corporation. or other entity lbr purposes of converting the mobilehome park to condominium or stock cooperative ownership interests and for purchasing the mobilehome park from the management of the mobilehome park. An offer to .sell a park shall not be construed as an ofl~runderthis subdivision unless it is initiated by the park owner or agent. (b) An owner of a mobilehome park shall not. be required to comply with subdivision (a) unless the lUllowing condi- tions are met: ( I ) The resident organization has first furnished the park owner or park manager a written notice of the name and address of the president, secretary, and treasurer of the resi- dent organization to whom the notice of sale shall be given. (2) The resident organization has first notified the park owner or manager in writing that the park residents are interested in purchasing the park. The initial notice by the resident organization shall be made prior to a written listing or offer to sell the park by the park owner, and the resident organization shall give subsequent notice once each year thereafter that the park residents are interested in purchasing the park. (3) The resident organization has furnished the park owner or park manager a written notice. within five days, of any change in the name or address of the officers of the resident organization to whom the notice of sale shall be given. (c) Nothing in this section affects the validity of title to real property transferred in violation of this section, although a violation shall subject the seller to civil action pursuant to Article 8 (commencing with Section 798.84) by homeowner residents of the park or the resident organization. (d) Nothing in this section affects the ability of a licensed real estate broker, as defined in Article I (commencing with Section 10130) of Chapter 3 of Pan I of Division 4 of the Business and Proti~ssions Code. to collect a commission pursuant to an executed contract between the broker and the mobilehome park owner. (e) Subdivision (a) does not apply to any of the tbllowing: ( 1 ) Any sale or other transfer by a park owner who is a natural person to any relation specified in Section. 6401 or 6402 of the Probate Code. (2) Any transfer by gift, devise, or operation of law. (3) Any transfer by a corporation to an affiliate. As used in this paragraph, "affiliate" means any shareholder of the transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the transferring corpora- tion, or any other corporation or entity controlled, directly or indirectly, by any shareholderof the transferring corporation. (4) Any transfer by a partnership to any of its panners. (5) Any conveyance resulting from the judicial or nonjudi- II cial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of ~uch a /'oreclosure. 161 Any sale or transfer between or among joint tenants or tenants in common owning a mobilehome park. 17 J The purchase of a mobilehome park by a governmental entity under its powers of eminent domain. {fl This section shall remain in effect only until January, 1.1995, and as of that date is repealed. unless a later enacted statute. which is enacted before January 1. 1995. deletes or extends that date. 798.8 i. The management ( i ) shall not prohibit the listing or sale of a used mobilehome within the paxk by the homeowner. an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management, (2) nor require the selling homeowner to authorize the management to act as the agent in the sale of a mobilehome as a condition of approval of the buyer or prospective homeowner for residency in the park. Adicle 8. Actions, Proceedings, and Penalties 798.84. (a) No action based upon the management's alleged failure td~maintain the physical impT~'E~i~iii~s i~i the ~ommon facilit~ii'i'~good working ordef"o~dnditl~n or .a'rl~dil"'t't'r~c~"t~n of service may be commenced by'ihff~e- ~'iVhe, u-less't em~~men'i'ffas."f~ff'~iven'aTf~iit 30 ~lays" priornolicc ~ the mtennon to commence the action. "{D) rhe n~ice snail be m writing, sign~e'~i'6'me-' owner or homeowners making the allegations. and shall notify the management of the basis of the claim, the specific allegations. and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notiii'bTih'i e_gation to the managemen~~ b;'ih of he (c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. (d) For purposes of this. section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency. (e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commence- ment of the action shall be extended 30 days from the service of the notice. (f) This section does not apply to actions for personal injury or wrongful death. 798.85. In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney's fees and costs. A party shall he deemed a prevail- ing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dis- missed in his or her favor prior to or during the trial, unless the parties otherv.'ise agree in the settlement or compromise. 79~.86. In the event a homeowner or tbrmer homeowner of a park is the prevailing pan.',' in a civil action against the management to enforce his or her rights under the provisions of thi,, chapter. the homeawner. in addition to damages afforded bv lax,.'. may. in the discretion or' the court; be awarded an amount not to exceed five hundred dollars 155(X)) for each ~xi llful violation .of th,~se provisions by the management. 798.87. (a~ The ~,ubstantial failure of the management to pro~ ide and mai~.t. ain physical improvements in the common facilities in good~v,'orI. Zing order and condition shall be deemed a public nuisance. Notwithstanding Section 3491. ,~uch a nuisance may o. uly be remedied by a civil action or abatenlent. t b ) The substantial violation of a mobilehome park rule shall .._Dg deeme'W~a~fil"~i'c"ffuTs'arr~TNT~ith~s~afi~m~"Section .~'gT'. , such ~"~lffsm~,:c mT~"b~'ly"~ remedied by a civil action or ab~.ltement. """"'--- .... - .... "'Co) 'X ~i'vi'i'action pursuant to this section may be brought bv a park resident. the park management. or in the name of the people of Calitbmia by the district attorney or the city .attomey of the jurisdiction in which the park is located. 798.88. (a} In addition to any right under Article 6 icommenein~ with Section ~98.$5} to terminate the ten- ancy of a homeowner, any person in violation of a reason- able rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. {b} A petition for an order enjoininS a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof with *.he superior court for the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restrain- ing order in accordance with subdivision {a} of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upm~ the petitioner's affidavit showing to the satisfaction of the court reasonable proofof a continuing or recurring violation of a ri.le or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from contin- uance or recurrence of the violation. ~ c I A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respon- dent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect [br a period not to exceed 15 days, except as modified or sooner terminated by the court. ld~ Within 15 days of filing the petition for an injunc- lion. a hearing shall be held thereon. If the court. by clear and convincing evidence. finds the existence of a contin- uing or recurring violation of a reasonable rule or regu- lation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years. ~el However. not more than three mouths prior to the expiration of an injunction issued pursuant to this see- tion, the management of the mobilehome parr may peti- .tion under this section for a new injunction where there Has been recurring or continuous violation of the in june- tion or there is a threat of futurs violation of the ,'nobtie- home park's rules upon termination of the injunction. If) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona. lgt The remedy provided by this section is nonexclu: sire and nothing in this secfion:.~ll be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy. Adicle 9. Subdivisions, Cooperatives and Condominiums 799. As used in this article: la) "Ownership or management" means the ox~'nership or management of a subdivision. cooperative. or condominium for mobilehomes. (b) "Resident" means a person who maintains a residence in a subdivision. cooperative. or condominium for mobilehomes. 799. I. A resident may advertise the sale or exchange of his or her mobilehome or, if not prohibited by the terms of an agreement with the management or ownership. may advertise the rental of his or her mobilehome by displaying a sign in the window of his or her m0bi lehome stating that the mobi lehome is for sale or exchange or. if not prohibited. for rent by the owner of the mobilehome or his or heragent. The sign shall state the name. address. and telephone number of the owner of the mobilehome or his or her agent. and may be at lea.,,t 12 inches in width and 12 inches in length. 799.2. The ownership or management shall not shox,, or list for sale a mobilehome owned by a resident without first obtaining the resident's written authorization. The authori- zation shall specify the terms and conditions regarding the sho,ning or !isting. Nothing contained in this section shall be construed to affect the provisions of the Health and Safety Code governing the licensing of mobilehome salesmen. 799.3. The ownership or management shall not require the removal of a mobilehome from a subdivision. coopera- tive. or condominium in the event of its sale to a third party. 799.4. The ownership or management may require the right to prior approval of the purchaser of a mobi lehome that will remain in the subdivision. cooperative. or condominium for mobilehOmes and that the selling resident or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the st, bdivision, cooperative, or condominium unless the ownersh,p or management reasonably determines that. based On the purchaser's prior residences. he or she will not comply with the rules and regulations of the subdivision. cooperative. or condominium. 799.5. The ownership or management .may require that a purchaser of a mobilehome which will remain in the subdivision. cooperative. or condominium for mobile- homes, comply with any rule or regulation limiting resi- dence therein to adults only. 799.6. No agreement shall contain any provision by which the purchaser waives his rights under the provisions of this article. Any such waiver shall be deemed contrary to public policy and void and unenforceable. 12 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD OCTOBER 27, 1992 A regular meeting of the Temecula Community Services District was called to order at 8:31 PM. PRESENT: 5 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: 0 DIRECTORS: None Also present were City Manager David F. Dixon, .City Attorney Scott F. Field and June S. Greek, City Clerk. PUBLIC COMMENTS John Dedovesch, 39450 Longridge Drive, requested the Board develop a park on the north side of town. Director of Community Services Shawn Nelson reported that several lots have been investigated and the City is currently working with Bedford\Kemper on an agreement for the Winchester Hills Specific Plan, which would include a 4.4 acre park site, directly adjacent to the Winchester Creek Homes. Director Birdsall announced that the City is being considered for an award from the League of California Cities for its Teen Center Program and recognized Mr. Nelson and the Community Services Department for their efforts in this area. CONSENT CALENDAR It was moved by Director Moore, seconded by Director Birdsall to approve Consent Calendar Items. 1-3. The motion carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Muf~oz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 1. Minutes 1.1 Approve the minutes of October 6, 1992. -1- I 1 ~02~2 --C-$D Minutes October 27.1992 2. Combinina Balance Sheet as of June 30. 1992 and Statement of Revenues. Exoenditures and Changes in Fund Balance for Year Ending June 30.1992 2.1 Receive and file the Combining Balance Sheet as of June 30, 1992 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the year ended June 30, 1992. 3. Commuditv Services Recreation Brochures 3.1 Award contract to Graphics Unlimited for $18,044 to produce two (2) issues of the Community Services Recreation Brochure. GENERAL MANAGER'S REPORT None given. COMMUNITY SERVICES DIRECTOR REPORT Director of Community Services Nelson 'reported that plans for Phase II of the Community Recreation Center are now available and the Bid Opening will take place on November 24, 1992. He stated construction will begin .on the Loma Linda Park Site this week and the Senior Center Project is out to bid for 'grading and parking improvements with a bid opening of October 29, 1992. CITY ATTORNEY REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Moore, seconded by Director Lindemans to adjourn at 8:45 PM. The motion was unanimously carried. ATTEST: Ronald J. Parks, President June S. Greek, City Clerk/TCSD Secretary Minuteel 102792 -2- 11/02/92 TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO. --~ ..... MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD~J~No~_~ 1992 A regular meeting of the Temecula Redevelopment Agency was called to order at 8:45 PM. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Moore, Parks, Mur~oz ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director David F. Dixon, General Counsel Scott F. Field and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS It was moved by Agency Member Moore, seconded by Agency Member Lindemans to approve Items I & 2. The motion carried by the following vote: AYES: 5 AGENCY MEMBERS: NOES: 0 ABSENT: 0 Minutes Birdsall, Lindemans, Moore Parks, Mu~oz 1.1 AGENCY MEMBERS: None AGENCY MEMBERS: None Approve the minutes of' October 6, '1992. Combinine Balance Sheet as of June 30. 1992 and the Statement of Revenues. Expenditures and Chanc~es in Fund Balance for Year endinQ June 30. 1992 2.2 Receive and file the Combining Balance Sheet as of June 30, 1992 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the year ended June 30° 1992. 4~-J~)AMlN~I02792 -I- 11/02/92 --T~,mecula Redevelopment Agency Minutes EXECUTIVE DIRECTOR'S REPORT None given. GENERAL COUNSEL'S REPORT None given. AGENCY MEMBERS REPORTS Agency Member Lindemans requested the City investigate, with the attorneys who were involved in the Redevelopment Agency Stipulated Judgement, to determine if the 60 million dollar cap can be eliminated. ADJOURNMENT It was moved by Member Moore, seconded by Member Lindemans to adjourn at 8:50 PM. The motion was unanimously carried. October 27. 1992 J. Sal Mufioz, Chairperson ATTEST: June S. Greek, City Clerk/Agency Secretary 4~iDAMINXi02792 -2- 11/02/92 ITEM NO. 2 TO: FROM: DATE: SUBJECT: APPROVAL .~~ ITY ATTORNEY INANCE OFFIC~iR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Mary Jane Henry, Finance Officer November 10, 1992 Adopt Resolution No. RDA 92- RECOMMENDATION: entitled: That the Agency Members Adopt Resolution RDA No. 92- RESOLUTION NO. RDA 92- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH THE CONSTRUCTION OF A SENIOR CENTER AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY REGULATIONS (SECTION 1.103-18) DISCUSSION: In order to facilitate the award of the Senior Center construction contract in accordance with the Capital Improvement Program it is necessary for the agency members to take the above Resolution. Attachment: Resolution No. RDA 92- V :~WP'~RDABONDI.AGN RESOLUTION NO. RDA 92- A RESOLUTION OF THE REDEVELO PMENT AGENCY OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH THE CONSTRUCTION OF A SENIOR CENTER AS REQUIRED BY UNITED STATES DEPARTMRNT OF THE TREASURY REGULATIONS (SECTION 1.103-18) WHEREAS, on IJanuary 27, 1992, the United States Department of the Treasury (the "Treasury") issued final regulations (Section 1.103-18) relating to the use of bond proceeds for the reimbursement of expenditures made prior to the date of issuance of bonds (the "Reimbursement Regulations"); and WHEREAS, under the Reimbursement Regulations, in general, if specified requirements are satisfied, the proceeds used for reimbursement are deemed to be spent on the date of reimbursement; and WHEREAS,if such requirements are not satisfied, then proceeds used for reimbursement will remain subject to the rebate, arbitrage and other. rules relating to tax-exemption until ultimately spent; and WHEREAS, the Reimbursement Regulations apply to tax-exempt obligations issued after March 2, 1992, except that the Reimbursement Regulations do not apply to expenditures before such date if such expenditures were made after September 8, 1989, and if there was objective evidence at the time of the expenditures that the issuer reasonably expected to reimburse the expenditure with bond proceeds; and WHEREAS, the Temecula RedeVelopment Agency ("Agency") desires to construct a Senior Center, located on a '2.75 acre site located northeast of the centerline of Mercedes Street, at a total cost of $1,000,000.00. The Agency further intends 'to reimburse itself for the purchase price of the project from the proceeds of Redevelopment Bonds the agency intends to issue ("Obligations"). Agency intends to make expenditures relating to the purchase and development of the property in anticipation of issuance of the obligations collectively referred to as the ("Expenditure"); and WHEREAS, in order to comply with the Reimbursement Regulations, the public interest and convenience require that the agency officially declare its intent that the agency reasonably expects to reimburse the Expenditure with proceeds of the Obligations; NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED DECLARFJ~ by the Redevelopment Agency of the City of Temeeula as follows: Section 1. The foregoing recitals are true and correct. Section 2. The agency reasonably expects to reimburse the Expenditure with proceeds from the Obligations. The reimbursement of the Expenditure is consistent with the agency's established budgetary and financial circumstances. There ar~ no funds or sources of money of the Agency, or any related person or commonly controlled entity, that have been, or reasonable expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay costs of the property. to be paid or reimbursed out of proceeds of the Certificates. Section 3. This Resolution is a declaration of Agency's official intent under the Reimbursement Regulations. Section 4. The maximum principal amount of the Obligations for which the Expenditure is made is reasonably expected to be $1,000,0130.00 Section 5. The proceeds from the Obligations are to be used for the Project. Section 6. The City Clerk/Agency Secretary shall certify the adoption of this Resolution and thenceforth and thereafter same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 10th day of November, 1992. A'ITE~T: J. Sat Mu~oz, Chairperson June S. Greek, City Clerk/ Re, development Agency Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk/Redevelopment. Agency Secretary of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. RDA 92- was duly adopted at a regular meeting of the Redevelopment Agency of th.e City of Temecula on the 10th day of November, 1992, by the following roll call vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: June S. Greek, City Clerk/ Redevelopment Agency Secretary