HomeMy WebLinkAbout112492 CC Agenda AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
TEMECULA COMMUNITY CENTER - 28816 Pujol Street
NOVEMBER 24, 1992 - 7:00 PM
At approximately 9:45 PM, the City .Council will
determine which of the remaining agenda items
can be considered and acted upon prior to 10:00
PM and may continue all other items on which
additional time is required until a future meeting.
All meetings are scheduled to end at 10:00 PM
Next in Order:
Ordinance: No. 92-18
Resolution: No. 92-85
CALL TO ORDER:
Mayor Patricia H. Birdsall presiding
Invocation
Reverend Joan Rich Egea, Religious Science Church
Flag Salute
Cub Scout Pack 301, Webelos Den No. 3, Todd Thomas, Leader
ROLL CALL:
Lindemans, Moore, Mu~oz, Parks, Birdsall
PRESENTATIONS/
PROCLAMATIONS
PUBLIC COMMENTS
Bicycle Safety Poster Contest Winners
Presentation of Report on Upper Santa Margarita River
Watershed (By Nature Conservancy)
A total of 15 minutes is provided so members of the public can address the Council
on items that are not listed on the Agenda or on the Consent Calendar. Speakers are
limited to two (2) minutes each. If you desire to speak to the Council about an item
not listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form
should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name and address.
For all other agenda items a "Request To Speak" form must be filed with the City Clerk
before the Council gets to that item. There is a five (5) minute time limit for individual
speakers.
~ 21ageride/'112492 I 11/i7/12
NOTICE TO THE PUBLIC
All matters listed under Consent Cal/ndar 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
1
2
3
4
Standard Ordinance Adootion Procedure
RECOMMENDATION
· 1.1
Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of November 10, 1992.
Resolution Aooroving 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
Liability Insurance Renewal
RECOMMENDATION:
4.1 Approve renewal of the insurance policy with Insurance Company of the
West for General liability, Excess Liability, and Public Officials Errors and
Omissions coverage in the amount of $97,846.
AoDroval of the SuoDlemental Agreement AonrovinQ the 18th Year (Fiscal Year 1992-
93) Community Develooment Block Grant Fundinc~
RECOMMENDATION:
5.1 Approve and execute the Supplemental Agreement for the use of
Community Development Block Gram (CDBG) funds for City activities.
2 11 I17/92
2/agendd112492
6
7
8
Authorize Release of Security Amounts for Parcel MaD No. 22610
RECOMMENDATION:
6.1 Authorize the release of Street Improvement Faithful Performance
Warranty Trust Deposit, and the Material and Labor Letter of Credit in
Parcel Map No. 22610;
6.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors.
Completion and' Acceptance of Sixth Street Improvements Proiect No. PW 92-02
RECOMMENDATION:
7.1 Accept the Sixth Street Road Improvements, Project No. PW 92-02, as
complete and direct the City Clerk to file the Notice of Completion;
Release the Performance Bond;
Accept a one-year Maintenance Bond (10% of contract amount);
Authorize the release of the construction retention thirty-five (35) days
after filing of the Notice of Completion;
Authorize the release of Materials and Labor Bond seven (7) months
after the filing of the Notice of Completion if no liens have been filed.
7.2
7.3
7.4
7.5
Contract ChanQe Order No. 002 on Project No. PW 92-04. MarQarita Road Interim
Improvements
RECOMMENDATION:
8.1
Al~prove Contract Change Order No. 002 increasing the contract amount
by $75,000 due to overexcavation of unsuitable subgrade materials in
the fill areas;
8.2
Approve a transfer of $75,000 from the Measure "A" fund to the
Capital Projects Account;
8.3
Appropriate $75,000 to Capital projects Account No. 210-165-606-
5804 from Unreserved Fund Balance.
~ 2legends/112492 3 11 I1
Contract ChanQe Order No. 003 for Additional Professional Services bv Law/Crandall
Incorporated for Geotechnical Services on Margarita Road Extension Interim
Imorovements Project. PW 92-04
RECOMMENDATION:
9.1
Approve Contract Change Order No. 003 increasing the contract amount
$7,900 for additional Geotechnical Services;
9.2
Approve a transfer of $7,900 from the Measure "A" fund to the Capital
Projects Account;
9.3
Appropriate $7,900 to Capital Projects Account No. 210-165-606-5804
from Unreserved Fund Balance.
10
Contract Change Order No. 004 for Additional Professional Services by Rick
EnQineering ComDanv for Land Survevinq on Margarita Road Extension interim
Improvements Project. PW 92-04
RECOMMENDATION:
10.1
Approve Contract Change Order No. 004 increasing the contract amount
$4,000 for additional Land Surveying Services;
10.2
Approve a transfer of $4,000 from the Measure "A" fund to the Capital
Projects Account;
10.3
Appropriate $4,000 to Capital Projects Account No. 210-165-606-5804
from Unreserved Fund Balance.
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.
2/eOenele/112492 4 11117/92 "~
Change of Zone No. 5724 and Tentative Tract MaD 25277 (Acacia Homes)
(Continued from the meeting of 11/10/92)
RECOMMENDATION:
11.1
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
11.2
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
11.3
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
11.4
Adopt Negative Declaration 'for Change of Zone No. 5724 and Tentative
Tract Map No. 25277, Amendment No. 4.
~ 21~end~/112482 6 11117/82
COUNCIL BUSINESS
12
13
14
15
Adootion of a Resolution Denvina Public Use Permit No. 5 - New Community Lutheran
Church
RECOMMENDATION:
12.1
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'$ DECISION TO DENY
PUBLIC USE PERMIT NO. 5 TO ALLOW CONSTRUCTION OF A WORSHIP
CENTER AND A SUNDAY SCHOOL LOCATED ON THE SOUTHEAST CORNER
OF YNEZ ROAD AND SANTIAGO ROAD
Temporary Signs in Old Town Historic District
-RECOMMENDATION:
13.1 Provide direction to City Staff on the implementation of temporary sign
regulations in the Old Town Temecula Historic District.
Temecula Film Commission
RECOMMENDATION:
14.1 Direct staff to create an ordinance establishing an application procedure
and associated fee.
Resolution Suooorting the Western Riverside Council of' Governments ADDr0ach' to
Integrated Air Quality Implementation Program
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
INTEGRATED AIR QUALITY IMPLEMENTATION PROGRAM
21egende/1 t 2492 S 11 I11/92
Discussion of Rent Stabilization Reouest bv Residents of Heritaoe Mobile Home Park
17
18
(Placed on the agenda at the request of Councilmember Mu~oz)
RECOMMENDATION:
16.1
Direct staff to explore the type of ,rent stabilization ordinance that would
be in the best interest of mobile home residents of Temecula.
Discussion of BoVs and Girls Club Grant Reouest
RECOMMENDATION:
17.1
Review request for a grant and construction loan for construction of the
Boys and Girls Club facility and direct staff to begin discussions with
representatives of the Boys and Girls Club of Temecula.
Maintenance of Streets Not Within Maintained .Road Svstem
RECOMMENDATION:
18.1
Establish the TCSD as a potential financing mechanism that will finance
the design and construction cost associated with the expense of
upgrading non-maintained streets within the City to publicly maintained
standards (paved);
18.2
Direct Staff to expand the TCSD Service Levels to include road
maintenance for pre-existing roads that do not meet current standards
for acceptance into the Maintained Road System;
18.3
Establish a policy requiring a signed petition by 50% of the property
owners within a proposed Road Maintenance Service Level accepting
the service rates, when established, prior to forming a new Road Service
Maintenance Service Level;
18.4
Direct Staff to develop low volume, paved rural road standards similar
to those currently existing in the Los Ranchitos Development for use in
rural areas that have pre-existing roads that are not publicly maintained
or are within a proposed Road Maintenance Service Level;
18.5
Adopt a resolution entitled:
RESOLUTION NO. 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING OFFERS OF DEDICATION FOR STREET AND PUBLIC UTILITY
PURPOSES, BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET
SYSTEM, LIEFER ROAD
21eeende/112462 7
r 11111/I}
18.6
19
Authorize the Public Works Department to solicit informal bids for the
construction of culverts on John Warner Road (5) and Liefer Road (1).
The associated design and construction costs will be reimbursed to the
City from the TCSD Road Maintenance Service Level or an Assessment
District when they are formed.
Consideration of Cancellation of December 22.1992 City Council Meeting
DEPARTMENTAL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
Next meeting: December 1, 1992, 7:00 PM, Temecula City Hall, Main Conference
Room, 43174 Business Park Drive, Temecula, California.
Next regular 'meeting: December 8, 1992, 7:00 PM, Temecula Community Center,
28816 Pujol Street, Temecula, California
2/aGeride/112492 8 11 I19/92 '~,
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E~:~EMECULA~:CO'MMUNITY:::SERVICESDISTRICT~MEETING~::~(TO be'~heldata:00) :'~:
::::
Next in Oraer:
,
-
CALL TO ORDER:
ROLL CALL:
PUBLIC COMMENT:
President Ronald J. Parks
Resolution: No. 92-10
DIRECTORS:
Birdsall, Lindemans, Moore, Mu~oz, Parks
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
Minutes
RECOMMENDATION:
1.1 Approve the minutes of the meeting of November 10, 1992.
2
Loma Linda Park Site Project
RECOMMENDATION:
2.1 Award contract of $40,050 to Walt Rankin and Associates, Inc. to
purchase and install two (2) tot lots at the Loma Linda Park Site.
3
Reduction of Landscaoe Bonds for Tract 22716-0, 02, 03.04 - Vintage Hills
RECOMMENDATION:
3.1 Authorize the reduction of Landscape Improvement Bond amounts for
TCSD maintenance areas within Tract 22716-0, -2, -3 and -4.
~ 2Iceends/112492 9 11 I17/92
DISTRICT BUSINESS
4 Riverton Lane Park Site
RECOMMENDATION:
4.1 Approve the Master Plan for :the :Riverton Lane Park Site;
4.2 Authorize the preparation of construction documents and release a
formal public bid for the Riverton Lane Park Site.
5 Namina of Three City Park Sites
RECOMMENDATION:
5.1 Consider and if desired, approve names for three (3) city park sites.
GENERAL MANAGER'S REPORT - Dixon
DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson
BOARD OF DIRECTORS REPORTS
ADJOURNMENT: Next regular meeting December 8, 1992, 8:00 PM, Temecula
Community Center, 28816 Pujol Street, Temecula, California
21Nem~/112482 10 11117/12
::~'!1i::!r¢1'~1"'1:1:,141'I::41':4l',#1 ,I, .# 44..41..# t-#.,1t 41,.#.41.,I.,l, #.1,1 # 41. tt 1.41.41,.l, 4(, Ill.
Next in Order:
Resolution: No. 92-08
CALL TO ORDER:
ROLL CALL.:
Chairperson J. Sal Mu~oz presiding
AGENCY MEMBERS: Birdsall, Lindemans, Moore, Parks,
Mur~oz
PUBLIC COMMENT:
Anyone wishing to address the Agency, should present a
completed pink "Request to Speak" to the City Clerk. When you
are called to speak, please come forward and state your name
and address for the record.
AGENCY BUSINESS
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 10, 1992.
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBER'S REPORTS
ADJOURNMENT: Next regular meeting December 8, 1992, 8:00
Community Center, 28816, Temecula, California
PMi
Temecula
21agerd&'l 12492
11
11117/12
PROCLAMATIONS
TO:
FROM:
FAX
IOHN MEYER
CITY OF TEMECULA
l~rril~e Fellows
The Nature Conservancy
Telephone: (818) 40S-2965
Fax: (818) 405-2984
RECEIVED
SEP 0 8 1992
bs'd ............
Mmuzgemea~ A~ena~ves /or the Upper Seam Mm~m'Un ~ver W~e~ed,
~~ of ~a P~ ~ ~e N~ Co~cy by ~c ~~
~~ ~t of T~nds~ ~~m~, C~fo~ Poly~c
U~v~, ~m~
Pursuant to a contract with Thc Nature Conservancy, three graduate students prepared a report
focussed generally on the 'con~uence' area where the Murrieta, Temecula, ',nd Pechangs
Creeks meet the Santa Margarita River. The report was intended to generate excitement about
the planning possibilities currenUy offered to the City of Temecula. The report )royides both
design and policy recommendations to meet thc demands and requircments of the expected
growth in the area while being aware of the impact of any adopted policies on the Santo
Margarita River. :
Lisa Skillctt, onc of the student authors of the report would mate the presentation to the City
Council. If possible, she would accompany her brief presentation (10 - 15 minutes. or less) with
slide illustrations. lvis. Skillett would highlight the report's recommendations in tac fivc arcas
of (i) a Regional Recreation Trail System. (ii) Regional Surface/Wastewater Marggement,
(iii) Wildlife Corridors, (iv) Community Greenspace, and (v) Urban Crcck Dcvcbpment. Her
slides would also familiarize the viewers with the important ecologic and recreaficnal resources
offered by the Santa Margarita River.
These recommendations encourage, for cxamplc, infdWation of stormwater at its point of origin.
Such a policy would have benefits in addition to reducing the nccd for additional ;lood control.
The report also urges preservation of existing wildlife corridors which may s~multaneously
provide for urban greenspace and rccrcational trails, and may link with an inter)refive ccntcr
to describe the area's important historic and archaeologic history.
Thc report Eludes outstanding graphic depictions of community centers whict might take
advantagc of the area' s natural riparian beauty. Finally, thc report also provides s*abstantial text
describing the visual character of the watershed, its history, hydrology, geology. and wildlife
and vegetative communities.
ITEM
NO.
1
ITEM NO.
2
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
.CITY COUNCIL
NOVEMBER 10, 1992
A regular meeting of the City of Temecula City Council was called to order Tuesday,
November 10, 1992, 6:30 P.M., at the Temecula-Community Center, 28816 Pujol Street,
Temecula, California. Mayor Patricia H. Birdsall presiding.
PRESENT: 4 COUNCILMEMBERS:
Lindemans, Muft0z, Parks, Birdsall
ABSENT: I COUNCILMEMBERS: Moore
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), (b) and (c) to discuss potential litigation.
The meeting was reconvened at 7:10 P.M. in regular session by Mayor Patricia H. Birdsall.
INVOCATION
The invocation was given by Dr. Stephen P. Struikmans, Rancho Community Church.
PLEDGE OF ALLEGIANCE
The audience was led in the pledge of allegiance by Councilmember Mulloz.
City Manager David F. Dixon introduced Woody Edvalson, the new Assistant City Manager
of the City of Temecula.
PRESENTATIONS/ '
PROCLAMATIONS
Mayor Birdsall presented a Certificate of Appointment to Parks and Recreation Commissioner
Henry Miller.
Shawn Nelson presented the Council with the Inland Empire Division, 1992 Innovative City
of the Year Award received from the League of California Cities, for the City's Teen Center
program.
Mayor Birdsall proclaimed November 12, 1992 as "Karel Lindemans Day", and presented the
proclamation to Councilmember Lindemans.
,_... CCMIN11110192 -!- 11118/92
CITY COUNCIL MINUTE8 NOVEMBER 10, 1992
proclamation to Councilmember Lindemans.
Councilmember Lindemans delivered a departing speech and thanked everyone for their
support.
PUBLIC FORUM
None
Mayor Birdsall advised that Item 18 has been continued .to November 24, 1992. Mayor
Birdsall stated she received signed petitions from residents which are not dated and the cover
letter contradicts the action requested by the petition.
Mayor Birdsall advised that Consent Calendar Item No. 6 will be pulled for discussion and
Public Hearing Item 15 will be taken before Item 14.
Les Pitman, 29787 Dawncrest Circle, Temecula, and a property owner on Kahwea Road,
Meadowview, advised he is the spokesperson for all the property owners on Kshwea Road
and presented a petition to the City Council requesting the closure of Kahwea Road. Mr.
Pitman stated that he will also present the petition to the Traffic and ,Transportation
Commission.
CONSENT CALENDAR
Mayor Birdsall advised that Consent Calendar Item No. 7 is being pulled by staff.
City Attorney Scott Field advised that the action of Item No. 11 will not be approving the
actual expenditure of Redevelopment Agency Funds.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve
Consent Calendar Items I - 5 and Items 8 - 13.
The motion carried by the following vote:
AYES: 4 COUNCILMEMBERS: Lindemans, Muf~oz, Parks, Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Moore
1. Standard Ordinance Adootion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
CCMIN11110/92 -2- 11118/92
CITY COUNCIL MINUTES NOVEMBcR 10. 1992
e
e
e
e
10.
Minutes
2.1
included in the agenda.
Approve the minutes of October ,27, 1992.
Resolution AoDrovina List of Demands
3.1
Adopt a resolution entitled:
RESOLUTION NO. 92 - 83
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 Sereember 30. 199~
4.1
Receive and file the City Treasurer's report as of September 30, 199'2.
Balloon and Wine Festival Foundation Loan Re-Payment Terms
5.1
Approve the loan re-payment terms as proposed by the Temecula Valley
Balloon and Wine Festival Board of Directors.
Contract Chanc;e Orders No. 12-.~3 (PW 91-04) I-15 Off-Ramp at Rencho California
Road Sionalization Project
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.
Award of Bid for the Acauisition of Street Name Sions and Traffic sions
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 replacement signs and related hardware
from Safeway Sign Company 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.
Installation of Thirty (30) "STOP" Sians
~ CCldlN11110/92 -3- 11118/92
CITY COUNCIL MINUTES
10.1
11.
Consideration
11.1
11.2
11.3
11.4
12. Acceot Storm
12.1
NOVFMB~R 10.1999
Adopt a resolution entitled:
RESOLUTION NO. 92 - 84
A RESOLUTION OF THE CITY- COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING 'STOP" SIGNS
of Award of Contract for the Construction Portion of the Senior Center
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 $348,032 (bid amount plus 10%
contingency) to I.P.S. Services, Inc., for the grading and parking portion
of Project No. CSD 92-03.
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.
Drain Imorovements in Parcel MaD No. ?~515
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 Safetv Ordinance
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
CCMIN11/10192 -4- 11 i1We2 ~
CITY COUNCIL MINUTES NOVEMBER 10. 1992
6. Purchase of City Vehicles
City Attorney Scott Field advised that Consent Calendar Item 6 has been removed
from the Consent Calendar for discussion because staff was contacted by Paradise
Chevrolet and advised they had submitted a bic~ of $100.00 less than the bid that is
being presented tonight. Mr. Field stated staff has never received the bid from
Paradise Chevrolet and believing that all procedures were handled correctly, the
contract should be awarded to Schumacher Auto Sales.
Mayor Pro Tam Lindemans suggested there is always a possibility that errors are made
and moved to reject the bid received by Schumachar Auto Sales and start the bidding
process over. Mayor Birdsall seconded the motion for discussion.
Mayor Birdsall stated she feels staff is very careful in handling the bid packages. She
added the figures from Paradise Chevrolet did not come forward until after the bid
prices from Schumacher were published.
Councilmember Mur~oz expressed concern that the same problem could arise with
future bids.
It was moved by Councilmember Parks, seconded by Councilmember Muftoz to call for
the question. The motion was unanimously carried.
It was moved by Councilmember Parks, seconded by Councilmember Muftoz to award
the purchase of two vehicles to Schumacher Auto Sales.
AYES:
3 COUNCILMEMBERS:
Mufioz, Parks, Birdsall
NOES: 1 COUNCILMEMBERS: Lindemans
ABSENT: I COUNCILMEMBERS: Moore
Deoartment of Water Resources Urban Streams Restoration Grant for' the Restoration
of Murrieta Creek.
Director of Public Works Tim Serlet presented the staff report.
Councilmember Parks volunteered to serve on the Committee for Sound Development
of Murrieta Creek.
It was moved by Mayor Pro Tam Lindemans, seconded by Councilmember Parks to
approve staff recommendation and appoint Councilmember Parks to serve on the
Committee.
.,__ CCMIN 11 I10/92 -6- 11 ii 8/92
CITY COUNCIL MINUTES
The motion carried by the following vote:
AYES: 4
NOES: 0
ABSENT: I
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Mayor Birdsall declared a recess at 7:50 P.M.
PUBLIC HEARINGS
NOV~MB;R 10, 1992
Lindemans, Mufioz, Parks, Birdsall
, None
Moore
The meeting was reconvened at 8:12 P.M.
Mayor Pro Tam Lindemans stepped down due to e conflict of interest.
15.
Aooeal No. 27. Aoolicant's Aooeal of Planning Commission Decision Denying Public
Use Permit No. 5 - New Community Iutheran Church
Planning Director Gary Thornhill presented the staff report.
Councilmember Mu~oz questioned if the traffic study indicates there is currently a
traffic problem on Sundays.
Tim Serlet stated that the traffic counts are based on a worst case scenario and do not
take Sundays into consideration.
Councilmember Parks asked if the traffic study was generated using the ultimate build-
out of the project.
Tim Serlet advised the study was based on the portion of the project that is before the
Council.
Mayor Birdsall opened the public hearing at 8:30 P.M.
Louis Todd, 30645 Southern Cross Road, Temecula, church member and co-chairman
of the construction committee. Mr. Todd stated that New Community Lutheran
Church made every attempt to work with the Los Ranchitos Homeowner's Association
and met several times with the Board and the architectural committee to review the
plans. Mr. Todd advised the staff report shows that each of the concerns have been
addressed with measures to mitigate. Mr. Todd reviewed the criteria in which the
Planning Commission based their denial and advised speakers were present to address
each of the issues for denial. Mr. Todd presented a petition containing 726 signatures
in support of New Community Lutheran Church.
Paul Yeltin, 38088 Avenida Bravero, Temecula, gave a presentation on the church and
its services.
CCIdlN11 I10/92 -6- 11 I18/92
CITY COUNCIL MINUTES NOVEMBER 1 O, 1992
Vance Henrichs, Phoenix, Arizona, consultant specializing in locating church sites,
advised that he was hired by New Community Lutheran Church to assist in finding a
location for their new church.
Sandy Wilson, 40390 Carmelita Circle, Teme~;ula, representing Red Carpet Realty,
advised that extensive research was done and a feasibility study performed prior to the
purchase of the site as the location of New Community Lutheran Church, school and
day care facility.
AI Mendonca, 45640 Corte Montero, Temecula, realtor, discussed present market
values of homes listed in Los Ranchitos, foreclosures, etc.
Chris Winther, 4180 La Jolla Village Drive, Suite 500, La Jolla, attorney representing
New Community Lutheran Church, addressed the CC&R'a which were enacted in 1966
and included a provision which established an architectural committee. In 1967 an
amendment was made which specifically allowed commercial uses on Lot 86
(proposed church site). In conformity with the CC&R's the church submitted the plans
to the architectural committee, and pursuant to the CC&R's the architectural
committee had thirty (30) days to respond to those plans. Since no response was ever
received, Mr. Winther stated that legally approval has been granted by the action of
the Los Ranchitos HOA architectural committee. Additionally, Mr. Winther stated the
situation also deals with First Amendment rights and the Council, as well as the HOA,
has an obligation to protect the First Amendment rights of the citizens. Mr. Winther
concluded that the proposed use of the property is clearly in conformance with the
actions of the HOA in the 1967 amendment.
Mayor Birdsall declared a recess at 9:06 P.M. to change the tape. The meeting
reconvened at 9:09 P.M.
Gordon Brecken, a civil engineer representing New Community Lutheran Church, hired
to review the negative impacts stated studies conducted indicated there would be no
impacts from activities within the worship facility.
Robert Con, traffic engineer, representing Wilbur Smith & Associates, advised that a
traffic study was performed on seven intersections and all phases of the project. The
studies showed that the intersections will operate at acceptable levels, however, one
intersection will require a signal (Santiago Road and Front Street) as a result of impacts
from several projects.
Vince DiDonato, landscape architect representing The Alhambra Group, provided an
overview of the landscape plan.
Tim Holt, principal architect representing The Holt Group, provided an overview of the
site plan and design elevations.
,---, CCMIN 11 I10/92 -7- 11 I18/92
CITY COUNCIl MINUTES NOVI:MBI:R 10, 1992
Reverend Kenneth Moinar, 31505 Avenide Del Reposo, pastor of New Community
Lutheran Church, discussed the effects and purpose of the church and the services
provided by the church. Pastor Molnar read a letter received from a Los Ranchitos
property owner expressing support of the church.
The following individuals expressed their support for Appeal No. 27:
George Hrivnak, 30657 Sky Terrace, Temecula.
Angie Rardon, 30361 Mira Loms Drive, Temecula.
Helen Knapp, 2155 Calle Corredor, Fallbrook.
Nicole Rardon, 30361 Mira Lome Drive, Temecula.
Mary Waiters, 39798 Amberlay Circle, Temecula.
Alan Cook, 30962 Sheba Circle, Temecula.
Janice Duncan, 30890 White Rocks Circle, Temecula.
Alberta Kovach, 15061 Zieglinde Drive, Lake Elsinore.
Trudy Thomas, 41386 Magnolia, Murrieta.
Noble Waite, 30907 Riverton Lane, Temecula.
Tim Riter, 41768, Borealis, Temecula.
Councilmember Parks moved to extend the meeting at 10:00 P.M. to 11:00 P.M.
Mayor Birdsall declared a recess at 10:05 P.M. to change the tape. The meeting
reconvened at 1 O: 10 P.M. Mayor Birdsall suggested continuing Items No. 14, 17, and
18. All individuals present to address Item No. 14 concurred with the oontinuance.
Individuals representing Item No. 17 stated they preferred to have their proposal heard
tonight.
Mayor Birdsall declared a recess at 10:15 P.M. The meeting reconvened at 10:25
P.M.
The following individuals expressed strong opposition to the proposed church end day
care/school facility:
Neyree Davis, 28895 Vellejo Avenue, Temecula, president of the Los Renchitos
Homeowners Association, stated that a recent telephone survey indicates 83% of the
Los Ranchitos homeowners reached are against the proposal.
Jim Meyler, 29930 Santiago Road, Temecula.
James Kevany, 29001 Ynez Road, Temecula.
Michael Tremble, 28900 Vellejo, Temecule.
Paul Principe, 28960 Ynez Road, Temecula.
It was moved by Councilmember Parks, seconded by Councilmember Mu~ioz to extend
the meeting to 11:30 P.M. The motion was unanimously carried with Mayor Pro Tem
Lindemsns abstaining and Councilmember Moore absent.
CCMIN 11 I10/92 -8- 11 I18/92 ~'~,
CITY COUNCIL MINUTES NOVEMBER 10, 1992
Additional speakers in opposition to the proposed church and school facility were:
Linda Campbell, 28750 Vallejo, Temecula.
Chuck Allen, 28565 Vallejo, Temecula.
Bobbie Principe, 28960 Ynez, Temecula.
Terri Gassen, 44501 Verde Drive, Temacula.
Don Rohrabacher, 49281 Floras, Temecula.
Linda Biancur, 29710 Vallejo, Temecula.
Lenny Pechner, 30000 Santiago Road, Temecula.
John Pepe,' 28980 Vallejo, Temecula.
The following concerns were expressed by the residents: traffic volumes, impacts
created by noise, light and air pollution, loss of rural environment atmosphere, danger
to equestrian community due to increased traffic, loss of property values, incompatible
with surrounding land use, and concentration of institutional facilities currently existing
in the area.
It was moved by Councilmember Parks, seconded by Councilmember Mufioz to extend
the meeting to 12:00 P.M. The motion was unanimously carried with Mayor Pro Tam
Lindemans abstaining and Councilmember Moore absent.
The following individuals were present in support of the denial however, waived their
time to speak:
Robert Burns, 30012 Santiago Road, Temecula.
Dorothy Meyler, 29930 Santiago Road, Temecula.
Bruce Davis, 28895 Vallejo, Temecula.
Tim Delaney, 28850 Vallejo, Temecula.
Jeanne Burns, 30112 Santiago Road, Temecula.
Ralph Neimeyer, 29962 Santiago Road, Temecula.
Sandra Allen, 28565 Vallejo, Temecula.
· Lee Biancur, 29710 Vallejo, Temecula.
Robert Campbell, 28750 Vallejo, Temecula.
Norm Achen, 43805 Villa Del Sur Drive, Temecula.
Jack Fox, Temecula.
Peggy Gagnon, 28720 Vallejo, Temecula.
Sue Neimeyer, 29962 Santiago Road, Temecula.
Ruth Stockton, 28685 Vallejo, Temecula.
Stan Stockton, 29685 Vallejo, Temecula.
Ann Delaney, 28850 Vallejo, Temecula.
Lyle Paterson, 30018 Mira Loma Drive, Temecula, pastor of Hope Lutheran Church and
previous property owner of the proposed church site advised the Council that due to
a change of land with Kaiser they moved to their present location, however if they had
known the community would grow as it did, they would have built the church at the
Los Ranchitos location. Pastor Paterson advised that Hope Community Church
..,,.. CCMIN11 I10/92
CITY COUNCIL MINUTES NOVI:MBER 10, 1992
considered property in Los Ranchitos in 1990 to build a new church. At that time
church principals went door-to-door and presented an amendment to the CC&R's and
received 44% approval of an amendment to the CC&R'S, 22% were not in favor and
34% were undecided or uncontacted.
Louis Todd expressed to the Council that the' experts spoke in all their respective
forums and have shown that the concerns are being mitigated.
Mayor Birdsall closed the public hearing at 11:50 P.M.
Councilmember Parks stated that in considering the location for a church, day care,
school, etc., he does not feel that this is the best location for the ultimate proposed
project and it might be better for the church to find a location within the community
that is better suited to meet the demands of the project the wishes to see completed
in several phases.
Councilmember Mufioz stated he feels the project should be addressed as presented
and he does not see the objective data indicating that the project is going to impact
traffic. Councilmember Muf~oz added that he believes the CC&R's support the
proposed use and therefore he would be in support of the use.
Mayor Birdsall advised she has concerns regarding the traffic impacts. Mayor Birdsall
stated that after meeting with the church group she advised them that she would only
be able to support the church at this location and not the entire facility.
It was moved by Councilmember Parks to direct staff to prepare a resolution of denial
in support of the Planning Commission's decision. Mayor Birdsall seconded for
discussion.
Mayor Birdsall clarified her decision was one of the best land use and not based on the
church use.
The motion was carried as follows:
AYES: 2 COUNCILMEMBERS: Parks, Birdsall
NOES: 1 COUNCILMEMBERS: Mui~oz
ABSENT: 1 COUNCILMEMBERS: Moore
ABSTAIN: 1
COUNCILMEMBERS: - Lindemans
Mayor Pro Tem Lindemans rejoined the Council.
Councilmember Mufioz excused himself from the meeting at 12:10 P.M. due to illness.
CCMIN11110/92 -10- 11118/92 ~
CITY COUNCIL MINUTES NOVFMBER 10. 1992
14. Chanae of 7one No. 57.~4 and Tentative Tract Mao ~5~77 (Acacia Homes)
Mayor Birdsall opened the public hearing at 10:10 P.M.
It was moved by Councilmember Mufioz, secoqded by Mayor Pro Tem Lindamans to
continue Change of Zone No. 5724 end Tentative Tract Mao 25277 (Acacia Homes)
to the meeting on November 24, 1992. The motion was unanimously carried with
Councilmember Moore absent.
COUNCIL BUSINESS
16.
Appointment to the Public/Traffic Safetv Commission
It was moved by Councilmember Mur~oz, seconded by Mayor Pro Tam Lindemans to
re-appoint Commissioner Jerry Godnick to the Public/Traffic Safety Commission. The
motion was unanimously carried with Councilmember Moore absent.
17.
AOOrOvxl Of Temporary Outdoor Activity Permit for Old Town's Rod Run
Gary Thornhill presented the staff report.
Mayor Birdsall opened the public hearing at 12:20 P.M.
Chuck Cena, 28795 Mesa Road, Temecula, representing the Old Town Temecula
Merchants Association, advised that based on the fact this event has gotten a little out
of control in the past, it has been proposed that a gate fee be charged to provide
adequate security, toilets, clean-up, etc. Mr. Cena added that a majority of the
merchants are in favor of the event however, some are against charging a gate fee.
It was moved by Councilmember Parks, seconded .by Mayor Pro .Tam Lindemans to
extend the meeting to 12:30 P.M. The motion was unanimously carried with
Councilmembers Moore and Muftoz absent.
Mike Keenan, 431 Tracy, Orange, representing the Early Times Car Club, advised that
the proposal to gate and charge admission is to provide for an orderly event. Mr.
Keenan added there would be no costs to the City or the merchants to carry the event.
Jerry Regier, 42817 Agena, Temecula, representing K-Hi Radio, stated that he was in
support of the annual Rod Run event. Mr. Regier expressed concern that the event
gets larger every year and the potential for an incident in an uncontrolled event rises.
Mr. Regier concluded by saying that he feels the principals have the City's best interest
in mind in proposing that Old Town be closed and a fee charged for the event.
~ CCMIN 11 I10192 - 11 - 11 I18/92
CITY COUNCIL MINUTES NOVFMBFR 10. 1992 --~
Del Austin, 2298 Reservoir Drive, Norco, outlined the proposed event. Mr. Austin
stated that Early Times Car Club would propose to close Old Town Saturday and
Sunday to control traffic, protect display vehicles, and hold the entire event. Mr.
Austin stated that he feels the gate is very necessary to control the crowd, decrease
liability, and protect the cars from damage.-
Marcy DiMasi, 30425 Del Rey Road, Temecula, representing the Rod Run Committee,
discussed the results of the informational meeting and ballots received concerning
charging for the Rod Run event. She presented the ballots to the City Clerk for the
record.
Mike Keenan discussed the proposed ticket pricing and special passes.
Barbara Morgan, 40249 Main Street, representing Morgan's Antiques and 16 dealers
who oppose gating Old Town and charging for the event. Ms. Morgan added that she
circulated e petition through Old Town and the general consensus was that it would
be okay to close on Sunday however, to close down the streets for the entire weekend
would place a burden on every merchant in Old Town.
Tom Smisck, 42030 Main Street, Temecula, expressed his support of the event,
however is against gating of event and closing Old Town for two days. Mr. Smisck
suggested a monetary donation on a volunteer basis rather than charging a pre-
determined rate, Mr. Smisck concluded with his concerns that the votes taken for and
against the gating of the event were not handled judiciously.
Bill Hepburn, 3430 S. General Kearnery Road, Temecula, expressed his support for the
Rod Run Event however, he feels that there are too many' people and too many cars
involved in the event. Mr..Hepburn expressed concern that Fire, Ambulance and Police
cars could not get into Old Town if necessary.
Mayor Birdsall exWessed her dismay at the quarrelling between all the parties. She
stated that if the Rod Run event is not brought under control, it .will have to be moved
out of the Old Town area due to the size of the event.
Councilmember Parks stated that he feels the complimentary tickets for the merchants
is a great promotional program. He added that he would like to see both the'Rod Run
group and the Old Town merchants work together and come up with a amicable
solution.
Mayor Pro Tem Lindemans stated that he has concerns with any organization taking
over the City for a weekend. He added that he would like to see compensation to the
merchants.
Mike Keenan clarified that by gating the Old Town, Early Times Car Club is taking full
financial responsibility for the event. Projected revenues to the Old Town Temecula
Merchants Association is approximately $20,000 and Temecula Town Association
CCMIN11110/92 -12- 11118/92 "'~,
~-_ CITY COUNCIL MINUTES NOVEMBI:R 10, 1992
approximately $5,000 with no responsibility or liability.
Lucia Becker, 28657 From Street, Temecula, representing Becker Fine Art, advised the
funds that would come back to the Old Town Temecule Merchants Association
(OTTMA) would be used for improvements, in Old Town and support for the
O.T.T.M.A.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to
extend the meeting to 1:00 A.M. The motion was unanimously carried with
Councilmember Moore and Mufioz absent.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to
direct staff to work with the Old Town Merchants Association to issue a Temporary
Outdoor Activity Permit authorizing the Annual Rod Run as a two-day gated event in
Old Town Temecula.
The motion carried as follows:
AYES:
3 COUNCILMEMBERS:
Lindemans, Parks, Birdsall
NOES:
0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS:
'Moore, Mufioz
18.
Discussion of Rent Stabilization Reouests by Residents of Heritage Mobile Home Park
Staff recommended continuance to the meeting of November 24, 1992.
CITY MANARFR REPORT
None
CITY ATTORNEY REPORT
None
COUNCIL REPORTS
None
,---, CCMIN11110/92 -13- 11118/92
CITY COUNCIL MINUTES NOVI=Mle=R 10. 1992
ADJOURNMENT
Mayor Birdsall adjourned to an Executive Session at 1:00 A.M. The meeting was reconvened
at 1:33 A.M. with Councilmembers Moore and Mufioz absent. It was moved by
Councilmember Parks, seconded by Mayor Pro Tem Lir)demans to adjourn at 1:34 A.M. to a
meeting of the City of Temecula City Council to be held jointly with the City of Temecula
Planning Commission, Wednesday, November 18, 1992, 6:30 P.M., Temecula City Hall Main
Conference Room, 43174 Business Park Drive, Temecula, California. The motion was
unanimously carried.
The next regular meeting of the City of Temecula City Council will be held Tuesday, November
24, 1992, 7:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California.
Mayor Patricia H. Birdsall
ATTEST:
City Clerk, June S. Greek
CCMINI 1 I10/92 -1.4,. 11 I18/92
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
EXIHRIT A .
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the following claims and demands as set forth in Exhibit A have been
audited by the City Manager, and that the same are hereby allowed in the amount of
$476,846.74
SECTION 2. The City Clerk shah certify the adoption of this resolution.
APPROV!~ AND ADOPTED, this 24th day of November, 1992.
ATI'F.~T:
Patricia H. Birdsall, Mayor
June S. Greek, City Clerk
[SEAL]
~ Resos 284 I
STATH 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 Resolution No. 92-xx was duly adopted at a regular meeting of the City Council of
the City of Temecula on the 24th day of November, 1992 by the following roll call vote.
0 COUNCILMEMBERS: None
NOES:
0 COUNCH.,MEMBERS: None
ABSENT: 0 COUNCILMI~MBERS: None
June S. Greek, City Clerk
,,_, Rcsos 284 2
CITY OF TEMECULA
LIST OF DEMANDS
'10/29/92 TOTAL CHECK RUN:
11/05/92 TOTAL CHECK RUN:
11/12/92 TOTAL CHECK RUN:
11113/92 TOTAL CHECK RUN:
11/24/92 TOTAL CHECK RUN:
11/05/92 PAYROLL:
TOTAL LIST OF DEMANDS FOR 11/24/92 COUNCIL MEETING:
$1,006.21
$127,556.25
186,048.90
135,097.4.9
$136,150.25
ILI0,987.64
1476,846.14
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL $198,042.73
100 GAS TAX FUND 178,207.5e
190 TP__.~D 144,881.98
210 CAPITAL IMPR. PROJ. FUND $5,853.95
250 CAPITAL PROJECTS-TC~D 188,893.70
280 REDEVELOPMENT Ai3ENCY-CIP 377, 11
3430 INSURANCE FUND Sl ,582.44
310 VEHICLE FUND 1r23.97
320 INFORMATION8 SYSTEMS $5,723.20
330 COPY CENTER FUND $11,572.43
PAYROLL:
00t GENERAL (PAYROLL) $8~,774.76
100 GAS TAX FUND (PAYROLL) 110,219.46
1 gO TCSD (PAYROLL) I18,0/2.84
300 INSURANCE FUND 1561.20
320 INFORMATION SYSTEMS (PAYROLL.) lit.76
330 COPY CENTER FUND (PAYROLL) Sl ,2g~.82
TOTAL BY FUND:
PREPARED BY MICHELLE LARSON
I, ~fet~,¢,,, ~//C/J~,,4.. A,,,I,,q,,/' ,HEI:EBY CERTIPY THAT THE FOLLOWINQ IS TRUE AND CORRECT.
MAR~,~ItNE MCLAIstNBY, RNANCE OFF~
I, ~ , HEREBY CERTIFY THAT THE FOLLOWIN(3 18 TRUE AND COIqI:ECT.
DAVE DIXON, FrY MANAGER
VOUCNRE2
11/1..TII.~2
10:36
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
190 COHNUNITY SERVICES DISTRICT
TOTAL
ANOUNT
473.35
4.30
528.56
1,006.21
VOUCHRE2
11/13/92
VOUCHER/
CHECK
NUHBER
13113
13114
13116
13116
13116
13116
13116
13116
13116
13116
13116
13116
10:36
CHECK
DATE
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
VENDOR
NUMBER
000583
000594
000160
000160
000160
000160
000160
000160
000160
000160
000160
000160
VENDOR
NAME
RANCHO RUNNERS
KRTM FM RADIO
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPt4ENT
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPMENT
EMPLOYMENT DEVELOPMENT
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
MESSENGER SERVICE; DAIL
ADVERTISEMENT
3RD QTR UNEMP/TRAIN]NG
3RD QTR UNEMP/TRAXNING
3RD QTR UNEMP/TRAINING
3RD QTR UNEMP/TRAINING
3RD QTR UMENP/TRAINING
3RD QTR UMEHP/TRAINING
3RD GTR UNENP/TRAINING
3RD QTR UNEHP/TRAINING
3RD QTR UNENP/TRAIN[NG
3RD QTR UNENP/TRA[NING
ACCOUNT
NUMBER
001-140-999-5210
190-183-941-5300
001-2070
190-2070
190-2350
001-2350
100-2350
190-2350
001-2350
001-140-999-5109
001-110-999-5109
001-2070
ITEM
AMOUNT
157.50
200.00
173.98
152.16
177.90
52.37
4.30
1.50-
11.99
.84-
93.10
14.75-
PAGE 1
CHECK
AMOUNT
157.50
200.00
(~.8.71
TOTAL CHECKS
1,006.21
VOUCHREZ
11/~13~92 11:14
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUNBER DATE NUNBER NAIqE
13265 11/13/92 0001/~ COSTCO ~HOLESALE
13266 11/24/92 000257 RANTEK
13266 11/24/92 000257 RAHTEK
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEH ACCOUNT
DESCRIPTION NUHBER
ENERSON TV/VCR 280-1~-~-5264
STREET NA]NTENANCE~ STR 100-164-~-5402
STREET HAINTENANCE, STR 100-164-~9~-5402
ITEN
AMOUNT
377.11
1#487.98
33,232.40
PAGE 1
CHECK
AHOUNT
377.11
34,720.38
TOTAL CHECKS
35,097.49
VOUCHRE2
11/1~d,~Z
11:14
*CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERICX)S
PAGE
FUND TITLE
100 GAS TAX FUND
280 REDEVELOPt4ENT AGENCY - CIP
TOTAL
AMOUNT
3~,720.38
377.11
35,097.49
VOUCHRE2
11/!}/-.~Z
Q8:59
CITY OF TENECULA
VOUCliR/CHECK REGISTER
FOR ALL PERIODS
PAGE
FUND T Z TLE
001 GENERAL FUND
100 GAS TAX FUND
190. COll4UNITY SERVICE,~ DISTRICT
210 CAPITAL ZNPROVEJ~ENT PROJ FUND
250 CAPITAL PROJECTS - TCSO
300 lli~UitANCE FLIT)
330 COPY CENTER FUIID
TOTAL
53,62T.56
?.6,195.97
!1,89/,.79
1,650.00
38,693.70
931.86
3,153 .IT
136,150.25
VOUCHRE2 PAGE 5
11/1)..L92 16:20
VOUCHER/
CHECK
NUHBER
13212
13212
13212
13212
13212
13212
13212
13212
13212
13212
13212
13212
13212
13212
13212
13213
13213
13214
13215
12""'~,
13217
13218
13218
13219
13220
13221
13222
13223
13226
13226
13225
13226
13227
13227
13228
CHECK
DATE
11/12/92
11/12/92
11/12/92
11/12/92
11112192
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11112192
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11112192
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR VENDOR ITEH ACCOUNT ITEN
NU!qBER NANE DESCRIPTION HUHHER ANOUNT
000430
000~30
0004,30
000430
000~30
000430
000~30
000/,30
000430
000~30
000430
000430
000430
000430
000~30
GROUP ANERICA INS, PREW NOV, 92 3p0-2360
GROUP ANERICA INS. PREN/NOV, 92 320-2360
GROUP ANERICA INS, PREN/NOV, 92 330-2360
GROUP ANERICA INS, PREN/NOV. 92 001-2380
GROUP ANERICA INS, PREN/NOV. 92 100-2380
GROUP ANERICA INS. PREN/NOV. 92 190-~0
GROUP ANERICA INS, PREN/NOV. 92 300-2380
GROUP ANERICA INS. PREN/NOV. 92 320-2380
GROUP AHERICA .INS, PREN/NOV, 92 330-2380
GROUP AHER]CA INS, PREN/NOV, 92 001-2500
GROUP ANERICA INS. PREN/NOV. 92 100-2500
GROUP ANER]CA INS, PREN/NOV, 92 190-2500
GROUP ANER]CA INS. PREN/NOV. 92 300-2500
GROUP ANERICA INS, PREN/NOV, 92 320-2500
GROUP A~ERICA INS, PREN/NOV, 92 330-2500
AGLOI4 PHOTOGRAPHY 5X5 PICTURES OF COUNCIL
AGLO~ PHOTOGRAPHY TAX
000440
0004,60
001-110-999-5220
001-110-999-5220
000/,56 POULTER, ANBER 80~CONTRACT/$UPER SITT 1~0'183'843'5300
000457 iJE CAN DO 80/,CONTRACT CLASS 190-183-841-5300
000459 TUNILE JI. NBLE 80X CONTRACT/GYHNASTIC$ 1~)-183-802-5300
000663 POLLAND, DAN 80X CONTRACT/COUNTRY D 190-183-83~-5300
000467
000467
000470
000471
000509
000512
000521
000560
000560
00057'5
000583
TEtEOULA VALLEY TAEIGION
TEFEOULA VALLEY TAEIGiON
80X CONTRACT/TAEIGiONDO
80~CORTRACT/TAEIG,IONDO
GOVERNMENT FINANCE OFFI 10~ 1NFO. RPT.
IEOE & CONPANY
HUNT URECKING
CADET UNIFOR!q
STEi/ART, BRUCE N.
HASTER ['9, INC.
!~STER K'9, INC.
APOLLO SUEEPING, INC.
RANCHO RUNNERS
LAB SAFETY SUPPLY, INC.
LAB SAFETY SUPPLY, INC.
000592
000592
RECYC, INC.
FLEXpLAN ADNIN./OCT.
RBqOVAL OF ALL VEHICLES
ENTRY RUG SERVICE: CITY
OPEN PURCHASE ORDER FOR
DOG FOaO FOR POLICE K-9
TAX
CATCH BAS]N CLEANING C!
HESSENGER SERVZCE; DAZL
PRODUCT #1397-Y YELLOI4
FRE]GHT
CUBID YARDS COMPOST
0OO604
190-183-807-53Q0
190-183-831-5300
001-140-999-5228
001-150-999-5230
001-162-999-5250'
001-199-999-5250
001-162-999-5250
001-170-~-5327
001-170-999-5327
100-16~-999-5401
001-140-999-5210
100-164-999-5600
100-164.-999-5600
190-180-999-5212
4.76
9.50
19.00
781.55
139.92
215.69
7.58
15.05
15.07
175.43
31.65
49.15
1.75
3.43
3.63
280.00
21.70
1~..00
172.80
584.80
200.00
392.00
160.00
26. O0
240.80
17,725.00
170.00
22.00
1.71
975. O0
165.00
418.60
8~.00
440.00
CHECK
AHOUNT
2,237.48
301.70
14~.00
172.80
584.80
200.00
532.00
26.00
240.80
17,725.00
34.25
170.00
23.71
975. O0
165.00
507.40
VOUCHREZ
11/1~/.22
VOUCHER/
CHECK
Nt. INBER
13228
13229
13229
13229
13230
13231
13232
13232
13233
13233
13233
13234
13235
13235
13236
13238
137.39
13240
13241
16:20
CHECK
DATE
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
VENDOR
NUNHER
000604
000616
000616
000616
000642
000651
000654
000654
000658
000658
000658
000659
000677
000677
000683
000690
00069'5
000694
000695
0006~6
VENDOR
NAME
RECYC, INC.
U.S. DEPARTNENT OF'COIe~
U.S. DEPARTMENT OF CONN
U.S. DEPARTNENT OF CONN
CITY OF TENECULA - FLEX
COMNUNITY NEk/S
FISCHER'S FRANE-UP & GR
FISCHER'S FRANE-UP & OR
14ALTER ii. CRIBBINS CONP
14ALTER 14. CRIBBINS CQNP
14ALTER 14. CRIBBINS CONP
LIGHTFOOT PLANNING OROU
RANCHO SIGN & $CREENPRI
RANCNO SIGN & SCREENPRI
SOUTHERN CALIF. BERGEN
LEGGETT, HARK
T I GER SOFTWARE
INTERNAT]QNAL CITY/COUN
INSTITUTE OF TRANSPQRTA
BOY SCOUTS OF AMERICA
CiTY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ZTEN
DESCR i PT I OR
TAX
PB87-199-576 SIC INDEX
BILLING FEE
FRE I GHT
REIHB. FLEX. BENEFIT AC
HAUNTED HOUSE AD; 4"X6"
FRANE FOR PEG NOORE'S
TAX
HC8139; JR. CRINEFIGHTE
FREIGHT
TAX
PROFESSIONAL SERVICES F
3' X ~0' DOUBLE FACED #
TAX
I,/ONKSHP REGISTRATION
REINBUSEHENT FOR HEALS
SOFTt~kRE UPGRADE
ANNUAL NEHBERSHIP/93 HA
NEMBERSHIP DUE$/92-9~
BOY SCOUT (EXPLORER) IN
TOTAL CHECKS
ACCOUNT
NUNHER
1~;~0-180-~-5212
320-1~-~-5221
320-1~9-ggg-5221
320-1~-~-5221
001-1020
190-180-~-5254
001-100-~-5220
001-100-~-5220
001-170-~-5292
001-170-~9-5292
001-170-~-5292
190-180-~-5250
190-180-999-5244
190-180-~-52~.
001-150-~-5258
001-170-~-5258
320-1~-~-5221
001-110-~-5226
001-163-~-5226
001-170-~-5235
ITEN
AMOUNT
34.10
195.00
7.50
3.00
7,060.31
126.00
55.48
4.30
150.00
3.42
11.63
700.00
858.00
66.50
80.00
65.59
77.85
518.68
163.50
121.50
PAGE
CHECK
AHOUNT
474.10
205.50
7,060.31
126.00
59.78
165.05
700.00
924.50
80.00
65.59
77.85
518.68
163.50
121.50
VOUCHRE2
'rwo~.,~.
14:47
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
PAGE
FUND T|TLE
001 GENERAL FUND
100 GAS TAX FUND
190 COleeJNITY SERVICES DISTRICT
300 INSURANCE FUND
310 VEHICLES FUND
320 INFORNATION SYSTEMS
330 COPY CENTER FUND
TOTAL
mT
84,3~8.15
9,917.~9
20,0~5.14
394.37
84~.85
7;578.32
127,556.25
VOUCHRE2 PAGE 2
11/05,'~. 14:47
VOUCHER/
CHECK
NUMBER
13117
13118
13118
13119
113115
13125
13126
13126
13126
13127
13127
13128
13129
13130
13131
13131
13131
13131
13131
13131
13131
13131
13131
13131
13131
13131
13131
13131
13131
13131
13132
13132
13133
13133
13133
13133
13133
13133
CHECK
DATE
11/03/92
11/03/92
11/03/92
11/03/92
11/10/92
11/05/92
11105192
11105192
11105192
11/05/92
11/05/92
11105192
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11105192
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
VENDOR
NUMBER
000381
000238
000238
000~08
000123
000105
000114
000114
000114
000127
000127
000138
000154
000155
000155
000177
000177
000177
000177
000177
000177
000177
000177
000177
000177
000177
000177
000177
000177
000177
000177
000178
000178
000180
000180
000180
000180
000180
000180
VENDOR
NAME
TIRITILL], STEVE J.
FINAL TOUCH MARKETING
FINAL TOUCH MARKETING
AGRICREDIT ACCEPTANCE C
BURKE W[LLIAMS & SORENS
AEI SECURITY, INC.
AT &T
AT&T
AT & T
CALIFORNIAN
CALIFORNIAN
CITICORP NORTH AMERICA
CSNFO
DAVLIN
DAVL]N
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PROOUCT
GLENNIES OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
GLENNIE$ OFFICE PROOUCT
GLENHIES OFFICE PRODUCT
GLENHIES OFFICE PROOUCT
GLENNIE$ OFFICE PRODUCT
GLENHIES OFFICE PROOUCT
GLENNIE$ OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
GLENNIE$ OFFICE PROOUCT
GLENHIES OFFICE PRODUCT
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GRAY BAR ELECTRIC
GRAY BAR ELECTRIC
GRAY BAR ELECTRIC
GRAY BAR ELECTRIC
GRAY BAR ELECTRIC
GRAY BAR ELECTRIC
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERZOOS
ITEM
DESCRIPTION
NOVEMBER RENT/92
PR &ADM/N./NOV. 92
MEDIA PLACEMENT FEES/N
TRACTOR LEASE/NOV. 92
PRO. SERV./SEPT. 92
ALARM NON%TOR%NG: NOV.
TOLL FREE 800 CONSLIER
TOLL FREE 800 BUSINESS
FREIGHT
CONTRACT ORDER FOR THE
LEGAL ADVERTISING FY 92
NOV. PAYHENT/PHONE SYS
MEMBERSHIP JAN 1,92'DEC
DUPLICATION SERVICE
AUOIO/VZDEO PRODUCTIOR
J4-124-41 1~ DESK CA
TAX
EPSOM 02-8766 DFX-8000
ALPS 02-P40019A P2100 R
NEON BANNER ROLL L5-573
NEON BANNER ROLL LS-ST3
TAX
5AJ3 E717-50 1993 CALEN
5AD$654YW 3")(3" POST-IT
5AD3356T;S 4"X6" RULED P
5ARBC]BBK: DESK TOP TAPE
5AJ47011-0 DESK TOP 199
5AJ4PN12-28 199~ WALL C
05-21104 MORKSTATION EA
D [ SCOUNT
TAX
SCSI CONTROLLER CARD W/
TAX
GNP P17077 - PLUG LINE
FRE I GHT
TAX
ATBCLC 1000' SILVER SAT
FRE I GHT
TAX
ACCOUNT
NUMBER
001-100-9~-5411
001-100-~-5411
190-180-~9-5239
001-130-~-52~6
190-182-~-5250
320-199-~-5208
320-199-~-5208
320-1W-~-5208
001-161-~-5256
001-120-999-5256
320-1~-999-5;239
001-140-~-5226
001-161-~-5250
001-100-999-5250
001-161-9~9-5220
001-161-~9-5220
320-19f-~-5221
320-1~-~-5221
320-1~-9ff-5221
320-199-99~-5221
320-1~-~-5221
001-162-~-5220
001-162-~-5220.
001-162-~-5220
001-162-~-5220
001-162-~-5220
001-162-999-5220
001-162-~-5220
001-162-999-5220
001-162-9f9-5220
320-1~-~-5221
320-1~-~-5221
320-199-9f~-5221
320-1~-99~-5221
320-19f-~9-5221
320-1~-9~-5221
320-1~-9~-5221
320-19~-~-5221
ITEM
AMOUNT
3,459.95
1,750.00
3,974.88
846.02
.2,748.36
35.00
29.85
44.85
18.0/.
55.75
66.60
1,427.57
85.00
165.:~
700.00
5.14
.40
148.50
51.75
5.02
5.02
16.30
7.48
7.08
7.74
1.89
19.50
4.35
15.25
3.81 -
4.61
100.00
110.00
2.10
8.53
97.51
3.93
7.56
CHECK
AMOUNT
3,459.95
5,724.88
846.02
2,748.36
35.00
92.74
122.35
1,427.57
85.00
865.34
296.22
107.75
229.(:3
VOUCHRE2 CZTY OF TEMECULA
11/05/92 14:47 VOUCHER/CHECK REGISTER
FOP ALL PERZOOS
PAGE
VOUCHER/
CHECK CHECK VENDOP VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
131:~ 11/05/92 000184 GTE 7146941989/OCT. 92 001-1300
13134 11/05/92 000184 GTE 71~6961989/OCT. 92 0d1-1220
13134 11/05/92 000184 GTE 7166941989/OCT. 92 320-199-999-5208
13134 11/05/92 000184 GTE 7166953539/OCT. 92 320-199-999-5208
13134 11/05/92 000184 GTE 71~69923091 OCT. 92 320-199-999-5208
13135 11/05/92 000206 KINKO'S COPIES OPEN P,O. FOP MISC, SER 330-199-999-5590
13135 11/05/92 000206 KINKO'S COPIES GENERAL PLAN XEROXING 001-161-999-5220
13135 11/05/92 000206 KINKO'S COPIES OPEN P.O. FOP MiSt. SER 330-199-999-5590
173.50
233.83'
1,655.18
24.90
23.30
59.70
270.45
21.44
2,110.71
351.59
13136 11/05/92 000218 MAR]LYN'S COFFEE SERVIC COFFEE SERVICE; CiTY HA 001-199-999-5250
127.27
127.27
13137 11/05/92 000224 MELAD & ASSOCIATES PLAN CHECKS # 579 & 580 001-162-999-52~8
13138 11/05/92 000261 OPANGE SPORTING GOODS TC 12 DEBEER SOFTBALLS 190-18~-905-5300
13138 11/05/92 000241 ORANGE SPORTING C_a3OO_S TC 12 DEBEER SOFTBALLS 190-183-906-5300
13138 11/05/92 000241 ORANGE SPORTING GOOOS TC 12 DEBEER SOFTBALLS 190-183-907-5300
13138 11/05/92 000241 ORANGE SPORTING GO00S TAX 190-183-905-5300
13138 11/05/92 000261 ORANGE SPORTING GOOOS TAX 190-18~-906-5300
13138 11/05/92 000241 ORANGE SPORTING GCX:iOS TAX 190-183-907-5300
270.00
265.65
132.83
132.82
20.59
10.30
10.29
270.00
572.48
13139 11/05/92 000243 PAYLESS DRUG STOPE OPEN ACCOUNT FOP FILM 001-162-999-5222
45.23
45.23
13~.a 11/05/92 000266 PERS EMPLOYEES' RETIREM INS. PREH./NOV. 92 001-2090
13 11/05/92 000246 PER$ EMPLOYEES' RETIREM INS. PREM./NOV. 92 100-2090
13140 11/05/92 000266 PERS EMPLOYEES' RETIREM INS. PREM./'NOV. 92 190-2090
13140 11/05/92 000266 PERS EMPLOYEES' RETIREM INS. PREN./NOV. 92 300-2090
13140 11/05/92 000246 PERS EMPLOYEES' RETIREM INS. PREM./NOV. 92 330-2090
13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREN INS. PREM./NOV. 92 001-1180
13160 11/05/92 000266 PERS EMPLOYEES' RETIREM ADMIN. FEES 001-150-999-5250
13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREIq 000266 PER REDE 001-2130
13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREH 0002~6 PER REDE 100'2130
13140 11/05/92 000246 PERS EMPLOYEES' RETIREM 0002~6 PERS RET 001-2590
13140 11/05/92 0002~6 PERS EMPLOYEES' RET[REH 0002~6 PERS GET 100'2390
13160 11/05/92 0002~6 PER$ EMPLOYEES' RET[REM 0002~6 PERS RET 190-2390
13140 11/05/92 0002~6 PER$ EMPLOYEES' RETIREN 0002/,6 PERS RET 300'2390
13160 11/05/92 000246 PERS EMPLOYEES' RETIREN 0002~6 PERS GET 320-2390
13140 11/05/92 0002~6 PER$ EMPLOYEES' RETIREN 0002~6 PER$ RET 330-2390
13160 11/05/92 0002~6 PERS EMPLOYEES' RETIREN 0002~6 SURVIVOR 001-2390
13140 11/05/92 0002~6 PERS EMPLOYEES' RETIREN 0002~6 SURVIVOR 100-2590
13140 11/05/92 000266 PER$ EMPLOYEES' RETIREM 0002~6 SURVIVOR 190-2390
13140 11/05/92 000246 PER$ EMPLOYEES' RETIREN 000246 SURVIVOR 300-2390
13140 11/05/92 000246 PERS EMPLOYEES' RETIRFJq 000246 SURVIVOR 320-2390
13160 11/05/92 000246 PER$ EMPLOYEES' RET]REN 000246 SURVIVOR 330-2390
13141 11/05/92 000269 PETTY CASH CASH REINB./CITY EMPLOY 190-183-941-5300
13141 11/05/92 000249 PETTY CASH CASH REIMB./CITY EMPLOY 190-180-999-5260
13141 11/05/92 000249 PETTY CASH CASH REIMB./C[TY EMPLOY 190-180-999-5263
13141 11/05/92 000249 PETTY CASH CASH REIMB./C[TY EMPLOY 190-180-999-5220
13142 11/05/92 000260 RAN-TEC RtiBER STAMP NF DESK NAMEPLATE 190-180-999-5220
13,189.65
3,466.21
6,531.73
142.48
583.05
161.62-
126.98
42.94
171.76
9,388.97
1,703.36
2,504.71
92.25
183.21
202.58
53.81
8.59
14.88
.47
.93
1.86
79.87
49.68
15.00
54.58
15.20
36,268.60
199.13
~OUCHRE2
11/05/92 16
IOUCHER/
:HECK CHECK VENDOR
4UMBER DATE NUMBER
13142 11/05/92 000260
13143 11/05/92 000261
13143 11/05/92 000261
13143 11/05/92 000261
13146 11/05/92 000266
13144 11/05/92 000266
13145 11/05/92 000269
13145 11/05/92 000269
13145 11/05/92 000269
13145 11105192 000269
13145 11/05/92 000269
13165 11/05/92 000269
13146 11/05/92 000283
13146 11/05/92 000283
13166 11/05/92 000283
13146 11/05/92 000283
13146 11/05/92 000283
13146 11105192 000283
13146 11/05/92 000283
131.~,.,11/05/92 000283
131~ 1/05/92 000283
13166 11/05/92 000283
13146 11/05/92 000283
13166 11/05/92 000283
13147 11/05/92 000291
13148 11/05/92 000296
13168 11/05/92 000296
13148 11/05/92 000294
13148 11/05/92 000296
13168 11/05/92
13148 11/05/92 000294
13149 11/05/92 000307
13150 11/05/92 000325
13150 11/05/92 000325
13150 11/05/92 000325
13150 11/05/92 000325
13151 11/05/9Z 0003~2
13152 11/05/92 000345
13153 11/05/92 000377
VENDOR
NAME
RAN-TEC RUBBER STAMP MF TAX
RANCHO BLUEPRINT
RANCHO BLUEPRINT
RANCHO BLUEPRINT
RIGHTklAY
RIGHTHAY
RIVERSIDE OFFICE SUPPLY
RIVER$IDE OFFICE SUPPLY
RIVERS]DE OFFICE SUPPLY
RIVERSIDE OFFICE SUPPLY
RIVERSIDE OFFICE SUPPLY
RIVERSIDE OFFICE SUPPLY
CITY OF TENECULA
VOIJCHER/CHECK REGISTER
FOR ALL PERIOOS
ITEM
DESCR]PTIOR
OPEN P.O. BLUEPRINTING
OPEN P.O. BLUEPRINTING
OPEN P.O. BLUEPRINTING
2 PORTABLE TOILETS; ZER
REINSTATE AMOUNT; '*FULL
VIS N425-12 BLACK NUNBE
SkeI 11302; HEAVY DUTY S
4-DRAWER FILE CABINETS
OXF 6210 1/'52 BLUE FOLD
ACM 43118; 8" SCISSORS
TAX
SECURITY PACIFIC NATION 000203 FICA/NED
SECURITY PACIFIC NATION 000283 FICA/NED
SECURITY PACIFIC NATION 000283 FICA/MED
SECtJRITY PACIFIC NATION 000283 FICA/NED
SECURITY PACIFIC NAT]ON 000203 FICA/NED
SECURITY PACIFIC NATION 000283 FICA/MED
SECURITY PACIFIC NATION 000283 U$1T
SECURITY PACIFIC NATION 000283 USlT
SECURITY PACIFIC NATION 000283 USIT
SECURITY PACIFIC NATION 000283 USIT
SECURITY PACIFIC NATION 000283 USIT
SECURITY PACIFIC NATION 000283 USIT
SPEE DEE OIL CHANGE & T
STATE CaeEN$ATION INS.
STATE COMPENSATION INS.
STATE COleEN$ATION INS.
STATE COMPENSATION INS,
STATE COMPENSATION INS,
STATE COleENSATION INS,
TENECULA TROPHY
UNITED ~AY OF THE INLAN
UNITED WAY OF THE ]NLAN
UNITED WAY OF THE INLAN
UNITED WAY OF THE INLAN
rINDSON PARTNERS - RANC
XEROX CORPORATION BILLI
BIRDSALL, PATRICZA
REPAIR & NAINTENANCE;VE
PAYlENT VORKERS' CONP.
PAYMENT k'ORKERS" COMP.
PA'rNENT IK)RKERS' COI4P.
PAYlENT I,/ORKERS' COI4P.
PAYMENT i, IQ~KERS' COHP.
PAYMENT WORKERS' COMP.
OPEN P.O. FOR TROPHY AW
0O0325 U~
000325 UW
000~25 UM
000325 tN
NOV. 92 RENT
5100 XERPX LEASE/NOV. 9
TRAVEL EXP. REINB. OCT.
ACCOUNT
NUMBER
,190;180-999-5220
190-180-999-5268
190-180-999-5268
190-180-999-5268
190-180-999-5238
190-180-999-5238
001-160-999-5220
001-160-999-5220
001-140-999-5220
001-160-999-5220
001-160-999-5220
001-160-999-5220
001-2077
100-2070
190-2070
300-2077
320-2077
330-2070
001-2077
100-2077
190-2070
300-2077
320-2077
330-2077
310-164-999-5216
001-2377
100-2370
190-2370
300-2377
320-2377
330-2370
190-182-999-5300
001-2120
100-2120
190-2120
300-2120
001-199-999-52.~
330-199-999-5582
001-100-999-5258
ITEM
AMOUNT
1,18
15.51
3.23
7.81
114.78
58.50
6.45
39.87
218.00
10.35
29.76
23.60
2,10~.83
360.00
~2.7Q
19.33
37.30
60.77
8,850.90
1,630.78
2,195.30
73.57
208.36
57.25
32.14
6,0~3.07
2,158.88
2,510.41
45.46
128.64
260.88
67.75
8.00
16.00
1.25
29,118.71
2,345.00
29.39
PAGE
CHECK
AMOUNT
16.38
26.55
173.28
328.03
16,211.00
32.16
11,127.36
25.86
91.00
29,118.71
2,:~.5.00
29.39
VOUCHRE2
11/05J.92
VOUCHER/
CHECK
NUMBER
13154
13154
13155
13156
13156
13156
13156
13156
13156
13156
13156
13156
13156
13156
13156
13157
13157
13158
13r'
13160
13161
13162
13163
13164
13165
13165
13165
13165
13166
13166
13166
13166
13166
13167
13168
13169
14:47
CHECK
DATE
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/9Z
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
VENDOR
NUMBER
000389
000389
000~03
000666
000666
000666
000666
000666
000~
0006~6
000666
000~
OOO/:~
OOO~
000666
ooo~70
ooo~/8
000692
000512
000557
000580
000581
000596
0006~
000656
000656
000656
000656
000657
000657
000657
000657
000657
000661
000680
000681
VENDOR
NAME
USI:34
USCM
$HAtt SCOTT POOL & SPA
CITY OF TENECtJLA
VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
ITEM
DESCRIPTICIN
000389 PT RETIR
000.389 PT RETIR
POOL SERVICE FOR OCT. 9
EMPLOYMENT DEVELOPMENT 0004~ CAIT
EMPLOYMENT DEVELOPMENT 000&~, CAIT
EMPLOYMENT DEVELOPfliNT 00046~ CAIT
EMPLOYMENT DEVELOPMENT 000/~ CAIT
EMPLOYMENT DEVELOPEWT 000/,4~ CAIT
EMPLOYMENT DEVELOPtENT 0004/~ CAIT
EMPLOYMENT DEVELOPNENT 0006/~
EMPLOYMENT DEVELOI~NT 000444
EMPLOYMENT DEVELOPMENT 000666 SDI
EMPLOYMENT DEVELOPMENT 000666 $DI
ENPLOYI4ENT DEVELOPMENT ~ SDI
EMPLOYMENT DEVELOPRENT 000666 $01
FAST SIGNS
FAST SIGNS
HENRY, MARY JANE
CADET UNIFORM
JOHNSON REPEATER
PHOTOgORKS
NATURES RECIPE
LEAGUE OF CA CITIES/LAF
AMERICAN SOCIETY OF ClV
TEMPLETON PLANNING GROO
TEMPLETON PLANNING GROU
TEMPLETON PLANNING GROU
TEMPLETON PLANNING GROO
LIBERTY AUTO
LIBERTY AUTO
LIBERTY AUTO
LIBERTY AUTO
LIBERTY AUTO
CANAK$ DRYtdALL, INC.
HEALTH WET
SIGN TO CLOSE TOT AREA
TAX
TRAVEL EXP. REIMB. OCT.
ENTRY RUG SERVICE: CITY
PALOMAR BASE,MI3ILE/NO
PRINTS ' TO - SLIDES
OPEN P.O. FOR DOS FOOD;
92' FINANCIAL RAN. SERI
D.S. MEMBERSHIP DUES 92
PROFESSIONAL SERVICES;
DELIVERY
MILEAGE
REPROOUCTION
PARTS $36.10
LABOR CHARGE OR REPAIRI
LAiOR CHARGE ON PAINTIN
EPA/VASTE DISPOSAL CHAR
TAX
STEEL SI'UO FRAHING DRY~
REPLENISH POSTAGE
COBRA PHT/OCT. & NOV.
ACCOUNT
NUMBER
001-2160
196-216o
190-180-999-5212
001-2070
100-2070
190-2070
300-2070
320-207O
330-2070
001-2070
100-2070
190-2070
300-2070
320-2070
330-2070
190-180-999-5266
190-180-999-52~
001-160-999-5258
001-199-999-5250
001-199-999-5209
190-180-999-5250
001-170-999-5327
001-160-999-5258
001-163-999-5226 .
001-160-999-5268
001-160-999-5268
001-160-999-5268
001-160-999-5268
310-163-999-5216
310-163-999-5216
310-163-999-5216
310-163-999-5216
310-163499-5214
190-183-961-5300
330-1~-~-5230
001-1180
ITEM
AMOUNT
373.18
266.06
267.00
2,052.27
337.68
436.38
16.27
43.57
8.32
473.32
?2.43
186.29
3.29
16.08
17.56
90.00
6.98
9.50
34.25
186.00
84.05
33
160.00
150.00
250 .OO
70.87
5.85
130.22
131.70
512.20
158.60
2.00
10.21
990.00
4,000.00
329.70
PAGE
CHECK
AMOUNT
639.24
247.00
3,~.46
96.98
9.50
36.25
186.00
86.05
33.9~
160.00
150.00
656.96
816.71
990.OO
4,000.00
3Z9.70
VOUCHRE2
11/05,/,~.
VOUCHER/
CHECK
NUNBER
13170
13171
13172
14:47
CHECK
DATE
11/05/92
11/05/92
11/05/92
VENDOR
NLIHBER
000682
000683
000684
VENDOR
NANE
IOJPFERNAN# STEVE
SOUTHERN CALIF. EHERGEN
DIEHL, EVANS & CONPANY
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEH
DESCRIPTION
SEISIqIC/GEOLORIC SPEAKE
REGIST. EARTHQUAKE t4ORK
REG, TAX HORKSHOP/12/9
ACCOUNT
NUNBER
001-170-~-5292
001-140-~<~-5258
001-140-99~-5258
ITEM
AMOUNT
80.00
40.00
50.00
PAGE 6
CHECK
AMOUNT
80.00
40.00
50.00
TOTAL CHECKS
127,556.25
VOUCHRE2
11/12//,~.
16:20
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
190 CONNUNITY SERVICES DISTRICT
210 CAPITAL INPROVENENT PROJ FUND
300 INSURANCE FUND
310 VEHICLES FUND
320 ]NFORHATION SYSTENS
330 COPY CENTER FUND
TOTAL
ANOUNT
59,59S.67
7,369.25
12,393.69
4,203.95
253.21
77.12
1,317.47
840.74
VOUCHRE2
11/12//92
VOUCHER/
CHECK
NUMBER
13120
13173
13173
13173
13173
13173
13173
13173
13174
13174
1317~
13174
1317~
13174
13174
13174
13174
13174
13174
13174
13174
13175
13176
13177
13181
13182
13183
13183
13183
13183
13183
13184
1318~
13185
13185
13186
13186
13186
13186
16:20
CHECK
DATE
11/06/92
11/05/92
11/05/92
11105192
11105192
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/05/92
11/06/92
11/06/92
11/06/92
11/12/92
11112192
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
11/12/92
1i/12/92
11/12/92
VENDOR
NUMBER
000499
000245
000265
0002/*5
000245
0002/*5
000245
0002/,6
000246
0002/*6
000246
0002/*6
0002/*6
' 000246
0002/*6
000246
000246
000246
000266
000266
000266
000692
000691
00037~
000100
000116
000116
000116
000116
000116
000127
000127
000136
000136
000137
000137
000137
000137
VENDOR
NAME
SCCCA
PERS (HEALTH %NSUR.PREM
PER$ (HEALTH INSUR.PREM
PERS (HEALTH %NSUR.PREM
PER$ (HEALTH INSUR.PREM
PER$ (HEALTH INSUR,PREM
PER$ (HEALTH INSUR.PREM
PERS (HEALTH INSUR.PREM
PERS EMPLOYEES' RETIREM
PER$ EMPLOYEES' RETIREM
PERS EMPLOYEES' RETZREM
PER$ EMPLOYEES' RETIREN
PERS EMPLOYEES' RETiREN
PERS EMPLOYEES' RETIREM
PER$ EMPLOYEES' RETIREM
PERS EMPLOYEES' RETIREM
PER$ EMPLOYEES' RETIREM
PERS EMPLOYEES' RETIREM
PERS EMPLOYEES' RETIREM
PER$ EMPLOYEES' RETIREM
PER$ EMPLOYEES' RETIREH
PERS EMPLOYEES' RETIREM
MAURICE CARRIE VINERY
WESCOR 92'
DEAN DAVIDSON
KNAPP, JANICE
ALLIED BARRICADE CONPAN
AVP VISION PLAN
AVP VISION PLAN
AVP VISION PLAN
AVP VISION PLAN
AVP VISION PLAN
CALIFORNIAN
CALIFORNIAN
CHESHIRE EHBROIDERY
CHESHIRE EMBROIDERY
CHEWOR U.S.A. INC.
CHEVRON U.S.A. INC.
CHEVEOR U.S,A, INC.
CHEWOR U,$,A, INC,
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
ITEM
DESCR]PTZON
ACCOUNT
NUMBER
CCAC MEETING/NOV. 20,14
[NSUEANCE PREM./NOV. 9
INSURANCE PREM./NOV. 9
INSURANCE PREM./NOV. 9
INSIJRANCE PREM./NOV. 9
INSURANCE PREM./NOV. 9
INSURANCE PREM./NOV. 9
INSURANCE PREM./NOV. 9
oo!-12o-~9-526o
ool-2o9o
100-2090
190-2090
300-2090
330-2090
001-1180
001-150-999-5250
REG. EMPL. RETIR, P/R 1
REG, EMPL, RETIR, P/R 1
REG. EMPL. RETIR. P/R 1
REG, EMPL, RETIR, P/R 1
REG. ENPL, RETIR, P/R 1
REG. ENPL, RETIR. P/R 1
REG, ENPL, RETIR, P/R 1
REG, ENPL. RETIR.. P/R 1
REG, EMPL, RETIR. P/R 1
REG. EMPL. RETIR, P/R 1
REG, ENPL, RETIR, P/R 1
REG, EMPL, RETIR, P/R 1
REG, EMPL. RETIR, P/R 1
REG, EMPL, RETIR, P/R 1
001-2130
100-2130
001-2390
100-Z390
190-2390
300-2390
320-2390
330-2390
001-2390 ·
190-2390
300-2]90
320-2390
330-2390
DEPOSIT/DEC. MEETING 001-1652
ELECTRONICS CONv. BOOTH 001-110-999-5204
ARCHITECTURAL & ENGINEE 210-199-801-5804
REFUND/CANCELLED CLASS 190-183-48~0
EMERGENCY SIGN SUPPLIES 100-166-999-52/~ .
INS. PREM./NOV. 92
INS. PREM./NOV. 92
INS. PREH./NOV. 92
INS. PREM./NOV. 92
INS. PREM./NOV. 92
001-2310
100-2310
190-2310
300-2310
330-2310
CONTRACT ORDER FOR THE 001-161-999-5256
CONTRACT ORDER FOR THE 001-161-999-5256
6" CITY SEALS, EMBROIDE 001-110'~'5220
TAX · 001-110-~99-5220
CITY NARAEERS OFFICE GA 001-110-999-5263
POLICE GAS CARD 001-170-999-5262
O & S GAS CARD 001-162-999-5263
PLANNING GAS CARD 001-161-999-5262
ITEM
AMOUNT
25.00
13,189.45
3,466.21
/*,531.73
142.48
585.05
161.62'
126.98
42.94
171.76
9,388.97
1,703.36
2,504.71
92.25
185.21
202.58
53.81
8.59
,47
.93
1.86
250.00
3,097.00
/*,203.95
27.00
64.28
/*06.96
103.70
112.90
3.9/*
15.75
29 ./.3
32.52
300.00
23.25
~.55
10.00
PAGE 2
CHECK
AMOUNT
25.00
21,878.28
14,370.32
250.00
3,097.00
,.
4,203.95 .
27.OO
64.28
643.25
61.95
323.25
206.44
VOUCHRE2
11/12~2
16:20
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PER]OOS
PAGE
VOUCHER/
CHECK CHECK VENDOR
NUMBER DATE NUMBER
13187 11/12/92 0001/.0
13187 11112/92 0001/.0
13187 11/12/92 0001/.0
13187 11/12/92 000140
VENDOR
NAME
COLONIAL LIFE & ACCIDEN
COLONIAL LIFE & ACCIDEN
COLONIAL LIFE & ACCIDEN
COLOR]AL LIFE & ACCIDEN
ITEM
DESCRIPTION
INS, PREM./NOV. 92
INS. PREM./NOV. 92
INS. PREN,/NOV. 92
INS, PREN,/NOV. 92
ACCOUNT
NUMBER
0~1-2330
100-2330.
190-2330
190-2500
ITEM
AHOUNT
121.00
19.50
76.25
87.50
CHECK
AMOUNT
304.25
13188 11/12/9Z 000155 DAVLIN
AUDIO/VIDEO PROD./NOV. 001-161-~-5250
154.20
154.20
13189 11/12/92 000156
13189 11/12/92 000156
13189 11/12/92 000156
DENTICARE OF CALIFORNIA
DENTICARE OF CALIFORNIA
DENTICARE OF CALIFORNIA
INS, PREN./NOV. 92
INS, PREM./NOV. 92
[MS. PREN./NOV. 92
001-2340
100-23~0
001-150-999-5250
27.90
27.90
15.00
70.80
13190 11/12/92 000165 FEDERAL EXPRESS
EXPRESS PACKAGES/OCT. 001-163-gf9-5230
39.34
39 .:~
13191 11/!2/92 000177
13191 11/12/92 000177
13191 11/12/92 000177
GLENMIES OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
OFFICE SUPPLIES
OPEN ACCOUNT FOR OFFICE
OPEN P.O, MISC. ITEMS;
001-110-999-5220
001-1/.0-999-5220
001-140-999-5220
333.38
81.82
93.82
509.02
13192 11/12/92 000180 GRAY BAR ELECTRIC
13192 11/12/92 000180 GRAY BAR ELECTRIC
13192 11/12/92 000180 GRAY BAR ELECTRIC
13192 11/12/92 000180 GRAY BAR ELECTRIC
13193 11~12/92 000184 GTE
13 11/12/92 000186 HANKS HARDVARE
13194 11/12/92 000186 HANKS HARDVARE
13194 11/12/92 000186 HANKS HARDMARE
13194 11/12/92 000186 RANKS RARDMARE
13194 11/12/92 000186 RANKS HARDMARE
13194 11/12/92 000186 HANKS HARDMARE
13194 11/12/92 OOO186 HANKS HARDMARE
13194 11/12/92 000186 HANKS HARDMARE
13194 11/12/92 00018& HANKS HARDMARE
13194 11/12/92 000186 HANKS HARDMARE
13194 11/12/92 000186 HANKS HAlE
13194 11/12/92 0OO186 HANKS HARDMARE
1319/* 11/12/92 00018~ HANKS HARDMARE
13194 11/12/92 000186 RANKS HARDMARE
13194 11/12/92 000186 HANKS HARDMARE
13194 11/12/92 00018~ HANKS HARDMARE
13194 11/12/92 000186 HARKS HARDMARE
13194 11/12/92 000186 HANKS HARDMNtE
13195 11/12/92 000193 ZCNA
13196 11/12/92 000206 KINKO'S COPIES
13197 11/12/92 000209 L & M FERTILIZER
13198 11/12/92 000211 STEVE LEE FRAMING
13198 11/12/92 000211 STEVE LEE FRAMING
URBX - 3N BUTT CORNECTO
IX ' 3N BRIDGE CORNEC
FREIGHT
TAX
OCTOBER PHONE SERVICES
OPEN P,O, TCSD NISC, IT
MISC. INSPEC'TIOR SUPPL
2' CHAIN
DMLS
PLYMOOD
CHICKEN MIRE
2X/*X8
BLACK SPRAY PAINT
HASKING TAPE
DUCK TAPE
RAILS
HAIqHERS
SHALLBOX NAILS
HINGES
ROPE
EXTRA ITEMS
TAX
INV. #18~821 ITEM#11 HI
REINVENTING GOVN'HT BOO
GENERAL PLAN XEROXING
MISC. RAINTENANCE SUPPL
FRAHEING FOR COUNCIL PH
HAT #1
320-199-999-5221
320-199-999-5221
320-1~-999-5221
320-199-999-5221
320-199-999-5208
190-180-~99-5212
001-163-999-5218
190-183-9/,1-5300
190-183-9/.1-5300
190-183-941-5300
190;183-9/.1-5300
190-183-941-5300
190-183-9/.1-5300
190-183-961-5300
190-183-9/.1-5300
190-183-9/.1-5300
190-183-9/.1-5300
1~0-183-941-5300
190-183-9/.1-5300
190-183-941-5300
190-183-9/.1-5300
1~0-183-92,1-5300
1~0-183-941-5300
001 - 110-~-5228
001 - 161-999-5220
100-164-99~-5218
001-110-999-5220
001 - 110-~99-5220
11.12
12.81
2.10
1.86
555.93
209.32
86.3~
3.16
2.90
155.88
17.89
8.64
16.76
11.98
7.9O
6.98
1.58
13.50
3.59
20.5/*
19.77
3.23-
24.50
29.95
25.80
318.00
164.00
27.89
555.93
587.88
29.95
25.80
VOUCHRE2 CITY OF TEMECULA
11/12~2 16:20 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
PAGE
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUHBER DATE NUMBER NAHE DESCRIPTION NUHBER
ITEM
AMOUNT
CHECK
AMOUNT
13198 11/12/92 000211 STEVE LEE FRAHING GLASS 0~1-110-~-5220
13198 11/12/92 000211 STEVE LEE FRM4ING NOUNriNG 001-110-~-5220
13198 11/12/92 000211 STEVE LEE FRAHING FITTING 001-110-~-5220
13198 11/12/92 000211 STEVE LEE FRAMING TAX 001-110-~-5220
114.75
150.00
75.75
63.74
886.24
13199 11/12/92 000220 HAURICE PRINTERS OU]CK NEIGHBORHOOD WATCH NEWS 001-170-999-5222
13199 11/12/92 000220 HAUR]CE PRINTERS QUICK TAX 001-170-999-5222
176.00
13.64
189.64
13200 11/12/92 000226 MICRO AGE COIqPUTER CENT HIGH VOLTAGE POWER SUPP 320-199-~-5215
13200 11/12/92 000226 M]CRO AGE COMPUTER CENT LABOR CHARGE 320-199-~-5215
13200 11/12/92 000226 MICRO AGE COHPUTER CENT TAX 320-199-~f9-5215
170.00
55.00
13.18
238.18
13201 11/12/92 000238 FINAL TOUCH MARKETING
13201 11/12/92 000238 FINAL TOUCH HARKETING
REIMB. FOR INTERN'L TRA 001-100-F~9-5260
REINB. FOR INTERN'L TRA 001"110-9~9-5260
59.00
59.00
118.00
13202 11/12/92 000243 PAYLESS DRUG STORE
FILM PROCESSING SERVICE 190-180-9~-5250
26.85
26.85
13203 11/12/92 00025A PRESS ENTERPRISE
GENERAL PLAN AD RUN FOR 001-161-~-5256
170.04
170.04
13204 11/12/92 000261 RANClIO BLUEPR]NT NISC. BLUEPRINTS, ETC. 001-163-999-5268
13204 11/12/92 000261 RANCHO BLUEPRINT MISC. BLUEPRINTS, ETC. 001-163-999-5268
13204 11/12/92 000261 RANCHO BLUEPRINT HISC. BLUEPRINTS, ETC. 001-163-999-5268
13204 11/12/92 000261 RANCHO BLUEPRINT NISC. BLUEPRINTS, ETC. 001-163-9~9-5268
1~ 11/12/92 000268 RIV. CO. HABITAT CONSER PYNT K-RAT/NOV. 92 001-2300
13206 11/12/92 000280 SC SIGNS POSTING OF PUBLIC HEARI 001-161-~-5256
2:54
5.39
6.34
1
1,000.00
315.00
15.67
1,000.00
315,00
13207 11/12/92 000291 SPEE DEE OIL CHANGE & T OIL & FILTER CHANGE 001-110-999-5263
13207 11/12/92 000291 SPEE DEE OIL CHANGE & T REPAIR & NAINTENANCE;VE 310-162-99~-5214
13207 11/12/92 000291 SPEE DEE OIL CHANGE & T REPAIR & NAINTENANCE;VE 310-162-999-5214
13207 11/12/92 000291 SPEE DEE OIL CHANGE & T REPAIR & HAINTENANCE;VE 310-164-~9-5214
22.49
32.14
22.49
22.49
99.61
13208 11/12/92 000307 TEMECULA TROPHY
13208 11/12/92 000307 TENECULA TROPHY
10'X8' PLAQUE FOR HEMOR 190'180'999"5212
TAX 190'180'999'5212
176.00
13.64
189.64
13209 11/12/92 000308 TENECULA TiE ASSOC[AT LOCKER RENTAL/NOV. 92 1~0-180-~-5238
13209 11/12/92 000308 TEMECULA TO~NE ASSOCIAT SET UP AND CLEANING/OCT 001-100-999-523~
13209 11/12/92 000308 TEHECULA TOtlE ASSOCZAT FLOOR CARE/OCT. 92 001-100-~-523~
15.00
90,00
75.00
13210 11/12/92 000326 UNITO6 RENTAL SERVICE 2-SETS OF UNIFORMS; CLE 100-164-~-5243
13210 11/12/92 000326 UNIT(X; RENTAL SERVICE RENTAL OF UNIFON4S AND 190-180-~-5243
13210 11/12/92 000326 UBITO6 RENTAL SERVICE 2-SETS OF UBIFORN$; CLE 100-164-~-5243
13210 11/12/92 000326 UNITOG RENTAL SERVICE 2-SETS OF UNIFORMS; CLE 100-164;~-5243
13210 11/12/92 000326 UNITOR RENTAL SERVICE RENTAL OF UBIFORNS AND 190-180-~-5243
11.50
.7.35
12.50
12.50
13.60
57.45
13211 11/12/92 000332 VANDORPE CNOU ASSOCIATI PLAN CHECKS FOR OCTOBER 001-162-999-5248
300.00
300.00
13212 11/12/92 000430 GROUP AMERICA INS. PREH/NOV. 92 001-2360
13212 11/12/92 000430 GROUP AMERICA INS. PREM/NOV. 92 100-2360
13212 11/12/92 000~30 GROUP AMERICA INS. PREM/NOV. 92 1~0-2360
515.36
87.88
161.50
VOUCHRE2
11/1~
VOUCHER/
CHECK
NUMBER
13245
13245
13246
13246
13246
13246
13246
13246
13246
13246
13247
13267
13248
13268
13268
13248
13248
13248
13248
13248
13~'~
132~8
13269
13250
13250
13250
13251
13251
13252
13253
13254
13254
13254
13254
13254
13255
13255
13255
13256
08:59
CHECK
DATE
11/24/92
11/24/92
11/26/92
11/26/92
11/26/92
11/24/92
11/24/92
11/24/92
11/26/92
11/26/92
11/24/92
11/26/92
11/24/92
11/24/92
11/26/92
11/24/92
11/24/92
11/24/92
11/24/92
11/24/92
11/26/92
11/26/92
11/24/92
11/24/92
11/24/92
11/26/92
11/24/92
11/26/92
11/24/92
11/24/92
11/24/92
11/24/92
11/24/92
11/24/92
11/26/92
11/26/92
11/24/92
11/24/92
11/24/92
11/24/92
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR VENDOR ITEM ACCOUNT ITEM
NUMBER NAME DESCRIPTION NUMBER AMOUNT
000107
000107
000125
000123
000125
000125
000125
000125
000123
000125
000126
000126
000135
000135
000135
000135
000135
000135
000135
000135
000135
000135
000135
000143
000146
000146
000146
000173
000173
000210
000250
000257
OOO257
000257
000257
000257
000270
000270
000270
000271
ALHAMBRA GROUP
ALHAMBRA GROUP
MASTER PLAN;CONSTRUCTIO
CONSULTING LANDSCAPE 92
BURICE UILLIAMS & SORENS PRO. SERV./SEPT. 92
BURKE VILLIAMS & SORENS PRO. SERV./SEPT. 92
BURKE VILLIAMS & SORENS PRO. SERV./SEPT. 92
BURKE UILLIAMS & SOltENS PRO. SERV./SEPT. 92
BURKE MiLLIAMS & SORENS BORDER PATROL/OVER BiLL
BURKE UILLIAMS & SORENS PRO. SERV./SEPT. 92
BURKE MILLIAMS & SORENS PRO. FEES RENDERED SEPT
BURKE VILLIAMS & SORENS PRO. SERV./SEPT. 92
CALIFORNIA LANDSCAPE
CALIFORNIA LANDSCAPE
TO PAY CR. AUG. 92
PLACE HYDROSEED MIX ON
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
R'I 3'" 3 M HIGH iNT. uS
g'57 30n X 15" SINGLE H
W'17 36" X 36" STOP AHE
W"53 24" X 24" NOT A TN
~'53A.36" X 36" NO OUTL
H'7~6" X 36" T
R'TA 24** X 18" KEEP RiG
CARSONITES; MBITE/VHITE
BOX; RIVETS; (1003
CENTRAL CITIES SIGN SER 30' ANCHORS
CENTRAL CITIES SiGN SER TAX
COPY LiNE CORPORATION SERVICE AGREEMENT FOR R
COlJIlTS UNLIMITED
COUNTS UNLIMITED
COUNTS UNLIMITED
ONE BZ-DIRECTIONAL TRAF
3'ONE-DIRECTIONS COUNTS
TRAFFIC COUNTS PROGRAIl
GENERAL BINDING
GENERAL BINDING
500 KM; PUNCH & BIND HA
TAX
LEAGUE OF CAL/F.CITIES 1~3 MEMBERSHIP DUES
NUNZ FINANCIAL SERVICES PREPARE,TRANSMIT FINAL
RANTEN
RAMTEN
NANTEN
RAIql'EK
RANTEN
STREET MAINTENANCE, STR
STREET MAINTENANCE, STR
DRAINAGE CLEANING FY 92
DRAINAGE CLEANING FY 92
STREET MAINTENANCE, $TR
RJM DESIGN GROIJP
RJN DESIGN GEOUP
RJM DESIGN GROUP
EXTRA VC)RK; RANCHO CALl
EXTRA VORK; NANCHO CALl
PREPANAT]ON OF CONCEPTU
ROeERT BEiN, tl4 FROST & PROFESSIONAL SERVICES C
25p-1~0-136-5804
100-164-~-5248
001-130-~-5246
190-180-999-5246
001-130-~-5246
300-1~-~-5205
001-130-~9-5246
001-1280
001-130-99~-5246
001-130-~-5246
190-180-999-5250
100-164-~-5602
100-1~4-99~-5244
100-164-~-524.4
100-164-999-5244
100-164-~-5244
100-164-9~9-5244
100-164-~-5244
100-164-~-5244
100-164-~-5244
100-164-99~-5244
100-164-~-5244
100-164-999-5244
330-199-999-5590
001-163-~-5250
001-1/53-~-5250
001-163-~-5250'
330-199-999-5589
330-1~-~-5589 '
001-100-~-5226
190-180-~-5250
100-164-999-5402
100-164-~-5402
100-164-~-5401
100-164-~-5401
100-164-~-54.02
250-190-129-5804
250-190-129-5804
250-1~0-129-5802
210-165-623-5806
6,540.45
2,032.40
3,150.00
533.80
22,450.30
934.86
11.40-
888.00
626.13
2,573.58
500.00
2,546.00
1,697. O0
77.50
241.30
122.80
122.80
216.00
92.10
1,400.00
30.00
393.75
360.48
1,758.00
75.00
150.00'
800.00
1,295.00
100.37
6,867.00
9,7~2.22
3,902.50
439.32
513.52
774.26
10,250.00
1,750.00
1,750.00
7,903.25
1,650.00
PAGE
CHECK
AMOUNT
8,572.85
31,145.27
3,046.00
4,733.73
1,758.00
1,025.00
1,395.37
6,867.00
9,7V2.22
15,879.60
11,40~.25
1,650.00
VOUCHRE2
11/1Tii-g2 08:59
VOUCHER/
CHECK CHECK VENDOR
NLNBER DATE NUHBER
13257 1112~.192 000285
13257 11/2~./92 000285
13257 11/2~./92 000285
13257 11/24./92 000285
13257 11/2~./92 000285
13257 11/24./92 000285
13257 11/2~./92 000285
13257 11/2~./92 000285
13258 11/2~./92 00035~.
13259 11/2~./92 000~.12
13260 11/2~./92 000~.3~.
13261 11/2~./92 0004,37
13261 11/2~./92 000~.37
13261 11/2~./92 000~.37
13262 11/2~./92 000535..
13262 11/2~./92 000535
13262 11/2~./92 000535
1:57"' 1112~.192 000539
13264 11/2~./92 000678
VENDOR
HAKE
SiR SPEEDY
SIR SPEEDY
SIR SPEEDY
SIR SPEEDY
SIR SPEEDY
SIR SPEEDY
SIR SPEEDY
SIR SPEEDY
RIVERSIDE COUNTY HEALTH
WILLIAHS, KAY
SZERRA COMPUTER SYSTEMS
GELAND & ASSOCIATES
HORELAND &ASSOCIATES
MORELAND & ASSOCIATES
ROYAL WHOLESALE
ROYAL WHOLESALE
ROYAL WHOLESALE
WINNER YAMN)A ASSOCIATE
RIVERSIDE CO. HEALTH SE
CITY OF TEMEOULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
2000 BUSINESS LICENSE A
1000 BUSINESS LICENSE C
TAX
BUSINESS CARDS; 500/BOX
BUSINESS CARDS; 500/BOX
TAX
500 BUSINESS CARDS;
TAX
ANIMAL CONTROL SERV./S
80~ CORTRACT/NODELIHG
PERMZT SOFTWARE PACKAGE
CiTY AUDIT
REDEVELOPHENT AGENCYAU
SINGLE AUDIT
TONAR HCDEL A1050-12 ST
SHIPPING
TAX
CONTRACT FOR VIHHER YAH
VECTOR CONTROL/NAY-SEP
TOTAL CHECKS
ACCOUNT
NUHBER
003-1~.0-999-5220
001-14.0-9~9-5220
001-14.0-V99-5220
001-170-999-5222
001-170-~-5222
001-170-999-5222
1~0-180-99~-5220
190-180-~-5220
001-172-~-5255
190-183-817-5300
001-163-999-5660
001-1~.0-999-52~.8
001-1~.0-999-52~.8
001-1~.0-~-52~.8
100-164-999-52~.2
100-164-~-52~.2
100-164-999-52~.2
250-190-120-5802
001-162-99~-5250
iTEM
AMOUNT
297.22
650.00
75.41
1,335.00
36.00
106.26
26.70
2.07
5,897.27
1,040.00
3,999.32
3,660.8~
500.00
500.00
923 .~.0
9.28
71.56
20,750.00
1,003.63
PAGE
CHECK
AMOUNT
2,526.66
5,897.27
1,0~'0.00
3,999.32
20,750.00
1,003.63
136,150.25
.ITEM
NO.,
4
APPROV~T. ~~
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
Prepared by:
CITY OF TEMECULA
AGENDA 'REP-OEr
City Manager/City Council
Mary Jane Henry, Finance Officer
November 24, 1992
Liability Insurance Renewal
Grant M. Yates, Senior Management Analyst
RECOMMENDATION: That the City Council approve renewal 'of the insurance
policy with Insurance Company of the West for General Liability, Excess Liability, and
Public Officials Errors and Omissions coverage in the amount of ~97,846.
DISCUSSION: The City's current insurance policy with the Insurance
Company of the West for General Liability, ExCess Liability, and Public Officials Errors
and Omissions coverage expires on December 1, 1992. Staff has been working with
the City's broker, Mike Bush from CaI-Surance to obtain quotes from a number of
carriers to cover the City for the upcoming plan year. In addition, staff has met with
representatives from the Southern California Joint Powers Insurance Authority
(SCJPIA) to discuss the possibility of obtaining coverage through that Insurance Pool.
Mike Bush from CaI-Surance solicited quotes from a number of large insurance carriers
including Cigna, Planet, Crum & Forester and Insurance Company of the West, to
determine which carrier can provide the City with the best coverage at the lowest
possible price. Based upon this research, staff is recommending that the City renew
it's coverage with Insurance Company of the West at a total cost of $97,846. This
renewal premium represents a reduction of $259 from the current premium. In
addition, Insurance Company of the West has extensive experience insuring
municipalities and they have provided the City with quality service over the past year.
There are no changes in the policy which calls for coverage of $1,000,000 plus
$4,000,000 in excess coverage. The policy is written on an occurrence form and
includes a $50,000 Self-Insured Retention (SIR) level.
Staff has also met with the SCJPIA to discuss the possibility of obtaining coverage
through this insurance pool. This organization is a Joint Powers Authority that pools
the insurance premiums and the associated risk from many cities throughout Southern
California. However, the City was not able to obtain coverage through the SCJPIA
because the City currently holds a contract with the County of Riverside for traffic
signal maintenance which contains a hold harmless clause that releases the County
from liability. The SCJPIA would not cover any claims relating to traffic signals which
in effect prohibits the City from obtaining coverage through the SCJPIA.
Fiscal Impact: Adequate funds to pay for the renewal have been budgeted
in the Insurance Internal Service Fund.
ITEM NO.
APPROVAL
CITY ATTORNEY ~
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mary Jane Henry, Finance Officer
DATE:
November 24, 1992
SUBJECT:
Approval of the Supplemental Agreement Approving the 18th Year
(Fiscal Year 1992-93) Community Development Block Grant
Funding
Prepared by: Grant M. Yates, Senior Management Analyst
RECOMMENDATION: That the City Council approve and execute the Supplemental
Agreement for the use of Community Development Block Grant (CDBG) funds for City
activities.
DISCUSSION: On March 24, 1992 the City Council unanimously approved
the project application for the 18th year (FY 1992-93) CDBG Program. The CDBG
Program is a federally funded program administered by the U.S. Department of
Housing and Urban Development (HUD) through which projects at a local government
level may be funded. This program is administered locally through the Economic
Development Agency of Riverside County.
ProjeCts are eligible for CDBG funding if one of the following criteria are met:
a) Low/moderate income persons are primarily benefitted by the activity;
or
b) the activity aids in the prevention or elimination of slums or blight;
or
c) the activity meets an urgent community development need.
The total amount of money the City is eligible for in the 18th year totals $132,083.
In addition to this amount, $72,610 that was approved in the 17th year for the Sixth
Street improvement project and $37,090 also approved in the 17th year for
improvements to Sam Hicks Monument Park have been rolled forward into the 18th
year and programmed into the Senior Center project. The timing of the Sixth Street
project and the Sam Hicks project prohibited the usage of CDBG funds, therefore
these projects were funded by Development Impact Fees.
The following represents a summary of the 18th year projects, and the corresponding
funding request, that the City forwarded to the County on March 24, 1992.
APPROVAL OF FISCAL YEAR 1992-93
CDBG PROJECT APPLICATION
PROJECT
Senior Center Construction
Provide funds for the design
and rehabilitation of the
5,000 sq.ft. former school
bus barn facility to serve
as a fully operational City
of Temecula Senior Center.
Community Based Policing
This program is to assign
extra duty status police
officers in the Old Town
Temecula area for the
provision of community
oriented law enforcement
'services. This will be
accomplished by police
officers utilizing bicycles
as their means of transportation.
Old Town Temecul~ SI;)ecific Plan
This study is to establish land use
design standards and guidelines for
development in Old Town Temecula.
$30,000 was provided in lasts
year's CDBG submittal for this
project. The cost of this study
is approximately $155,000 and the
difference will be provided through
redevelopment tax increment·
Oner~tion School Rell
This program is proposed by the
Assistance Guild of Temecula and
is designed to provide clothing
for needy school children. The
Assistance Guild request for this
program was $7,500.
CITY COUNCIL
RECOMMENDED
FUNDING
$ 70,000
$ 10,000
$ 30,000
5,000
CDBG
APPROVED
FUNDING
$ 91,700
(Excluding 17th
year carry over)
10,000
5,000
25,383
APPROVAL OF FISCAL YEAR 1992-93
CDBG PROJECT APPLICATION
PROJFCT
CITY COUNCIL
RECOMMENDED
FUNDINn
CDBG
APPROVED
FUNDING
5. Dr,9 Ab-se Proqr~m - Prevention. $ 5Q,O00 $ 0
Fducati0n. and Rehabilitation
(DAPPER)
The Finance Subcommittee has
suggested that a drug abuse
prevention program be initiated
in the CDBG eligible area in the
City of Temecula to provide pre-
vention, education and rehabilitation
services for youths. This program
could be offered jointly through
the Police.
TOTAL $165.000 $13~.083
Fiscal Impact: To the extent that CDBG monies are
allocated for City administered programs or services, monies will not be required to
be allocated from other City funds, (i.e., Community Services District or
Redevelopment Tax Increment). The approval of use of CDBG monies for outside
entities will have no fiscal impact on the City as CDBG monies are received from an
external funding source. In addition, CDBG approved funds are reflected in the City's
five year Capital Improvement Program. By approving this agreement, CDBG monies
will become available for the City to apply towards the above described programs and
projects.
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5
6
7
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10
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12
13
14
15
16
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18
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24
25
26
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28
File No: 1.TM005, 1.TM009,
1.TM010 & 1.TM011
SUPPLEMENTAL AGREEMENT FOR THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
COUNTY OF RIVERSIDE of the State of California, herein
called, "COUNTY," and the City of Temecula, herein called "CITY,"
mutually agree as follows:
1. GRNRR~T.. COUNTY and CITY have executed a Cooperation
Agreement dated August 28, 1990, whereby CITY elected to participate
with COUNTY, which has qualified as an "Urban Countyet for purposes
of receiving Community Development Block Grant (CDBG) funds, and to
assist and undertake essential community development and housing
assistance activities pursuant to the Housing and Community
Development Act of 1974, as amended, hereinafter referred to as
"Act". Said Cooperation Agreement dated August 28, 1990, is
incorporated herein by reference and made a part of this Agreement
as if each and every provision was set forth herein.
2. PU~POSR. CITY promises and agrees to undertake and
assist with the community development activities, within its
jurisdiction, by utilizing the sum of $241~.783, CDBG Entitlement
Funds, as specifically identified in Exhibits "A", "B", "C" and
respectively, which are attached hereto and consists of threepages,
and by this.reference are incorporated herein, for the projects:
Operation School Bell ($5,0001, Old Town Temecula DeS~QT_
SDec~-mt~one ($~5.383~. Old Town Co__eeunitV Or{ented Po.l{ceProa~a~
($10.000) and C~tv o~ Temecula Sen~or Center Pro~ect ($~0~.400).
CITY shall obtain COUNTY's approval, through its Economic
Development Agency, ofthe projects plans and specifications prior
1
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2
3
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8
9
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11
12
13
14
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to CITY's construction of same. CITY promises and agrees to utilize
and maintain the projects for a minimum period of five (5) years
the life of the project, whichever is less.
3. T~RM OF AGReeMENT. The term of this Agreement for the
projects shall be for a period of one (1) year commencing upon the
date of the execution of this Agreement and proceed consistent with
the completion schedule set forth in Exhibits "A", "B", "C" and
If substantial compliance with the completion schedule, due to
unforeseen or uncontrollable circumstances, cannot be met by CITY,
the schedule for the projects may be extended. If substantial
progress toward completion, as determined byCOUNTY, of the projects
is not' made during the term of the Supplemental Agreement, the
entitlement funds associated with the projects may be reprogrammed
by COUNTY after appropriate notice is given CITY.
4. DTRPOSTTTON OF FUNDS. COUNTY's Board of Supervisor~
shall determine the final disposition end distribution of all funds
received by COUNTY under the Act consistent with the provisions of
Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic
Development Agency, shall:
(1) make payment of the grant :funds to CITY as
designated in Exhibits "A", "B", "C" and "D", and (2) monitor the
project activity to ensure compliance with applicable federal
regulations and the terms of this Agreement. City shall
comply with timely drawdown of funds by submitting monthly requests
!
for reimbursement. All disbursements of grant funds will be on a
reimbursement basis and made within thirty (30) days after the CITY
has submitted its letter identifying payments made and requestir~"
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9
10
11
12
14
16
19
20
21
22
24
25
26
27
1
2
3
4
reimbursement.
5. COOPERATION WITH HOUSING ASSISTANCE ACTIVITIES. CITY
shall cooperate with COUNTY in undertaking essential community
development and housing assistance activities, specifically urban
renewal and public assistance housing,. and shall assist COUNTY in
carrying out its housing assistance plans and other requirements of
the Community Development Block Grant Program. CITY shall adhere to
Housing Policy as set forth in Exhibit "HP."
6. LE~D AG~CY FOR COMPLIANCE WITH THE C~v.TFOI~NIA
~NVTRON~NTAL OU~T.ITY ACT fCEOA). Pursuant to Section 15051(d) of
Title 14 of the California Administrative Code, CITY is designated
as the lead agency for the projects that are the subject matter of
this Agreement.
7. HOT.D ~k~a~.ESS ~ND TND~MNTFICATTON. CITY shall comply
with all applicable -laws, rules and regulations, and shall
indemnify, save and hold harmless COUNTY and its agency members and
their respective agents, servants and employees of and from any and
all liabilities, claims, debt, damages, d~mands, suits., actions. an~
causes of action of whatsoever kind, nature or sort including, but
not by way of limitation, wrongful death, expenses Of the defense of
said parties, and the payment of attorney's fees, arising out of oz
in any manner connected with the performance by City under this
Agreement.
8. RF-CORDS ~ND TNSP~.CTTONS.
a. CITY shall establish and maintain records in
accordance with 24 C.F.R. Part 570 and Part 85 and OMB Circular A-87
as applicable and as they relate to the acceptance and use of
federal funds under this Agreement.
3
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
b. CITY shall maintain a separate account for CDBG
Entitlement funds received as set forth in Exhibits
and "D", ,
C. CITY shall, during the normal business hours, make
available to COUNTY and to the Department of Housing and Urban
Development for examination and copying all of its records and other
materials with respect to matters covered by this Agreement.
d. CITY shall retain all program income as defined in
Section 570.500 of Title 24 of the Federal Code of Regulations. Said
program income shall be used only for the activity that is the
subject of this Agreement. Further, all provisions of this
Agreement shall apply to such activity.
9. F~D~R~T. R~-OUI~4~NTS. CITY shall comply with the
provisions of the Act and any amendments thereto and the federal
regulations and guidelines now or hereafter enacted pursuant to t~.~'
Act.. More particularly,-CITY is to comply with those regulations
found in Part 85 and Part 570 of Title 24 of the Code of Federal
Regulations. CITY is to comply with OMB Circuler A-87, or any
subsequent replacement.. CITY is to abide by the provisions of the
Community Development Block Grant Manual, prepared by COUNTY en~
cited in the above-mentioned Cooperation Agreement.
10. TND~.PRND~NT CONTRACTOR. CITY and its agents, servants
and employees shall act at all times in an independent capacity
during the term of this Agreement, and shall not act as, shall not
be,. nor shall they in any manner be construed to be agents, officers
or employees of the COUNTY.
11. T~fFNATTON.
a. CITY. CITY may not terminate this Agreement
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8
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except upon express written consent of COUNTY.
b. COUNTY. Notwithstanding the provisions of
Paragraph 11a, COUNTY may suspend or terminate this Agreement upon
written notice to CITY of action being taken and the reason for such
action:
(1) In the event CITY fails to perform the
covenants herein contained at such times and in such manner as
provided in this Agreement l and
(2) In the event there is a conflict with any
federal, state or local law, ordinance, regulation or rule rendering
any of the provisions of this Agreement invalid or untenable; or
(3) In the event the funding from the Department
of Housing and Urban Development referred to in Paragraphs .1 and 2
above is terminated or otherwise becomes unavailable.
c. Upon suspension of this Agreement, CITY agrees to
return any unencumbered funds which it has been provided by COUNTY.
In accepting said funds, COUNTY does not waive any claim or ~ause of
action it may have against CITY for breac~h of this Agreement.
d. Upon. suspension of this Agreement, CITY' agrees not
to incur any additional cost with regard to the projects that are
cited in the written notice as necessitating the suspensions.
12. NONDTSCRTMTNATTON. CITY shall abide by Section~
510.601 and 510.602 of Title 24 of the Federal Co~e of Regulations
which reguires that no person in the United States shall on the
grounds of race, color, national origin, or sex, be excluded frOE
participation in, be denied the benefits of, or be subjected to
discrimination under any pr,ogram or activity funded in whole or in
part with Community Development funds.
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3
4
5
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9
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12
13
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15
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20
21
22
23
24
25
26
27
28
13. PROHIBITION AGAINST CONFLICTS OF INTEREST
a. CITY and its assigns, employees, agents,
consultants, officers and elected and appointed officials shall
become familiar with and shall comply with the CDBG regulations
prohibiting conflicts of interest contained in 24 CFR 570.611,
attached hereto as Exhibit "CI" and by this reference incorporated
herein.
b. CITY and its assigns, employees, agents,
consultants, officers, and elected and appointed officials shall
become familiar with and shall comply with Section A-11 of the
County's CDBG Policy manual, attached hereto as Exhibit "CI" and by
this reference incorporated herein.
c. CITY understands and agrees that no waiver of
exception can be granted to the' prohibition against conflict of
interest except upon written approval of HUD pursuant to 24 ~
570,611 (d). Any request by CITY for an exception shall first be
reviewed byCOUNTY to determine whether such request is appropriate
for submission to HUD. In determining whether such request is
appropriate for submission to HUD, COUNTYwill consider the factors
listed in 24 CFR 570,611 (e).
d. Prior to any funding under this Agreement, CITY
shall provide COO~TY with a list of all employees, agents,
consultants, officers and elected and appointed officials who
ere in a position to participate in a decision making process,
exercise any functions or responsibilities, or gain inside
information with respect to the CDBG activities fundel under
this Agreement. CITY shallalso promptly disclose to COUNTY any
potential conflict, including even~the appearance of conflict,
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8
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11
12-
13
14
15
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18
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20
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that may arise with respect to the CDBG activities funded under
this Agreement.
e. Any violation of this section shall be deemed a
material breach of this Agreement, and the Agreement shall be
immediately terminated by the COUNTY.
14. PROJECT RI.IGIBTLITY. As to CITY. or its claimants,
COUNTY shall bear no liability for any later determination by the
United States Government, the Department of Housing and Urban
Development or any other person or entity that CITY is or is not
eligible under 24 C.F.R. Part 570 to receive CDBG funds.
15. ~qTTRR AGR~RMMNT. It is expressly agreed that this
Agreement embodies the entire agreement of the parties in relation
to the subject matter thereof, and that no other Agreement or
understanding, verbal or otherwise, relative tothis subject matter,
exists between the parties at the time of execution.
16. MINISTERIal. ACTS. The Director of the COUNTY's
Economic Development Agency or his or her designee(s) are authorize~
to take such ministerial' actions as maybenecessary or appropriate
to implementthe terms, provisions, and conditionsof this Agreement
as it may be amended from time to time by COUNTY.
//
//
//
//
//
//
//
//
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3
4
5
6
7
8
9
.10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26
27
28
17. MODTFICATION OF AGRF. E~.NT. This Agreement may be
modified or amended only by a writing signed by the duly
authorized and empowered. representative of COUNTY an~ CITY
respectively.
DATED:
ATTEST:
GERard A. MALONEY
Clerk of the Board
COUNTY OF RIVERSIDE
Chairman, Board of Supervisors
Deputy
(Seal)
DATED:
ATTEST:
CITY OF TEMECULA
City.Clerk
JOH:~:KLP:dlh
(lst\tm\suppagr.005)
//
//
//
//
//
By:
Mayor
APPROVED AS TO FORM:
Scott F. Field, City Attorney
8
EXHIBIT A
Page 1
Cooperative Agency: City
SUPPLEMENTAT. AGREEMENT
of Temecula Plannino Department
FILE: 1.TM005
Address: 43174 Business Park Drive. Temecula
Project Title: Old Town Temecula Design SDec.~f~cat.~ons
Location: O.ld Town Temecula
Description: Funds will be used to prepare design specifications for
development within the "Old Town" area of Temecula. The specifications would
identify appropriate architectural styles for this historical area of Temecula.
In addition, it would contain specifications for landscaping, signage, walkways
(including provision for handicapped access), curb and gutter design, public
parking standards, and appropriate materials for construction.
Project Budget:
Cost
CDBG ADdroved
1) Architect/EngineerDesign Costs
2) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) Construction .Costs
6) Relocation Costs
7) Equipment Costs
8) Other Costs
9) Operation/Maintenance
10) Contingency
$ 12.000
13.383
$ ~5,383
S 1).000
13.383 "
25.383
EXHIBIT A
Page 2
File:
1.TM005
Timetable Implementation Schedule
Milestone
Start Date
Completion Date
Consultant Prepares
Design Specifications
Consultant submits Draft
of Design Specifications
Consultant Revises
Design Specifications
Consultant submits final
Design Specifications
Adoption of Specific Plan
7/1/92
Z2/Z5/92
2/Z5/93
4/Z/93
Z2/1/92
12/zs/s2
2/Z/93
2/z5/93
4/30/93
EXHIBIT A
Page 3
File: 1.TM005
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMITY DEVELOPMENT PROGRAM
PROJECT SUMMARY
3. PERIOD OF APPLICABILITY
FROM TO
July 1, 1992
5. NAME OF PROJECT
Old Town Temecula
Design Specification
1. NAME OF APPLICANT
County of Riverside
2. APPLICATION/GRANT NUMBER
B-92-UC-06-0506
4. X Original (each year)
Revision, Date
June 30., 1993 Amendment, Date
6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS
1.TM005 Categorically Excluded
8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER
City of Temecula. (714) 694-6400
10. DESCRIPTION OF PROJECT
Funds will housed to prepare designspecifications for development within the
"Old Town" area of Temecula. The specifications would identify appropriate
architectural styles for this historical area of Temecula. In addition, it would
contain specifications for landscaping, signage, walkways (including provision for
handicapped access), curb and gutter design, public parking standards, and
appropriate materials for construction.
ELIGIBILITY: 570.201 (c)
BENEFIT: 570.208 (a) (l)
11. CENSUS. TRACT(S)/ENUMERATION DISTRICT(S)
CT 432 ED 713, 75.31% L/M
12. ANTICIPATED ACCOMPLISHMENTS
This project will assist in the City's efforts to improve the infrastructure,
a~economic viabilityof Temecula'$ Old Town area. Projectwill also in sure that
i .ure development in Old Town area will maintain historical integrity and
complement existing structures that meet a set of identified standards~
13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $)
(List component activities using names CDBG OTHER
of activities shown in Part A, COST Low/Mod Other Amount Source
SUMMARY, Form HUD-7067.] Renef.it Benef4t
(a) (b) (c) (d) (e)
$ $ $
Public Fac~3~ties & Tmprovements
25,383
14. TOtalS $ 25,383 $ $
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of Colt~mns b and c) $ ~5.383
EXHIBIT B
Page 1
FILE: 1.TM009
SUPPT.RMRNTAT. AGRRRMRNT
Cooperative Agency:
C~ty of Temecula
Address: 43174 Bus.~ness P-rk Drive. Temecula
Project Title: Operation School Rell
Location: P.O. ROX l~l~. TAmeCUla. CA 92593
Description: The Assistance League of Temecula Valley operates the Operation
School Bell program which provides proper school clothing to needy youth from
qualified households attending schools in Tomecula, MurrietaandLake Elsinore.
CDBG funds will be used to purchase enough clothing for approximately 150
children.
This project serves' limited clientele; therefore, the attached document for
Direct Benefits needs to be filled out and submittedto the County of Riverside
EDA on a monthly basis. Should there be no services rendered, submit
indicating NO SERVICE~
Project Budget:
Cost
CDBG ~Dp~oved
1) Architect/Engineer Design Costs $
2) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs
7) Equipment Costs
S) Other Costs
(purchase clothing supplies)
9) Operation/Maintenance
#
10) Contingency
TOTAL
5.000
S 5,000
S
5.000
$ 5.000
EXHIBIT B
Page 2
File:
1.TM009
~ ~etable Implementation Schedule
Milestone
Obtain bids for Clothing
Purchase Clothing
Submit Claim for Clothing
to City
Begin Distribution of Clothing
Submit Status Report
(clients served)
Start Date
~/~/93
2/1/93
Completion Date
nl~lg2
n/i5/92
1/~5/93
2/28/92
EXHIBIT B
Page 3
File: 1.TM009
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMITY DEVELOPMENT PROGRAM
FROM
Julv 1. 1992
5. NAME OF PROJECT
Operation School Bell
PROJECT SUMMARY
PERIOD OF APPLICABILITY
TO
1. NAME OFAPPLICANT
County of Riverside
2. APPLICATION/GRANT NUMB~
B-92-UC-06-0506 )
June 30. 1993
Original (each year)
Revision, Date
Amendment, Date
6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS
1.TM009 Exempt
8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER
Assistance League of Temecula Valley (714) 677-8339 or
(714) 677-4482
10. DESCRIPTION OF PROJECT
The Assistance League of Temecula Valley operates the Operation School Bell
program which provides proper school clothing to needy youth from qualified
households attending schools in Temecula, MurrietaandLake Elsinore. CDBG funds
will be used to purchase enough clothing for approximately 150 children.
This project serves limited clientele; therefore, the attached document for Direct
Benefits needs to. be filled out and submitted to the County of Riverside EDA on
a monthly basis· 'Should there be no services rendered, submit a form indicating
NO SERVICE.
ELIGIBILITY: 570.201 (e)
SUEPIT: 570.208 (a) (2)
11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S)
Limited Clientele Activity
12. ANTICIPATED ACCOMPLISHMENTS
Project intends to cloth approximately 150 eligible children during the coming
school year.
13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $)
(List component activities using names CDBG OTHER
of activities shown in Part A, COST Low/Mod Other Amount Source
SUMY. Fo~ HUD-7067.] Benefit Benefit'
(a) (b) (c) (d) (e)
S S S
Public Service
5.000
14. Totals $ 5,000 $ $
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of COlumns b and c) $ 5.000
EXHIBIT C
Page i
FILE: 1.TMOIO
SUPPLEMENTAT. AGREEMENT
Cooperative Agency: City of Temecu]a Poli~e ~eDartment
Address: 43172 Rus.iness Park Drive, Temecu]a
Project Title: Old Town Commun.{ty Oriented Pol.~ce Proaram
Location: City of Temec-]a Old Town area
Description: Funds will be used to pay for the salaries of extra duty status
police officers in the Old Town Temecula area for the purpose of providing
community oriented patrols. These patrols will consist of two deputies working
eighteen weekend shifts consisting of two days with two deputies working four
hour shifts. The officers will conduct the patrols on bicycles in the low and
moderate income neighborhoods in "Old Town" in an effort to reduce crime and
improve community relations.
P~roject Budget:
Cost
CDBG ADD~OVed
1) Architect/Engineer Design Costs $
2) Administration Costs 10.000
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs
7) Equipment Costs
8) Other Costs
9) Operation/Maintenance
10) Contingency
S
~ O, 000
$ 10.000 $ 10,000
EXHIBIT C
Page 2
File:
1. TM010
Timetable Implementation Schedule
Milestone
Begin Old Town Patrols
Prepare Quarterly Report
Complete Patrols
Start Date
71~192
lo/15/92
Completion Date
6/S0/92
10/31/92
6/30/92
EXHIBIT C
Page 3
File: 1.TM010
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
PROJECT SUMMARY
3. PERIOD OF APPLICABILITY
FROM TO
July 1, 1992
5. NAME OF PROJECT
Old Town Community
Oriented Police Program
1. NAME OF APPLICANT
County Of Riverside
2. APPLICATION/GRANT NUMBER
B-92-UC-06-0506
June 30, 1993
X Original (each year)
Revision, Date
Amendment, Date
6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS
1.TM010 Exempt
8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER
City of Temecula Police Department (714) 696-3000
10. DESCRIPTION OF PROJECT
Funds will be used to pay for the salaries of extra duty status pcliue
officers in the Old Town Temecula area for the purpose of providing community
oriented patrols· These patrols will consist of two deputies working eighteen
weekend shifts consisting of two days with two deputies working four hour shifts.
The officers will conduct the patrols on bicycles in the low and moderate income
neighborhoods in "Old Town" in an effort to reduce crime and improve community
relations·
ELIGIBILITY: 570.201 (e)
BENEFIT: 570.208 (a) (1)
11. CENSUS TR~CT(S)/~TZON DZSTRZCT(S)
CT 432 ED 713 75,31% L/M
· ANTICIPATED ACCOMPLISHMENTS
Officers will target the Old Town area to identify criminal activity and
problem areas to reduce the high level of crime, with special emphasis on gang
activity.
13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $)
(List component activities using names CDBG OTHER
of activities shown in Part A,. COST Low/Hod Other Amount Source
SUNMARY, Form HUD-7067.1 Renef~t Benef.~t
(a) (b) (c) (d) (e)
$ $ $
Fub]{c Serv{ce
10.000
14. Total s $ 10,000 $ $
I
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of ,.Columns b and c) $ 10.000
EXHIBIT D
Page I
FILE:
1.TM011
SUPPT .RM~NTi~T..AGRRN~4RNT
Cooperative Agency:
C{tv of Temecula
Address: 43174 mum~ne~$ Psrk nr~ve. Temec-la
Project Title: C.{ty of Temecu]a Sen{or Center Proiect
Location: 6th Street. near Metcedes S~eet Old Town TAmec,,.la
Description: The City of Temecula'has proposedthe construction of a new Senior
Citizens Center in Old Town Temecula. CDBG funds will be used to pay for a
portion of the construction costs of converting the former Temecula Valley
Unified School District Bus Barn facility into a senior center facility offering
recreation and human services program.
This project serves limited clientele; therefore, the attached document for
Direct Benefits needs to be filled out and submitted tothe County of Riverside
EDA on a monthly basis. Should there be no services rendered, submit a for~'
indicating NO SERVICE.
Project Budget:
Cost
CDBG ApDroved
1) Architect/Engineer Design
2) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) ConstructiOn Costs
6) Relocation Costs
7) Equipment Costs
8) Other Costs
9) Operation/Maintenance
10) Contingency
Costs S S
201,400 201,400
$201,400
$20~,400
EXHIBIT D
Page 2
File:
1.TMOll
~_aetable Implementation Schedule
Milestone
Prepare Bid Documents
Advertise for Bid
Bid Opening
Award Contract
Notice to Proceed
Complete Construction
Start Date
xo/1/92
11/15/92
12/1/92
Completion Date
9/30/92
10131/92
XX/15/92
X2/1/92
4/30/93
EXHIBIT D
Page 3
File: 1.TM011
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
FROM
PROJECT SUMMARY
PERIOD OF APPLICABILITY
TO
Julv 1. !992
5. NAME OF PROJECT
City of Temecula
Senior Center Project
1. NAME OF APPLICANT
CoUnty of Riverside
2. APPLICATION/GI~WT NI[MB'
B-92-UC-06-0506
4. X Original (each year)
Revision, Date
June 30. 1993 Amendment, Date
6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS
1.TM011 Under Review
8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER
City of Temecula (714) 694-6480
10. DESCRIPTION OF PROJECT
The City of Temecula has proposed the construction of a new Senior Citizens
Center in Old Town Temecula. CDBGfunds will beused to pay for a portion of the
construction costs of converting the former Temecula Valley Unified School
District Bus Barn facility into a senior center facility offering recreation and
human services program.
This project serves limited clientele; therefore, the attached document for
Direct Benefits needs to be filled out and submitted to the County of Riverside
EDA on a monthly basis. Should there be no services rendered, submit a form
indicating NO SERVICE.
ELIGIBILITY: 570.201 (c) BENEFIT:
11. CENSUS TRACT(S)/ENUNRRATION DISTRICT(S)
Presumed Benefit, Senior Citizen Clientele
570.208 (a) (2)
12. ANTICIPATED ACCOMPLISHMENTS
Project will provide a facility where senior residents of Temecula can access
coordinated senior services such as health, income tax, nutrition social end
recreational services.
13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousends of $)
(List component activities using names CDBG OTHER
of activities shown in Part A, COST Low/Mod Other Amount Source
SUNM~RY. Form'HUD-7067.) Benefit Benefit
(a) (b) (c) (d) (e)
$ $ S
X:h'~hl 'i C Fac~ 1 .J t.~ es & TmD~ovements
201.400
14. Total s 8~-01.400 $ ~
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of'Columns b end c) $201.400
3499 TENTH STREET
RIVERSIDE, CA 92501
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SELF CERTIFICATION FOR
PUBLIC SERVICE AGENCY'S CLIENTELE
CERTIFICATION AND FAMILY SIZE
FAMILY SIZE FAMILY INCOME
i $20,150
2 $23,050
3 '$25,900
4 $28,800
5 $31,100
6 $33,400
7 $35,700
8 $38,000
My present yearly family income is less than the income level shown
above for a family the same size as my family. I understand this
information is subject to verification by authorized government
officials.
Name: /
(Print) (Signature)
Address:
City & State:
1). I am (circle one only) white, hispanic, black, asian or native
american.
2)
I consider myself in one of the following categories (please
check if applicable):
Senior Citizen
Handicapped Person
Migrant Farm Worker
3) My family size is:.
The Agency or interviewer should complete the appropriate following
statement:
The person signing the above certification was interviewed for
services on (date): .
The person signing the above certification received (type of
services provided):
This certification form may be used to document a direct benefit
claim on public service provided for the CDBG program.
The family income levels shown in the above schedule are applicable
to Riverside & San Bernardino Counties and all cities within those
Counties as of December 1, 1991.
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EXHIBIT
HOUSING POLICY FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COUNTY OF RIVERSIDE
The Housing and Community Development Act of 1974, as amended, encourages and
supports the development of decent, safe, and sanitary housing within a
suitable living environment that is affordable to. low and moderate income
persons.
The County is required under the Act to develop and implement an approved
Housing Assistance Plan (HAP) as part of its Community Development Block
Grant Application (Title 24) Code of Federal Regulations (Part 570.306). The
Housing Assistance Plan serves as a measure of the conditions of the housing
stock and the needs of low and moderate income persons for housing
assistance. The HAP also serves to establish goals for assistance best
suited to meet the identified needs and to further the revitalization of the
community. The HAp must also provide general locations for assisted housing,
which promotes a greater choice of housing opportunities and avoids undue
concentrations of assisted persons in areas containing a high proportion of
lower income persons, and which furthers fair housing and assures the
availability of public facilities. In addition, all communities ere expected
to share in providing expanded housing opportunities for lower income persons
and to participate in area-wide solutions of housing problems through
promotion of spatial deconcentration of housing opportunities for lower
income persons.
The County and its cooperating cities have reviewed and formally approved
their respective Housing Assistance Plans. As such, the local jurisdictions
are responsible for implementation of the Housing Assistance Plan in an
expeditious manner. This includes the timely achievement of all goals fc~,
assisted housing and particularly those which address the needs of familie~
and large families requiring rental assistance. Local jurisdictions may be
expected to take any or all actions within their control to facilitate the
implementation of an approved Housing Assistance Plan, including:
, acquisition of sites and provision of site improvements for the
development of assisted housing;
adoption or modification of local ordinances and land use measures
to facilitate the development of assisted housing,' including insti-
tution of local referendum actions, where necessary;
* issuance of appropriate zoning changes, building permits, utility
connections and similar administrative requirements;
* formation of a local housing authority or execution of an agreement
with a housing authority having powers to provide assisted housing
within the local jurisdiction;
· removal of local residency preferences for assisted housing;
promotional and assistance activities to encourage developers to
initiate assisted housing or to allocate a portion of their planned
unsubsidized developments for assisted housing, and to encourage own-
ers to make units available for Section $ Housing Assistance Payments
Program;
measures to reduce the cost of housing development, such as tax
abatement, deferral, waiver or deferral of fees and other admin-
istrative costs.
Exhibit
Housing Policy for CDBG
County of Riverside
Page Two
promotional and assistance activities to encourage developers to
initiate assisted housing or to allocate a portion of their planned
unsubsidized developments-for assisted housing, and to encourage own-
ers to make units available for Section 8 Housing Assistance Payments
Program;
%
measures to reduce the cost of housing development, such as tax
abatement, deferral, waiver or deferral of fees and other admin-
istrative costs.
The County of Riverside requires all cities and sponsors to contribute to the
implementation of the Housing Assistance Plan. Section I of the Sponsor's
Agreement states that Community Development Block Grant funds are to be used
to assist and undertake essential Community Development and Housing
Assistance activities pursuant to the Housing and Community Development Act
of 1974, as amended.
Failure to comply with these provisions, specifically any action on the part
of a cooperating city or sponsor taken to impede the development of publicly-
assisted housing, may result in that City or sponsor not qualifying to
receive Community Development Block Grant Funding.
State law also requires local government action to produce housing.
California Government Code, Section 65302 (c) requires that all jurisdictions
in the State of California prepare a housing element which identifies
existing and future housing needs, and develops plans for meeting such needs.
Section 65008 of the California Government Code, as amended, prohibits,
inter alia, any city or county from enacting or administering ordinances
pursuant to Title 7 (Planning and Land Use, Government Code 65000 st.
seq.) whichprohibit or discriminate against any residential development
or project because of the method of financing or the race, sex, color,.
religion, national origin, ancest.ry, lawful occupation, or age of the
owners or intended occupants of the residential development.
The Code further provides that "the Legislature'finds and declares ~hat
discriminatorypractices which inhibit the development of'housing for persons
and families of low, moderate, and middle income, or emergency shelters for
the homeless, are a matter of statewide concern".
Discrimination against housing for low, moderate and middle income persopJ,
and especially families, is also a matter of local concern. Therefore, it is
the policy of the County of Riverside that Community Development Block Grant
funds shall be withheld from any sponsor or potential sponsor which
discriminates against, or inhibits the development of housing for low end
moderate income persons or families within its jurisdiction. Furthermore,
each sponsoring entity shall take actions within its capabilities to the
support of publicly-assisted housing., In addition to city and community
support, special districts, including school districts, are expected to
assist, contribute or set aside sufficient capacity where legally possible,
to accommodate the development of low, moderate, and middle income housing
within their jurisdictions.
Prohibition Against Conflicts of Interest
EXHIBIT CI , page 1 of 4
570.611
Conflict of interest.
(a) Applicability.
In the procurement of supplies, equipment, construction, and services
by recipients, and by subrecipients (including those specified at
S 570,204(c)), the conflict of interest provisions in 24 CFR 85.36 and
OMB Circular A 110, respectively, shall apply.
(2)
In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the
provisions of this section shall apply. Such cases include the
acquisition and disposition of real property and the provision of
assistance by the recipient, by its subrecipients, or to individuals,
businesses and other private entities under eligible activities which
authorize such assistance (e.g., rehabilitation, preservation, and
other improvements of private properties or facilities pursuant to
~ 570.202, or grants, loans and other assistance to businesses,
individuals and other private entities pursuant to ~ 570.203, S 570.204
or ~ 570.455).
(b) .Conflicts'prohibited. Except for the use of CDBG funds to pay salaries
and other related administrative or personnel costs, the general rule is that
no persons described in paragraph (c) of this section who exercise or have
exercised any functions or responsibilities with respect to CDBG activities
assisted under this part or who are in a position to participate in a decision
making process or gain finside information with regard to such activities, max
obtain a personal or financial interest or benefit from a CDBG assist,
activity, or have an interest in any contract, subcontract or agreement wi~,
respect thereto, orthe proceeds thereunder, either for themselves or those with
whom they have family or business ties, during their tenure or for one year
thereafter. For the UDAG .program, the above restrictions shall apply to all
activities that ere a part of the UDAG project, and shall cover any such .
interest or benefit during, or at any time after, such person's tenure.
(c) Persons covered. The conflict of interest provisions of paragraph (b)
of this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of the recipient, or of any
designated public agencies, or subrecipients which are receiving funds under
this part.
(d) Rxcept.4ons: ~b~emhola ~e~u{~ements. Upon the written request of the
recipient, HUDmaygrant an exception to the provisions of paragraph (b) of this
section on a case-by-case-basis when it determines that such an exception will
serve to further the purposes of the Act and the effective and efficient
administration of the recipient's program or project. An exception may be
considered only after the recipient has provided the following:
(1)
A disclosure of the nature ofthe,conflict, accompanied by an assurance
that there has bean public disclosure of the conflict and a description
of how the public disclosure was made; and
ProhibitionAgainst Conflicts of Interest
EXHIBIT CI, page 2 of 4
(e)
(2) An opinion of the recipient's attorney that the interest for which
the exception is sought would not Violate State or local law.
Factors to be considered for exoept.~ons. In determining whether togrant
a requested exception after the recipient has satisfactorily met the
requirements of paragraph (d) of this section, HUD shall consider the
cumulative effect of the following factors, where applicable:
(i)
Whether the exception would provide a significant cost benefit or
an essential degree of expertise to the program or project which
would otherwise not be available;
(2)
Whether an opportunity was provided for open competitive bidding
or negotiation;
Whether the person affected is a member of a group or class of low
or moderate income persons intendedto be the beneficiaries of the
assisted activity, and the exception will permit such person to
receive generally the same interests or benefits as are being made
available or provided to the group or class;
(4)
Whether the affected person has withdrawn from his or her
functions or responsibilities, or the decisionmaking process with
respect to the specific assisted activity in question;
(5)
Whether the interest or benefit was present before the affected
person was in a position as described in paragraph (b) of this
section;
(e)
Whether undue hardship will result either to the recipient or'the
person affectedwhen weighed against the public interest served by
avoiding the prohibited conflict; end
(7) Any other relevant considerations.
Prohibition Against Conflicts of Interest
Exhibit CI, page 3 of 4 '~
Community Dvlpmt.
Block Grant
Policy Manual
I.D. #A-11
(pg. i of 2)
TOPIC:
CONFLICT OF INTEREST CODED
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
This Conflict of Interest Code is written to comply with Federal Regulations
(24'CFRPart 85). These Regulations. "Administrative Requirements for Grants
and Cooperative Agreements to State, Local and Fedorally Recognized Indian
Tribal Governments- require that grantees and sub-grantees will maintain a
written cede of standards of conduct governing the performance of their
employees engaged in the award and administration of contracts.
1) No employee, officer or agent of the grantee shall participate in the
selection, in the award or in the administration of a contract supported by
Federal Funds if a conflict of interest, real or apparent, would be involve~'~
2) Such a conflict will arise when:
i)
ii)
iii)
iv)
The employee, officer or agent;
Any member of the immediate family;
.His/Her partners, or;
An organization which employs, or is about to employ any of the
above has a financial or other interest inthe firm's selection for
award.
3) The grantee,s or sub-grantee,s officers, employees or agents will neither
solicit nor accept gratuities, favors or anything of monetary value from
contractors or parties to sub-agreements except as noted in Section 4.
4) A grantso's or sub-grantee,s officers, employees or agents will be
presumed to have a financial interest in a business if their financial interest
exceeds the following:
i) Any business entity in which th~ official has a direct or indirect
investment worth one thousand dollars ($1,000) or more.
ii) Any real property in which th~ official has a direct or indirec~,
interest worth one thousand dollars ($1,000) or more.
Prohibition Against Conflicts of Interest
Exhibit CI, page 4 of 4
TOPIC:
DATE:
iii)
v)
CONFLICT OF INTEREST CODE
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
Community Dvlpmt.
Block Grant
Policy Manual
I.D. #A-11
(pg. 2 of 2)
October 1989
Any source of income, other than gifts and other than loans by a
commercial lending institution in the regular course of business on
terms available to the public without regard to official status,
aggregating two hundred fifty dollere ($250) or more in value provided
to, received by or promised to the official within 12 months p~ior to
the time when the decision is made.
Any business entity in which the official is a director, officer,
partner, trustee, employee, or holds any position of management.
Any donor of, or any intermediary or agent for a donor of, a gift or
gifts aggregating two hundred fifty dollars ($250) or more in value
provided to, received by, or promised to the official within 12 months
prior to the time when the decision is made.
For purposes of Section 4, indirect investment or interest means any
investment or interest owned by the spouse or dependent child of an
official, by an agent on behalf of an official, or bya business entity
or trust in which.the official, the official's agents, spouse, and ·
dependent children own directly, indirectly, or beneficially a 10-
percent interest or more.
ITEM NO.
6
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 24, 1992
Authorize Release of Security Amounts for Parcel Map No. 22610
PREPARED BY:
Albert A. Crisp, Permit Engineer
RECOMMENDATION:
That the City Council AUTHORIZE the release of Street Improvement Faithful Performance
Warranty Trust Deposit, and the Material and Labor Letter of Credit in Parcel Map No; 22610,
and DIRECT the City Clerk to so notify the Clerk of the Board of Supervisors.
BACKGROUND
The County Surveyor and Road Commissioner, acting on behalf of the Board of Supervisors,
approved the map for Parcel Map No. 22610 on February 25, 1988, and accepted the
Subdivision Agreement submitted by: Rudy S. Berry, 41837 Calle Cedral, Temecula, CA
92592, for the improvement of streets. Accompanying the Subdivision Agreement were
letters of credit for Faithful Performance and Materials and Labor securities ($8500 Faithful
· Performance, $4250 for Materials and Labor, respectively).
On September 10, 1991, the City Council .acknowledged the completion of the street
improvements in Parcel Map No. 22610, and authorized the reduction of Street Improvement.
Faithful Performance securities to the one-year warranty level of 10% ($850), with the
Material and Labor Security maintained for the minimum period required by law.
The warranty period has passed with no repairs/replacement required. In addition, no claims
for either labor or material have been filed with the Clerk of the Board of Supervisors or with
the City Clerk's files.
Staff therefore recommends that these securities be released.
FISCAL IMPACT:
None.
ATTACHMENT: Vicinity Map
-1- pwO1'~.egdrpt~92~1124~em22610 1113e
ITEM NO. 7
APPROVAL
CITY ATTORNEY ~
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPOR'P
TO:
FROM:
City Council/City Manager
-~ Tim D. Serlet, Director of Public Works/City Engineer
DATE:
November 24, 1992
SUBJECT:
Completion and Acceptance of Sixth Street Improvements
Project No. PW92-02
PREPARED BY: '<~'Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council accept the Sixth Street Road Improvements, Project No. PW92-02, as
complete and direct the City Clerk to file the Notice of Completion, release the Performance
Bond, accept a one-year Maintenance Bond (10% of contract amount), authorize the release
of the construction retention thirty-five (35) days after filing of the Notice of Completion, and
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.
BACKGROUND:
On August 11, 1992, the City Council awarded a construction contract to Ramtek
Contractors Inc. for street and sidewalk improvements on Sixth Street (Project No. PW92-02)
between Front Street and Mercedes Street, for the amount of ~41,326.30, plus 10%
contingency, for a total of $45,458.93, from the Development. Impact Fund to the 'Capital
Projects Account for Project PW92-02. The contractor has completed the work in accordance
with the approved plans and specifications to the satisfaction of the City Engineer.
FISCAL IMPACT:
On August 11,1992, the City Council approved the appropriation of $41,326.30, plus a 10%
contingency of $4,132.63, for a total of $45,458.93. The final project cost breakdown
includes the contract bid amount of $41,326.30, relocation of Rencho California Water
District facilities of $5,042.50 to be paid by R.C.W.D., and ~805.91 in additional quantities
for a city project cost of $42,132.21.
pwO4~agdrp~J2't1124%pw92-02 1113
ITEM NO.
8
APPROVAL
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
-PREPARED BY:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Tim D. Serlet, Director of Public Works/City Engineer
November 24, 1992
Contract Change Order No. 002 on Project No. PW92-04,
Margarita Road Interim Improvements
~'f~/Scott Harvey, Associate Engineer
RECOMMENDATION:
A. Approve Contract Change Order No. 002 consisting of the following:
Increase in contract amount due to overexcavation of unsuitable subgrade
materials in the fill areas. Increase -- $75,000.
Approve a transfer of $75,000 from the Measure "A" fund to the Capital Projects
Account.
C. Appropriate $75,000 to Capital Projects Acct. No. 210-165-606-5804 from
Unreserved Fund Balance·
BACKGROUND:
The Contract for Street Improvements on Margarita Road (Project No. PW92-04) was awarded
on August 25, 1992 to R.J. Noble Company for $511,500 ($511,500, plus a 10%
contingency of $51,150), and on October 27, 1992, City Council epproved C.C.O. No. 001
for overexcavation of unsuitable materials in fill areas for the amount of $70,000.
Contract Change Order No. 002 consists of the following:
Overexcavation of unsuitable materials in cut areas. While the approved extra
work for the overexcavation was in operation for the project's fill areas due to
the existing subgrade material being unsuitable (a porous colluvium material),
it was determined that the existing subgrade material in the project's cut areas
was also unsuitable porous colluvium material. At the recommendation of the
-1 - pwO4~egdrpt~92~l 124~pw92-O4.002 1112
geotechnical firm, the materials will be overexcavated to remove, and then re-
compact the unsuitable materials to alleviate future subgrade settlement.
FISCAL IMPACT:
On August 25, 1992, the City Council approved the appropriation of ~511,500, plus a 10%
contingency of ~51,150, for a total of $562,650. T, hen on October 27, 1992, the City
Council approved C.C.O. No. 001 in the amount of $70,000. The necessary work to be
performed shall be at Force Account (time and materials) and is estimated at $75,000,
therefore an additional appropriation of $75,000 for Contract Change Order No. 002 is
required at this time to be appropriated from Measure "A" " funds to Capital Projects Acct. No.
210-165-606-5804.
-2- pwO4%egdqu~92% 1124%pw92.-04.002 1112
ITEM NO. 9
APPROVAL
CITY ATTORNEY
FINANCE OFFICEFi
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
PREPARED BY:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
,,~ Tim D. Serlet, Director of Public Works/City Engineer
November 24, 1992
Contract Change Order No. 003 for Additional Professional Services by
Law/Crandall Incorporated for Geotechnical Services on
Margarita Road Extension Interim Improvements Project, PW92-04
'~Scott Harvey, Associate Engineer
RECOMMENDATION:
A. Approve Contract Change Order No. 003 consisting of the following:
Increase in contract amount for additional Geotechnical Services. Increase =
~7,900.
Be
Approve a transfer of $7,900 from the Measure "A" fund to the Capital Projects
Account.
Ce
Appropriate $7,900 to Capital Projects Acct. No. 210-165-606-5804 from Unreserved
Fund Balance·
BACKGROUND:
The Contract for Geotechnical Services for Margarita Road Extension Interim Project No.
PW92-04 was awarded on September 8, 1992 to Law/Crandall Incorporated for $6,300. This
amount was for approximately 90 man-hours to observe and provide soil testing for the
original approved construction project. On October 27, 1992 City Council approved C.C.O.
No. 001 for the general contractor R. J. Noble Company to overexcavate the unsuitable
materials in the project's fill area. The proposed C.C.O. No. 002 for the general contractor
R. J. Noble Company is a separate area to overexcavate the unsuitable materials in the
project's cut area.
Contract Change Order No. 003 consists of the following:
1. Additional Geotechnical Observation and Testino Services. Additional
ol- PwO4~gdmt~92~3124~pwS2-04.003 ~112
Geotechnical Services are needed to provide for the Geotechnical Observation
and Testing Services for Margarita Road Extension Interim Improvements
Project PW92-04 two change orders (C.C.O. No. 1 and 2), so to insure a proper
process of soil compaction and to provide · suitable subgrade. The estimated
time to provide for the additional Geotechnical field observations and testing
services is approximately 104 man-hours.
FISCAL IMPACT:
On September 8, 1992, the City Council-approved the appropriation of ~6,300 for the
Geotechnical Services to Law/Crandall Incorporation. The necessary additional work to be
performed shall be at Force Account (time and materials) and is estimated to $7,900, therefor
an additional appropriation of $7,900 for Contract Change Order No. 001 is required at this
time to be appropriated from Measure "A" funds to Capital Projects Acct. No. 210-165-606-
5804.
-2- pwO4%egdrpt%92%l 124%pw92-04.00'3 1112
ITEM NO. 10
APPROVAL
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Tim D. Serlet, Director of Public Works/City Engineer
November 24, 1992
Contract Change Order No. 004 for Additional Professional Services by
Rick Engineering Company for Land Surveying on Margarita Road
Extension Interim Improvements Project, PW92-04
PREPARED BY: Scott Harvey, Associate Engineer
RECOMMENDATION:
Ae
Approve Contract Change Order No. 004 consisting of the following:
1. Increase in contract amount for additional Land Surveying Services.
Increase = $4,000.
Be
Approve a transfer of $4,000 from the Measure "A" fund to the Capital Projects
Account.
Ce
Appropriate $4,000 to Capital Projects Acct. No. 210-165-606-5804 from Unreserved
Fund Balance.
BACKGROUND:
The Contract Land Surveying Services for Margarita Road Extension Interim Project No.
PW92-04 was awarded on September 8, 1992 to Rick Engineering Company 'for $ 40,000.
On October 27, 1992 City Council approved C.C.O. No. 001 for the general contractor R.J.
Noble Company to overexcavate the unsuitable materials in the project's fill area. The
proposed C.C.O. No. 002 for the general contractor R.J. Noble Company is a separate area
to overexcavate the unsuitable materials in the project's cut area.
Contract Change Order No. 004 consists of the following:
Additional Land Surveying Services. Additional Land Surveying Services are
needed to stake additional slope staking for the Margarita Road Extension
-1- pwO4%egdrpt~92~1124%pw92-O4.004 1112
Interim Improvements Project PW92-04 two change orders (C.C.O. No. I and
2), so to provide the grading contractor with the proper area and depth to
excBvBte.
FISCAL IMPACT:
On September 8, 1992, the City Council approved the appropriation of $40,000 for the Land
Surveying Services to Rick Engineering Company. The necessary additional work to be
performed shall be at Force Account (time and materials) and is estimated to $4,000, therefor
an additional appropriation of $4,000 for Contract Change Order No. 001' is required at this
time to be appropriated from Measure "A" funds to Capital Projects Acct. No. 210-165-606-
5804.
-2- pwO4%egdrpt%92%l 124%pw92-04.004 1112
ITEM NO.
11
APPROVAL
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/~t~, ~Manager
Gary Thornhiil ~rector Of Planning
November 24, 1992
Change of Zone No. 5724 and Tentative Tract Map No. 25277,
No. 4
Amendment
Change of Zone No. 5724 and Tentative Tract 25277, Amendment No. 4 appeared on the
City Councils agenda November 10, 1992. Due to a lengthy discussion of other public
hearing items, this case was continued to the November 24, 1992 City Council meeting.
vgw
S%STAR:IqPT%5724.CC 1
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
November 24, 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 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.
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.
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'tSTA~5724CZ-4.CC 1
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. 572'4 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~5724CZ-4,CC 2
ATTACHMENT NO. 1
ORDINANCE NO. 92-
S\STAFFRPT%5724CZ-4,CC 3
---- ATTACHMENT NO. 1
ORDINANCE NO. 92-
AN ORDINANCE OF TBT. CITY COUNCIL OF ~ CITY
OF TEMEC~A, CALIFO~, 'AMENDING ~
OFFICIAL ZONING MAP OF SAm CITY BY APPROVING
THY~ 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 TI~tECU'LA CREEK INN.
TIlE 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 Temeeula. 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. Taking Effect. This Ordinance shah 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.
SXSTAFFRPT\5724CZ4.CC 4
PASSEB, APPROVED AND ADOPTED this 24th day of November, 1992.
ATTEST:
PATRICIA H. BIRDSALL, MAYOR
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
C1TY 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 24th 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:
ABSEI~FI':
COUNCIL1ViE1ViBERS:
COUNCIL1ViE~ERS:
APPROVF~n AS TO FORM:
June S. Greek, City Clerk
Scott F. Field
City Attorney
S~STAFFFIF~5724CZ,.4.CC 5
ATTACHMENT NO. 2
RESOLUTION NO. 92-
S%STAFFRPT%5724CZ4.CC 6
ATFACH]VI~-NT NO. 2
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 THF~ SOUTHWESTERLY SIDE. OF
PECHANGA CREEK BETWEEN VIA GILBERTO AND THE
EASTERLY SIDE OF TEMECULA CREEK INN.
~VHEREAS, Acacia Construction filed 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 opportunity to testify either in support
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 24, 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 FOLLOWS:
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 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
S%STAFFRP~5724CZ4.CC 7
2. The planning agency fincls, 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 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 Temecuh as
· the General Plan for the southwest portion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the preparation of its General
Plan.
C. The City Council in approving the proposed Change of Zone, makes the following
findings, to wit:
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 ff Change of Zone No. 5724 is ultimately inconsistent with the
Phn, due to the fact that the project is consistent with the existing single family dwelling
developments in the immediate vicinity and their unde~ying 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 goff 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~STAFFRFTt, S?24CZ'4-CC 8
D. The Change of Zone is compatible with the health, safety and welfare of the
community.
Section 2. l~-nvironmental Conlpliance. 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 projbct, '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 24th 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%B724CZ-4.CC 9
I HEREBY' CERTIFY that the foregoing Remlution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 24th day of
November, 1992 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBF/tS:
COUNCILMEMBERS:
JUNES. GREEK
CITY CLERK
$~$TAFFIqPT~5724CZ-4.CC I 0
ATTACHMENT NO. 3
RESOLUTION NO. 92-
S'~$TAFFRPT~S724CZ-4.CC 11
ATTACHMENT NO. 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA At'PROVING TENTATIVE TRACT MAP
NO. 25277, A_MENDMENT NO. 4 TO SUBDIVIDE A 47.7
ACRE PARCEL INTO 96 SINGLE FAMH~Y LOTS AND S
OPEN SPACE LOTS LOCATED AT THE
SOUTHWESTERLY SIDE OF PECHANGA CREEK
BETWEEN VIA GH~RERTO AND THE EASTERLY SIDE OF
WHEREAS, Acacia Construction filed 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;
WItEREAS, 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;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Tentative Tract Map;
WHEREAS, the City Council considered said Tentative Tract Map on November 24,
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, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Fmdin~.~. 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:
$~$TAm724CZ.,4.CC 12
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:
a. There is a' reasonable ~robability 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 Code, to wit:
plan.
The city is proceeding in a timely fashion with a preparation of the general
2. The Planning Commission f'mds, in recommending approval of pwjects
and taking other actions, including the issuance of building penits, 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 reasonable time.
b. There is little or no probability of substantial detriment to or
interference with the future adopted general plan ff 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:
S\STAFFRPT~5724CZ-4.CC I 3
That the proposed land division is consistent with applicable general and
specific plans.
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 proposed l~md 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 of 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 shah 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 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 conditioned, 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.
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 goff 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 weftare since all impacts have been mitigated to a level of insignificance.
S\STAFFRPT\5724CZ4.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 goff 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 heroin 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 tmhnced 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.
9. The proposed project wffi 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
66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks
according to the R-1 standards.
11. 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 effect in this case because the mitigation measures described in
the Conditions of Approval have been added to the project, and a Negative Declaration,
therefore, is hereby granted.
S%STAFFRPT\5724CZ..4.CC 15
section 3. Conditiom. That the City of Teme~ula City Council hereby approves
Tentative Tract Map No. 25277, Amendment No. 4 for the subdivision of a 47.7 a~re 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 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 shall certify the adoption of this Resolution.
PASSED AND ADOFrED this 24th 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)
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 24th day of
November, 1992 by the following vote of the Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JUNE S. GREEK
CITY CLERK
mSTAFFRFnS?24CZ4.CC 16
ATTACHMENT NO. 4
CONDITIONS OF APPROVAL
S~STAFFRFT\5724CZ..4.CC I 7
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 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 I 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 applicant shall comply with the Rancho California Water District recommendations
outlined in the letter dated March 4, 1992, a copy of which is attached.
S\STAFFRFT\5724CZ.PC
~ Revieed October 30. 1992 2 1
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:
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.
The developer shall be responsible for maintenance and upkeep of all slopes, landscaped
areas and irrigation systems until such time as those operations are the responsibilities
of other parties as approved by the Planning Director.
Prior to 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
Revised October 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 followiqg:
(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 shall 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~,STAFFRPT%5724CZ.PC
~ Revieecl October 30, 1992 23
(2) ~
18,
Angular forms shall be discouraged. The graded form shall reflect the
natural rounded terrain.
(3)
The toes and tops of slopes shall be rounded with curves with radii
designed in proportion to the total height of the slopes where drainage and
stability permit such rounding.
(4)
Where cut or fill slopes exceed 300 ~eet 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.
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.
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 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\STAFFRPT\5724CZ.PC
Revised October 30, 1992 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..Thq 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 sholl bo irrigatod and Iondsoopod. 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.
(10) Timing of installation of all landscaping shall be specified on the plans.
S%STAFFRPT\5724CZ.PC
Reviled October 30, 1992 25
19.
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 depicteld 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)
Drainage plans shall be designed so that oak tree trunk areas are properly
drained to avoid ponding.
(7)
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\STAFFRFT\S724CZ.PC
Revieecl October 30, 1992 2 6
(9)
(10)
'(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.
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.
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 infeasib, le, the
affected trees shall be transplanted.
Program elements to be printed as conditions on final grading and building plans:
(1)
(2)
(3)
(4)
(5)
No grading or development shall occur within the driplines of oak trees
which occur in the construction area.
(6)
No construction equipment shall be parked, stored or operated within 6
feet of any oak tree dripline.
No fill soil, rocks or construction materials shall be stored or placed within
six feet of the dripline of an oak tree.
Any roots encountered that are one inch in diameter or greater shall be
cleanly cut and sealed with a tree-seal compound.
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.
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\5724CZ,PC
-"-- Revied October 30, 1992 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
plantings 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.
C. 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
Revised October 30, 1992
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
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.
S\STAFFRPT%5724CZ.PC
---- Revised October 30, 1992 29
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 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 th~ 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 (925.00) 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 her. in 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. 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.
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.
S%STAFFRPT\5724CZ ,PC
Revised October 30, 1992 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 arbor/st 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
Mountain. 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 recordat/on 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 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.
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
Revised October 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\5724CZ.PC
Revieed October 30, 1992 3 2 ""'
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
AI.I 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 AoC. 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
/--' Revieed O~toloer 30. 1992 3 3
51.
52.
53.
54.
55.
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%5724CZ.PC
Revieed October 30, 1992 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 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.
S\STAFFRFr%S724CZ.PC
Revi~,ed October 30, 1992
72.
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 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 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 and City standards:
A. Blasting shall be conducted by a trained and licensed blaster.
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.
S\STAFFRPT~S724CZ.PC
Revbed October 30, 1992 36
78.
79.
80.
81.
82.
83.
84.
85.
Ee
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
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.
S\STAFFRFT%5724CZ.PC
/'- Revieecl October 30, 1992 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. 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; 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
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-sac terminus to the northerly
boundary of Tentative Map 27473.
S%STAFFRPT~5724CZ,PC
Revimed October 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 coml~leted.
Transoortation 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.
Prior to designing any of the above plans, contact Transportation Engineering for the
design requirements.
98. A Transportation Demand Management program will be required.
99.
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.
PRIOR 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\STAFFRFr~5724CZ.PC
-'-- Revieed October 30, 1992 39
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES OISTRICT. CORPS OF ENGINEERS
P,O. BOX 2111
LOS ANGELES, CALIFORNIA 30053-2325
March 6, 1992
RECEIVED i
1
MARIOBc,:j2
MMIUMM&ASSOCIATES
TEMECULA. 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.
Enclosed you will find a permit application form and a
pamphlet that describes our regulatory program. If you have any
questions, please contact Robetry Smit~ of my staff at (213) 894-
5606. Please refer to this letter in your reply.
Sincerely,
Chief, South Coast Section
Enclosures
Board of Directors:
Csabs F. Ko
President
Douglas V. Kulberg
Sr, Vice President
Ralph H. Daily
Nancy K. Huffhes
Jeffrey L. Minklet
Lisa D. Peterson
Richard D. Steffey
O{fieers:
John F. Hennigar
General Manager
Phillip L Forbe~
Director of Finance -
Treasurer
Thomas R. MeAljester
Director oEOperatzons
& Maintenance
E. P. "Bob" Lemons
D~rector of Enlmneenng
Perry R, Louck
Controller
Linda M. Fregoso
Dmtnct Secretan'
McCormick. Kidman
& Behrens
Legal Counsel
MAR
March 4, 1992
City of Temecula
Temecula Planning Department
43174 Business Park Drive
Temecula, CA 92590
Development Review Committee Agcnda
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
<-----~'x' -- - ~ " ""'-
Laurie Witlianas
Manager of Engineering Services
LW:mc04/FEG
Ranch. California Wsster District
:2.~l)ell lhaz J(l~ed * I',NI ()fllt'c Ih,x;HII7 * Tcnlt.cul.t.l'idili,rntu;12.~;NlJ-!l, 17 · ,71 I,I;76-.1101 · I"A2'i,71
California Department of Fish and Game
330 Golden Shore, Suite 50
Lona Beach, CA 90802
RECEIVED
/M R221gg2
April 20, 1992
Mr, Larry Markham
41750 Ninthester Road, Suite N
Temecula, CA 92590
Dear Mr. Markham:
I have reviewed the information which you provided on Tentative Tract
25277 and have the followira comments, Based on our discussions and
review of the information it appears that many of the potenial impacts
to the streams and oak trees have been avoided, Also, the plan could
result in an enhancement of the wildlife values within that Portion
PechanGa Creek which runs throuoh the pro.iect site, At this time I do
not forsee. any problems with the Depertment'e execution of a SCreambed
Alteration AGreement for this pro.ject, As soon as the project has
completed the required compliance with the California Environmental
0uality Act and you have an aDproved plan you may request your
Streambed Alteration Aoreement. The processira time for a Streambed
Alteration Aoreement is approximately 30 days for when the Department
receives a complete notification package.
If you have any Guestions please call me at (71~) 924-2757.
Sincerely
ichael Giusti
Environmental Specialist III
Ration 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, Go~rnor
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 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,
Regional Manager
Region 5
co:
Office of Planning and Research
Environmental Services Division
230 WEST SAN JACZN'ZO AVENUE *
(/14) 657-3183 --~
ATTEN:
RE:
CITY OF TEMECULA
PLANNING DEPARTMENT
TRACT 25277
AUGUST 4, 1992
With respect to the review 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. 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 provide 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 Silberto Road.
The Fire Department recommends the following fire
measures be provided in accordance with Temecula City
and/or 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 350 feet apart in any direction, with no portion of
any lot frontage more than 165 ft. from a hydrant. Minimum fire
flow 'shall be 1000 SPM for 2 hours duration at 20 PSI.
2. Applicant/developer shall furnish one copy of the water 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 flow. Once plans are signed by the local
water company, the originals shall be presented to the Fire
Department for signature.
3'/61) IZd~k,qkmmki&CJl~l
(714) Z7~,-I.7'7'7 · FAX C/Ill .1~t.74~1
~ ~'UvMJ.J.U.D. LVJ.~Li.m
(6191 8634116 FiX (6111
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 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/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 questions regarding the meaning of conditions shall
ferred to the Planning and Engineering Staff.
be i'e-
RAYMOND H. REGIS
Chief Fire Department Planner
Michael E. Gray,~
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. Pot
lots where a 50 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.
2
TEMECULA VALLEY
Unified School District
SU~RINTENDENT
PltrtCll 9, Novotney, Ed.D.
BOAR,~ 01= -'DUCATION
Dr. David Egr~cr.
Ro~.~,~ Van~3erne
Joan F. Sr, ar~man
Welt SwiCl(le
B;~tBara TOoker
August 12, 1992
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attention: Salad Naaseh
Re: Acscia Construction Tract Map 2527?
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 amount in effect at the time that
the building permit is applied for.
Thank you for your time and cooperation concerning this matter.
VerV truly yours,
Temecula Valley Unified School District
Lettie Boggs
Coordinator, Facilities Planning
31350 Rancno vista Road .: Temecula, CA 92592 / (714) 676-2661
TO:
FROM:
DATE:
REFERENCE:
Saied Naaseh, Planning Department
Beryl Yasinosky ~7
Senior Development Assistant
July 7, 1992
Tentative Trnct No. 25277, Amended No. 4.
1989
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 his assignee conforming to the TCSD Quimby Ordinance No. 460.93 as
follows:
1. Prior to recordation of the F'mal 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 land, 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 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
January 28, 1991
RFCF. IVED
JAN 2 9 1991
E,M,W,D.
Mr. Sam Martinez
County of Riverside
Department of Health
Post Office Box ]370
Riversides California 92502
Subject: Tentative Tract Pap 25277 - Supplemental SN~ 53 Information
Dear Mr. Nartinez:
This letter is in response to your request for Information describing Eastern
Municipal Water District's (EMWD) service responsibility to the subject project·
Please be informed that, according to our records, the subject project lies
outside the EMWD's service area. In order to be eligible for service by EMWO,
the subject property must annex to EMWD and Hetropolitan Water District of
Southern California (MWD) For information regarding annexations, please contact
the District's Customer S~rvtce Department at 714) ~66-1810.
Assuming the subject project is annexed into EHWD 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:
Average Daily Flow (ADF):
ADF - (lOS DU) (3,5 PERSONS/DU) (100 GPCD) - O.0368-HGD
Peak Daily Flow (PDF):
PDF - (2,5) (ADF) - 0,092 HGD
The project Is located within the service area of the Otstrtct's Rancho
California Regional Water Reclamation Facility (RCRWRF), located in
Temecula. _.
The RCRWRF presently has a treatment capacity of 5.0 MGD and an avirage
daily flow of 3.5 MGD. The RCRWRF is being expanded to 6.25 MGD.-
Availability of treatment capacity is dependent on the construction timing
of the subject project. '
Mail To: Post Office lSo, 8.~00 · San.;,dnxo. Calif,,aniJ V2.~B.~.I.SUO · Tclcl,hnnc (714) 925-7f~7(, · Fa.-. (714) ~,'?.'.7-1',2.'.?
Main Off,co: 2045 S. San Jacinto Street, San J~inm · customer ~nk~/Enlli~ting Am~x. 440 E Oakl. nd Avenue. Her..t.C.%
~IK. S~m t4artinez
-2-
January 26, 1991
TIme nearest available existing EMWD sanitary sewer pipeline to the subject
project is a 12-inch diameter pipeline located along Rainbow Canyon Road
at approximately Pechanga Creek.
The cunflgura~ion of an onsite gravity flow sewer system shall allow for
a connection in accordance with District standards to the existing sewer
UescribeO in Item No. 4 above. it is considered the responsibility uf
the developer to propose a plan of service that takes l'nto consider.atio,
the subject project grading plan, any tributary flow to the project site,
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 stde of Pechanga Creek for an approximate distance
a
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.~ combination of oravity flow and pressur~-d se~er
pipelines, and treatment and disposal facilities. The disposal of treated
wastewater will be accomplished by a combination of State approved
beneficial use and parcelorion 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 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,
H. A1
Director of Planning
.~'V'HAS:RN:lp
Cc: Joe Rlchards, Riverside County Planning Department
John Fricker, EMWD
90-3418
WO#: 91-325
7/P
ATTACHMENT NO. 5
PLANNING COMMISSION MINUTES
SEPTEMBER 21, 1992
S",STAFFRPT~5724CZ-4.CC I 8
PLANNING COMMISSION MINUTES
SEPTEMBER 21. 1992
Tentative Tract MaD No. 25277 and-ChanQe 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 Valley HO.A), 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 Gilberto and Pala Road and decrease in
property values.
Carol Poweli, 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 Giiberto are concerns.
~ PCMIN9121192
-7- ~123/g2
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 the City and the lack of demand for
additional homes. ' '
Rick Tepalin, 31381 Pahuta Street, Temecule (Wolf 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.
Miche!le Polley, 31234 Eona Circle, Temecula (Wolf Valley HOA), expressed opposition
based on the noise' and traffic volumes along Via Gilberto 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.
Bobbie Hinker, 31163 Lahontan, 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
PCMIN912 11g2
-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. 257-77
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 artached 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 21, 1992
S'~STAFFRFT\e724CZ4.CC I 9
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:
RECOMMFND 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:
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 47.7 acres.
LOCATION:
Southwesterly side of Pechanga Creek between Via Gilbert0 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
SURROUNDING
LAND USES:
North:
South:
East:
Wast:
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
8cres
8cras
8cres
8cres
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 lots.
On August 1, 1990 it was redesigned to 105 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 request, was heard by the Planning
Commission with e 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.
$~STAJ:RF~S724CZ.PC
Fk~edr~te~b~r 17.1ee2 2
3. Traffic, Access, and Signalization of Via Gilberto and Pala Road Bridge Timing.
4. Appropriateness of the Change of Zone.
5. Wildlife Corridor.
6. Buffering the 10 Acre Lots to the South.
7. Requirement of a Specific Plan 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
S%6TAFFIFT%S724CZ. PC
Revieed Sel~tm 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, 71,72, 80
62, 75, 79
: MaXimum:amount of vertical cut
in ·feet .to the 'highest elevation of
Number .': :the naturai:.'topography Within
;of Lots EeaCh 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 100 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.
S~STAFI:RPT'~5724,CZ.PC
Revieed Sel~tembe 17. 1992
4
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
i::~!~i~i~! ~:i!i Status of:Oak ......
Trees
Eliminated
No. of Trees ~ Mitigation Measures
4
Transplanted 36
Condition No. 19
Saved
257
Located Within Individual Lots
Located Within Open Space Lots
33
224
Access/Traffic
Primary access to the site is provided from Via Gilberto to Pala Road. Secondary access is
provided through the Quarry 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).
S~STAFFIFT%5724CZ.pC
Primary 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
Eduardo.
The increased traffic on Via Gilberto will warrant a 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 Nos. 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 tha
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 Quarry 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 Quarry 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 creak.
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 tha 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 1.20 days of the filing of the final map,
$~.ST~B724CZ.PC
~.d k,,,.,,~ 77. ~..~ 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 Querry 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 Querry property.
e
The applicant shall agree to not request or require the City to enter into condemnation
proceedings against the Querry 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 a 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 ).
$~.STAR:RFT~5724(2.PC
Revised S~memtw 17. 1992 7
Appropriateness 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 current 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, end
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
Padlay, 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.
S~ST~5724CZ.PC
Pavised Sel~tembe 17, 1992 6
Buffedng 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 Ran to Inducle the Querry Rroperty
The applicant has not prepared a Specific Plan for this project. The Querry property to the
east has filed for a tentative map which would have allowed a more comprehensive review
of these two projects if the Querry map was at the same stage of development review
process as Acacia. However, one of the benefits of the filing of the Querry 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 Plans 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 will 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
S~STAI:FFFT'%5724CZ. pC
Revised ~eptembe 17, 1092 9
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 a trail system which exceeds the minimum
requirements. The proposed density of this project is 2.01 dwelling units per acre which is
consistent with the maximum density of 2.0 dwelling units per 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 per acre. The site density is 2.01 dwelling units per 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.
SUMMARY/CONCLUSIONS
The proposed project has been red.signed 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 picnic areas will be installed in the open space areas to be used by
the public.
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 improvements to the original design.
FINDINGS
Change of Zone No. 5724
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-1 zone will be
consistent with the Low Density Residential Zoning District with a Planned
Development Overlay Zone.
e
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 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.
e
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 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).
e
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.
e
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.
S~.STAFr~S724CZ. 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
$1~I'AFFRFT~5724CZ.PC
Attachments:
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 1 - 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
~.STAR=RFT~5724CZ.I,C
Revi~ed S~l~tembe 17. 1~2 13
ATTACHMENT NO. 1
RESOLUTIONS
$~.STAFFFtPT%5724CZ. PC
ATTACHMENT NO. 1
RESOLUTION NO. 92-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TI31ECULA RF~OMMENDING APPROVAL
OF CHANGE OF ZONE NO. S724 TO CHANGE THE
ZONING FROM R-R TO R-1 AND R-~, AND TENTATIVE
TRACT MAP NO. 25277, AMENDMENT NO. 4 TO
SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE
FAMILY LOTS AND S 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 wen 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 PLANNING COMMtc. SION '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
SXSTAFFRPT%5724CZ. PC
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 slate hw and local ordinances.
B. The Rivehide County General Plan, as amended by the Southwest Area
Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecuh as
the General Plan for the southwest portion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the preparation of its General
Plan.
C. The Planning Commission in recommending approval of said applications makes
the following findings, to wit:
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 Slate 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 vicinity 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 Appwval
to reduce the impacts to a level of insignificance.
SITAFFRP~S724(2.PC
..,,rod s,.m..,,,b.. ,. '~.2 16
Tentative Tract Map No. 2~277
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 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 proposed density
of the project, 2.01 dwelling units per acre, is consiitent'with. the future General Plan Land Use
Designation of Low Density Residential.
2. There is not a lilzly probability of substantial detriment to, or interference
with the City's future General Plan, ff the proposed 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.
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 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.
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 Code. 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. Code Section 66474.6).
~STAFFRF~6724CZ.FC
nevia:; ~ ~7, 1002 17
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 3000 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 opponunitie~ 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.
F. As conditioned pursuant to Section 3, the Tract Map proposed is compatible with
the health, safety and welfare of the community.
Section 2. F-nvironmentnl 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. PASSED, APPROVED AND ADOPTED this 21st day of September, 1992.
LINDA FAHEY
CHAIRMAN
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 21st day of
September, 1992 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING CONINIISSIONP_,RS:
PLANI'M'ING CO1VIIVIISSIO~:
PLANNING COMMISSIONERS:
G~Y~ORNHIL
SECRETLY
S~STAFFFFT%5724CZ.PC
R,,,~.~ S,~.,,,, '~7. '~w~ 19
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 arid
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
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 I 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 applicant shall comply with the Rancho California Water District recommendations
outlined in the letter dated March 4, 1992, a copy of which is attached.
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:
Lots created by this subdivision shall be in conformance with the development
standards of the R-1 zone.
Graded but undeveloped land shell be maintained in a weed-free condition and
shall be either planted with interim landscaping or provided with other erosion
control measures as approved by the Director of Building and Safety.
The developer shall be responsible for maintenance and upkeep of all slopes, landscaped
areas and irrigation systems until such time as those operations are the responsibilities
of other parties as approved by the Planning Director.
Prior to 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
17.
Prior to the issuance of GRADING PERMITS, the following' conditions shall be satisfied:
Ae
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 shall be minimum double staked. Weaker and/or slow growing
trees shall be steel staked.
(10) All street trees shall be s 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.
$%STAFRFT%5724(2.PC
Revised September 17, 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
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.
Ce
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.
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 paleontdogist 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 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 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:
Ae
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.
$~TAFFRPT~5724CZ. PC
~ s......, ~7. ~.2 24
D. Oak tree preservation according to Condition No. 19.
19.
Ee
Grading on the open space lots shell be kept to a minimum to preserve the natural
state of the environment. This condition applies to lots 97, 99 and 100.
Fe
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 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) Erosion control shall be consistent with Ordinance No. 457.75.
(10) 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 arborlet/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
(2)
(3)
(4)
(5)
(6i
(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. All ground disturbances including grading
shall be prohibited outside construction envelopes.
Equipment storage and staging areas shall 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 conditions 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%STAFFRFT%S724CZ. PC
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-rink,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 dripline of any existing oak tree that has
not previously been irrigated, except as otherwise recommended by the
arborist.
(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 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,
S%STAFI:RPTt.5724CZ.PC
~- ~.~.d set.t. ~7. ~,~ 27
20.
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 oneire 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 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.
S~STAFFRPT%5724CZ. PC
Revised SeptenVoer 17. lee2 28 ""'
21.
22.
23.
24,
25,
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
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 prorider. Telephone, cable 'IV,
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 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 Thousend, 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
26.
27.
28.
29.
30.
31.
32.
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 her. in 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. 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.
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.
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
Mountain 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 final 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.
mSTAFFRP~S724CZ.PC
33.
The precise grading plan shall include the secondary access alignment through the Querry
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 recordstion 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 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 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
40.
41.
42.
43.
44.
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.
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.
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.
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.
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.
45.
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 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 Eduerdo 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 par 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 end 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 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.
3. ~
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 of a building permit.
Street names shell 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.
S~STAI:FlleT%5724CZ. PC
66.
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
recordation 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 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.
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 · trained and licensed biastar.
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.
He
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.
$~STAFFRPT%5724CZ.PC
80.
81.
82.
83.
84.
85¸.
PRIOR
86.
87.
88.
89.
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
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
S~STAF~5724CZ.PC
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. ,
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
90.
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.
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-sac 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 s registered
Civil Engineer.
94.
No occupancy shall be granted until the expansion, realignment or replacement of the Pals
Road Bridge over Temecula Creek has been completed.
TransDortation 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 Pals 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.
S%STAFFtqPT%5724CZ. PC
Re~,d S~enbe ~7. ~ge2 38 ""
Transportation Demand Management program will be required.
98.
99.
PRIOR
100.
PRIOR
101.
102.
103.
104.
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 RERMITS:
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.
S~STA~724CZ. I~
DEPARTMENT OF THE ARMYF'" E C E I V E D
Los A.GEL. O,S;;T',~:,O,~,,,. O,: E.G,.EE.S
LOS ANGELES CALIFORNIA IQ053-2325 ~
Harch '6, 1992 MI~ I 0 1cJ92
REPLYTO ~l,j~l~litl~&i~:)C~TES
A~NTI~OF: ~ICULA, CA92310
Office o~ ~e Ch~e~
Re~lato~ Branch
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
level'ing 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.
Enclosed you will find a permit application form and a
pamphlet that describes our regulato_ryprogram. If you have any
questions, please contact Roberty Smkth of my staff at (213) 894-
5606. Please refer to this letter in your reply.
Sincerely,
~/Chief, South Coast
Section
Enclosures
March 4, 1992
City of Temecula
Temecula Planning Deparunent
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 Williams
Manager of Engineering Services
LM:iacO~/FEG
lilllH.ho l'alih,-ni. ~Yal¢.r I)i~l,'it't
California Department of Fish and Game
~30 Golden Shore, Suite 50
Lona Beach, CA 90802
RECEIVED
/M R221992
/EMECULA CA
ADrit 20, 1992
Mr. Larr>/Markham
41750 Winchester Road, Suite N
Temecula, CA 92590
Dear- Mr. Markham:
I have reviewed the information which you provided on Tentative Tract
2.5277 and have the followinci comments. Based on our. discussions and
review of the information it aDDears that many of the Do_tenial imDact. s
to the streams and oak trees have been avoided. Also, the Plan could
result in an enhancement of the wildlife values within that tortion
PechanQa Cx'eek which r~u~s thPouc~h the Dro.iect site. At this time I do
not forsee an>/problems with the DeDart. ment's execution of a Streambed
Alteration Ac/reement for this Dro.}ect. As soon as the Dro.iect has
completed the re~]uired compliance with the California Environmental
{Dualit.>/Act. and you have an aDDroved plan you may request >/our
Streambed Alt. er-ation Ac~reement.. The orocessin,~ time for. a Streambed
Aiterat~on Aoreement ,s aDmroximatelv 30 da>/s fo~- when the Department
re.z'e~vee. a .2omDlete not. i f~cation tackdole.
If you have an>/auestzons Dieass call me at. (71~) 92~-2757.
incer~ly ·
~chae O~ust.~
Environmental S[ecialist III
l~ec~ x or'~ 5
STAE OF CALIF~NIA--THE RESOURCES AGEN~
DEPARTMENT OF FISH AND GAME
330 Golden Shore, Suite 50
Long Beach, California 90802
(213) 590-5113
PETE WILSON, G0~ernor
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 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,
Regional Manager
Region 5
cc:
Office of Planning and Research
Environmental Services Division
TO:
CITY OF TEMECULA
KI ¥ .F,A-, LIJ t.)t2 .IN J. X
IRE I)EPA._lt:I'MENT
AUGUST 4, 1992
ATTEN: PLANNING DEPARTMENT
RE: TRACT 25277
With respect to the review of the above referenced'project., The.
site was previously. designated Hazardous Fire Area by Riverside
County due to the limited access9 steep slopes and natural vege-
tation, The hazardous designation expired when the city incorpo-
rated, However9 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
cui-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 Gilberto Road,
The Fire Department ~ecommends the following fire
measures be provided in accordance with Temecula City
and/or 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 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 1000 GPM for 2 hours duration at20 PSI,
2, ADOlicant/developer shail furnish one copy of the water plans
to ~he Fire Department for review, Plans shall be signed be a
registered civil engineer~ containing a Fire Deoartment approval
signature block~ and shall conform to hydrant type: location~
s~acing and minimum fire flow, Once plans are signed by the local
water company~ the originals shall be presented to the Fire
Department for signature,
.1760 ilda Smam/Umslda, e---,A fiXIX
(7141 ZTS.477'7 * FAX C7141.16t.7451
TJ:ZZ L-.zr~v,.,mJ.J,DI
Tract 25277 Cont. Aug. 4, 1992
5. The required water system, including fire hydrants, shall be
installed and accepted by.the appropriate wager 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/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 questions regarding the meaning of conditions shall
ferred to the Planning and Engineering Staff.
be re--
RAYMOND H. REGIS
Chief Fire Department Planner
b~ichae1 E./~~~
Fire Captain Specialist
2
TEMECULA VALLEY
Unified Scheol District
6UPERINTENDENT
P:trlCil B, N~vomey, Ed.D.
BOAR,~ 01: -'_DUCATION
f3:. David Eur'c'
Joan F. ~,~irKman
B;tfDara TOoker
August 12, 1992
City of Temecula
43174 Business Perk Drive
Ternecula, CA 92590
Attention: Salad Naaseh
Re: Acacia Construction Tract Map 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 amount in effect at the time that
the building Dermit is applied for.
Thank you for your time and cooperation concerning this matter.
Very truly yours,
Temecula Vatley Unified School District
Lettie Boggs
Coordinator, Facilities Planning
31350 Rancho Vista Road .' Temecula, CA 92592 / (714) 676-2661
TO:
FROM:
DATE:
REFERENCE:
Saied Nnn._~h, Planning Department
Beryl Yasinosky ~y
Senior Development Assistant
July 7, 1992
Tentative Tract No. 25277, Amended No. 4.
The Temecula Community Services DeparUnent sUtff (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 his assignee conforming to the TCSD Quimby Ordinance No. 460.93 as
follows:
1. Prior to recordation of the F'mal 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 defmed as: Those slopes contiguous to public streets that
have a width of 66' or greater) and/or slopes contiguous with proposed recreational
trails, shah 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 shah be maintained by the
individual homeowners or an established Homeowner's Association (HOA).
3. AH proposed slopes, open space, park land, 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 aH proposed City Maintenance Areas shah be identified _on the
F'mal Map.
All questions regarding the meaning of the conditions shall be referred to the Temecula
Community Services Department.
Gary L. ICing, Development Services Administrator
Debbie Ubnoske, Senior Planner
]E:,.+jtcrrl ,/ unicipal
lV at er District
Mr. Sam Martinez
County of Riverside
Department of Health
Post Office Box 1370
Riverside, California 92502
danuary 28, 1991
Subject: Tentative Tract Map 25277 - Supplemental SAN 53 Information
Dear Mr. Marttnez:
This letter iS in response-to your request for InfOrmation describing Eastern
Municipal Hater District's (EMWD) service responsibility to the subject project.
Please be informed that, according to our records, the subject project ltes
outside the ERWD's service area. In order to be eligible for servtce bY EMWO,
the subject property must annex to EHWD and Netropolitan Hater District of
Southern California (MWD). For information re ardtng annexation please contact
the District's Customer Service Department at ~714) f66-1810. s,
Assuming the subject project is annexed into EMWD and MWD, toe following comments
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:
Average Daily Flow (ADF):
ADF = (105 DU) (3.5 PERSONS/DU) (100 GPCD) · 0.0368 HGD
Peak Daily Flow (PDF):
PDF · (2.5) (ADF) · 0,092 NGD
The project is located within the service area of the Distrtct'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 MGD. The RCRWRF is being expanded to 6.25 MGD.
Availability of treatment capacity is dependent on the construction timing
of the subject project.
Mail To: Post O!fice Bar 8.~00 · SanJ,dnto. Calilu, nia 92.a,8.&-I.1LK) · Talcphone (714) 92$-?,;76 · Fax f'Tii)
).lain CH'fmcc: 2N5 S. San Jaclmo Street, San Jacilxo · (~sRmnler Servke/Enllineerln8 Annex. 440 P C)akl~nd Avenue. Hen',:.:. C..,~
~Ir. Sam Harttnez
January 28, 1991
The nearest available existing ENWD sent,dry sewer pipeline to the subject
project is a 12-inch diameter plpeline located along Reinbov~ Canyon Ro~4
at approximately Pechanga Creek.
The configuration of an onsite gravity flow sewer system shall allow for
a connection in accordance with District standards to the ~xlStin~ sewe,-
described in Item No. 4 above. It is considered the responsibility uf
the developer to propose a plan of service that takes into consider.atton
the subject project grading plan, any tributary flow to the project site,
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
a
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 qravlty flow and presSUriT-d seWer
pipelines. and treatment and d{sposal facilities. The disposal of treated
wastewater will be accomplished by a combination of State approved
beneficial use and percola,ion 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 D1strict'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 Distrtct'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,
H. A1 Spence
Director of Planning
'u/HAS:RN:lp
Cc: Joe Richardst RiverSide County Planning Department
John Frtcker, EMWD
90-3418
WOI: 91-325
7/P
ATTACHMENT NO. 3
EXHIBITS
CITY OF TEMECULA
I
\\
CASE NO.:
EXHIBIT: A
P.C. DATE: September 21, 1992
Change of Zone No. ~724 & Tentative Tract Map No. 25:277, Amendment No. 4
VICINITY MAP
S%STAFFRPT%5724CZ.PC
Revised September 14, 1992
CITY OF TEMECULA
4
SITE
Designation: 2-.5 Dwelling Units Per Acre Resideatiai
ZONING - EXHIBIT C
Case No.:
P.C. Date:
RIIR
Designation: R-R
Change of Zone No. ~724 & Tentative Tract Map No. 2~277, Amendment No. 4
September 21, 1992
S%STAFFRPT%5724CZ.PC
ivied September 14, 1992
CITY OF TEMECULA
5n-,/
/
CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4
EXamIT: D TENTATIVE TRACT MAP NO. 25277, AMEND1VIF~NT NO. 4
P.C. DATE: September 21, 1992
S\STAFFRP'R5724CZ. pC
Revised Septefttber 14, 1992
CITY OF TEMECULA
.LLLjj.
,.i
CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 2~277, Amendment No. 4
EXHIBIT: E TENTATIVE TRACT MAP NO. 27473
P.C. DATE: September 21, 19~2
S%STAFFRPT%5724CZ,PC
Revised SeptN 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%STAFFRPTX5724CZ.PC
ivied Septeeqnber 14, 1992
CITY OF TEMECULA
, /
I / I \
GOLF
COURSE
REStlff, NT
II II Illill-Ill
I \ X X u ·
. , ,! ,,,,,,
Pt &l. iJ114-85 i
L,_._._A'!
· , \
R/
POllIT F :- T£NTATiV~ TRACT, MAplilT3
~ VACANT
~q/
VACANT / VACANT
/
VAC ANT
CASE NO.: Change of Zone No. 5724 & Tentative Tract Map No. 25277, Amendment No. 4
EXIIIRIT: G ZONE CHANGE NO. 5724
P.c. DATE: September 21, 1992
S\STAFFFIFT~,5724CZ. PC
Revised hisember 14, 1992
ATTACHMENT NO. 4
INITIAL STUDY
S~STAFFRP'Ft5724CZ.PC
Revise September 17. 1992 41
CITY OF TE1VIECULA
NEGATIVE DECLARATION
__ Proposext X Final
PROJECT:
APPLICANT:
LOCATION:
DESCRIFrION:
Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment
No. 4 (Acacia)
Acacia Construction
Located at the southweste~y side of Pechanga Creek between Via Gilberto and
the easterly side of Temecula Creek Inn Golf Course in the City of Temecula,
County of Riverside, California.
Approval of a change of zone from Rural Residential (R-R) to one Family
Dwellings (R-I) and approval of a subdivision to include 92 single family lots
and 5 open space lots proposed on 47.7 acres.
Based upon the information contained in the Initial Study prepared for this project, and pursuant to
the requirements of the California Environmental Quality Act (CEQA), it has been determined that
the above mentioned project will have no significant impact upon the environment. The City of
Temecula
X
City Council
Planning Commission
Planning Director
fmds that the project as proposed or revised will have no significant impact upon the environment, and
recommends that a Negative Declaration be adopted. The mitigation measures for this project are
contained in the Initial Study.
Prepared by:~ Saled Naaseh, Associate Planner
(Signature) (Name and Title)
Approved by: Gary Thornhill. Director of Planning
(Name and Title)
Negative Declaration Adoption Date: November 24, 1992
S\STAFFRPT\5724CZ.NEI9
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-l) 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
e
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 No
Unstable earth conditions or in changes geologic
substructures?
Disruptions, displacements, compaction, or
overcovering of the soil?
X
...x
Ce
Change in topography or ground surface'relief
features?
The destruction, covering or modification of any
unique geologic or physical featureS?
..x
X
Yes Mavbq No
ew
Any increase in wind or water erosion of soils,
either on or off the site?
f- Changes in siltation, deposition or erosion?
The modification of any wash, channel, creek,
river, or lake?
Exposure of people or property to geologic hazards
such as earthquakes, landslides, mudslides, ground
failure, liquefaction, or similar hazards?
Any development within an Alquist-Priolo Special
Studies Zone?
Air..Will the proposal result in:
Air emissions or deterioration of ambient air quality?
The creation of objectionable odors?
Alteration of air movement, temperature, or
moisture or any change in climate, whether
locally or regionally?
Water. Will the proposal result in:
Changes in currents, or the course or direction of
water movements, in either marine or fresh waters?
Changes in absorption rates, drainage patterns, or
the rate and amount of surface runoff?
c. Alterations to the course or flow of flood waters?
de
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?
Alteration of the direction or rate of flow of
ground waters?
.X
X
.X
.X
.'X
...×
$t,$TAFFRPT%5724CZ. pC
Revised September 17, 1992 43
Yes Maybe NO
he
Change in the quantity of ground waters, either
through direct additions, withdrawals, or through
interception of an 'aquifer by cuts or excavations?
Reduction in the amount of water otherwise
available for public water supplies?
Exposure of people or property to water related
hazards such as flooding?
Plant Life. Will the proposal result in:
ae
Change in the diversity of species,or number of
any native species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
X
X
X
X
de
6. Noise.
8.
S~STAFFRF~5724CZ.PC
Reveed September 17. 1992
b. Reduction of the numbers of any unique, rare,
threatened, or endangered species of plants?
c. 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?
Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers of
any species of animals (animals includes all land
animals, birds, reptiles, amphibians, fish, shellfish,
benthic organisms, and/or insects)?
b. Reduction of the numbers of any unique, rare,
threatened, or endangered species of animals?
c. The introduction of new wildlife species into
an area?
A barrier to the migration or movement of animals?
Deterioration to existing fish or wildlife habitat?
Will the proposal result in:
Increases in existing noise levels?
44
X
X
X
X
X
X
X
Yes M_9,y_b_q, No ~
9 ,
10.
11.
12.
b. Exposure of people to severe noise levels?
c. Exposure of People to severe vibrations?
Light 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:
ee
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:
ee
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)?
TIle use, storage, transport or disposal of any toxic
or hazardous materials (including, but not limited
to oil, pesticides, chemicals, or radiation)? .
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
S~,STAFFRF~5724 CZ. PC
Revised September 17. 1092 45
Yqs Maybe No
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 parking?
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
of new sources of energy?
X
X
X
X
X
X
X
X
X
X
X
X
X
S%,STAFFI:~5724CZ.PC
Revise September 17. 1992 46
Yes M,,M_J,.y_b~ No --~
16.
17.
18.
19.
Utilities. Will the Proposal result in a need for new systems,
or substantial alterations to any of the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water systems?
Sanitary sewer systems or septic tanks?
Storm water drainage systems?
Solid waste disposal systems?
ge
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:
ae
The creation of any health hazard or potential
health hazard?
The exposure of people to potential health
hazards, including the exposure of sensitive
receptors (such as schools and hospitals) to
toxic pollutant emissions?
Aesthetics. Will the proposal result in:
ae
The obstruction of any scenic vista or view open
to the public?
be
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
S~STAFFFe1~5724CZ. pC
Revi,,d S.ptenew 17, 1992 47
Yes Maybe No
20. Cultural Resources. Will the proposal result in:
The alteration or destruction of any paleontologic,
prehistoric, archaeological or historic; site?
X
be
Adverse physical or aesthetic effects to a
prehistoric or historic building, structure,
or object?
X
Ce
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
Earth
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, and 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~STAFFRF~5724CZ.PC
ReviMd Sel~tembe 17, 1992 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 and lowest points of the natural topography is
140 feet. Furthermore, the difference between 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 sil~e 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 sand 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 Pechanga 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, and 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 Geotechnical 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.
St. STAFFRFT%5724CZ.pC
Revised September 17. 1992 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 are 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
preliminar. y 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~STAFFRPT~5724CZ,PC
Revised September 17. 1992 50
3.g.
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. If 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 conditioned
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 Grassland 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; however, 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 Ana Ranges. The creek has
S%STAFFRPT%S724CZ.pC
Revised September 17, 1992
6.8.
6.b.c.
8.8.
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 redesigned 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 back-
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 property 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 Plan 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 impacts 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~STAFFRPT~5724CZ.PC
Revised Septerre 17, 1992 52
10.a.b.
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.
10.c.
11.
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.
12.
13.a.c.
13.b.
13.d.
13.e.
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%5724CZ.pC
Revised Selotembe 17, 1992
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 site. 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.
Ye~. The proposed project will have an impact on fire protection. Mitigation fee
of e400.00 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
$~STAFFRPT~5724CZ.PC
Revised September 17, 1992 54
16.a.b.
16.c.d.
16.e.
16.f.
16.g.
17.a.b.
18.a.b.c.
would be required during project operation, such as gasoline, natural gas, and
electricity. However, the proposed project would not result in the use of substantial
amounts of fuels or energy which are commercially abundant. No significant
impacts are anticipated.
Yes. 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.
Yes. 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 River.
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.
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
Revised Septembe 17, 1992 5 5
20.a .c .d.
20.b.
opportunities to the surrounding residents. Therefore, no significant 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 Bernardino 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%STAFFRFT~5724CZ.PC
~-- Revised September 17. 1992 56
IV MANDATORy FINDINGS OF SIGNIFICANCE
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?
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.)
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.)
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
Yes ~ ~No
_ 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
S~STAFFRP'~5724CZ. PC
Revised September 17, 1992
57
ENVIRONMENTAL DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a signi(icant 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
S\STAFFRPT~5724CZ,PC
Revised September 17, 1992 58
ATTACHMENT NO. 5
TABLE I
S%STAFFRPT%5724CZ.PC
Revise September 17. 1992 59
Lot #
1
2
3
4
5
6
7
8
9
10
._,11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
LOT BY LOT GRADING ANALYSIS FOR TRACT 25277
The mount of The amount of
Elevation Cut (C)/Fill (F) Cut (C)/Fill (F)
difference required for the required for the
Pad between the high high point to low point to
Lots high Lots low .elevation & low points of become the pad become the pad
point-feet point-feet feet the lot-feet elevation elevation
1060 1052 1072 8 12 F 20 F
1060 1052 1072 8 12 F 20 F
1060 1052 1072 8 12 F 20 F
1076 1060 1065 16 11 C 5 F
1076 1064 1065 12 11 C 1 F
1072 1060 1063 12 9 C 3 F
1060 1056 1061 4 1 F 5 F
1060 1056 1060 4 0 4 F
1060 1056 1059 4 1 C 3 F
1056 1052 1058 4 2 F 6 F
1052 1048 1056 4 4 F 8 F
1052 1044 1055 8 3 F 11 F
1048 1044 1053 4 5 F 9 F
1048 1044 1051 4 3 F 7 F
1048 1044 1049 4 1 F 5 F
1048 1044 1048 4 0 4 F
1048 1044 1048 4 0 4 F
1048 1048 1048 0 0 0
1048 1040 1049 8 1 F 9 F
1046 1040 1049 6 3 F 9 F
1046 1040 1049 6 3 F 9 F
1044 1044 1049 0 5 F 5 F
1046 1046 ' 1050 0 4 F 4 F
1044 1044 1050 0 6 F 6 F
1044 1044 1050 0 6 F 6 F
S\STAFFRFF~5277. FRM
The amount of The amount of
Elevation Cut (C)/Fill (F) Cut (C)/F~I (F)
difference required for the required for the
Pad between the high high point to low point to
Lots high Lots low ~evation & low points of become the pad become the pad
Lot # point-feet point-feet feet the lot-feet elevation elevation
26 1048 1046 1052 2 6 F 4 F
27 1048 1048 1052 0 4 F 4 F
28 1049 1049 1053 0 4 F 4 F
29 1050 1050 1054 0 4 F 4 F
30 1052 1052 1056 0 4 F 4 F
31 1052 1052 1058 0 6 F 6 F
32 1056 1056 1060 0 4 F 4 F
33 1060 1060 1064 0 4 F 4 F
34 1064 1060 1068 4 4 F 8 F
35 1076 1064 1073 12 3 C 9 F
36 1096 1076 1088 20 8 C 12 F
37 1096 1084 1084 12 12 C 0
38 1084 1076 1080 8 4 C 4 F
39 1076 1068 1076 8 0 8 F
40 1072 1060 1072 12 0 12 F
41 1060 1056 1064 4 4 F 8 F
42 1056 1056 1057 0 1F 1F
43 1056 1056 1056 0 0 0
44 1052 1052 1055 0 3 F 3 F
45 1050 1050 1054 0 4 F 4 F
46 1049 1048 1052 1 3 F 4 F
47 1049 1048 1054 1 5 F 6 F
48 1050 1050 1056 0 6 F 6 F
49 1052 1052 1062 0 10 F 10 F
50 1056 1056 1066 0 10 F 10 F
51 1056 1056 1073 0 17 F 17 F
52 1060 1056 1073 4 13 F 17 F
$XSTAFFRPTX252~.FRM
Pad
Lots high Lots low elevation
Lot # pointfeet 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 1136 1104 1120
65 1144 1116 1123
66 1148 1136 1130
67 1152 1120 1134
68 1152 1128 1142
69 1152 1132 1127
70 1148 1128 1119
71 1144 1122 1115
72 1136 1096 1110
73 1132 1108 1108
74 1132 1100 1110
75 1144 1108 1112
76 1144 1140 1128
77 1144 1128 1130
78 1136 1128 1132
9 1132 1104 1098
h
S~STAFFR~252~.FRM
The mount of The amount of
Elevation Cut (C)/Fill (F) Cut (C)/F~I (F)
difference requked for the required for the
b~ween the high high point to low point to
& low points of become the pad become the pad
the lot-fe~ elev~ion elevation
4 14 F 18 F
4 14 F 18 F
0 16 F 16 F
8 4 F 12 F
16 6 C 10 F
24 13 C 11F
28 16 C 12 F
20 18 C 2 F
24 22 C 2 F
40 34 C 6 F
36 26 C 10 F
32 16 C 16 F
28 21C 7 F
12 18 C 6 C
32 18 C 14 F
24 10 C 14 F
20 25 C 5 C
20 29 C 9 C
22 29 C 7 C
40 26 C 14 F
24 24 C 0
32 22 C 10 F
36 32 C 4 F
4 16 C 12 C
16 14 C 2 F
8 4 C 4 F
28 34 C 6 C
Pad
Lots high Lots low elevation
Lot # point-feet point-feet feet
80 1120 1100 1090
81 1108 1092 1084
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 amount of
Cut (C)/Fill (F)
required for the
high point to
become the pad
elevation
30 C
24 C
24 C
14 C
3F
2C
2F
8C
14 C
llC
9C
20 C
18C
8C
10 C
10 C
4C
4
2
6
'6
6
4
The amount of
Cut (C)/Fill (F)
required for the-',
low point to
become the pad
elevation
10 C
8C
8F
14F
llF
2F
6F
0
2F
1F
1C
C
C
C
C
C
F
S\STAFFRPTX25277. FRM
ATTACHMENT NO. 6
CORRESPONDENCE
S~STAFFRF~5724CZ.PC
--- ReviNd S~teN~ ~7. ~992 60
RECE!V r), J U L 2 4 19S2
:/V[ O UNTAIN LION. Fo UN DATI ON
PO. Box 1896 · SACRAMENTO, CA 95812 916-4J,2:2666
BOARD OF DIRECTORS'
Hon. William Newsam
presK;lent
RoDDi JoseDh Hurwitz
vice Pres~ent
Bill Yeates
Secretary
ScOff HennessV
Treasurer
Gini Barret~
. Ilse BVrnes
Don Dianda
Steve Pratt
Dani Rosensteel
Ann Mar.~ Shanks
John Taft
susan de Treville
M~rgaret Owings 'ent Ementus
EXECUTIVE DIRECTOR
Mark J. ,Palmet
HONORARY BOARD
,?ooert Batem an
5 yDll BtonO
Dor~s Day
.on FreO Parr
Mr & Mrs Go~on P Gem/
Marlan He~sl~elt
Barn, LODeZ
Peter Morthessen
,?de McCtonanon
Dr RODeft Orr
,?ussetl Peterson
Norrtor~el P Reed
Dr George Scf~Ner
Wallace Slegner
Chnsr#ne Srevens
Mrs James Stewoff
Hen Russell Train
A Non Profit
Tax DeductiDle -
,C"" 'r'.zation.
Mr. Saied Naaseh,-Associate
City of Temecula
43174 Business'Park Dr.
'Temecula, CA 92590
July 20, 1992
Planner
· FOR THE HEARING RECORD, AUGUST 3, 1992
ACACIA HOMES' DEVELOPMENT
City of Temecula;.Planning Commission
Dear Mr. Naaseh:'
The Mountain Lion Poundation is very
concerned about 'the loss of habitat and'movement
corridors ("hab'itat linkages") 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 Preservina Cougar
Country for land-use managers. A copy of our
petition to list the Santa Ana 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 Creek wildlife
corridor and mountain lion data from Dr.. Paul
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 is prepared.
Relative to the proposal before the City of
Temecula Planning Commission for the Aca'cia 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 Wildlife Service on the
status of the mountain lion in the Santa Ana
Mountains'of southern California, this population
is virtually isolated from. surrounding lion'
populations. If completely isolated, over time we
anticipate that. the population would-go extinct
due to inbreedingproblems and a general decline
in .the population.
The.only viable wildlife corridor that could
be used (or'is now being used) is'through Pechanga
Creek, linking the Santa Ana Mountains with the
Palomar Range. Other potential corridors pose
serious barriersto the movement of mountain
lions, according to Dr-. PaullBeier, who is
conducting the Orange County Mountain Lion Survey
on behalf of the Univ~rs'ity of California and'the
Department.of Fish and Game.
'Not only iS the Pechanga Creek Wildlife
corridor important for mountain lions~ other
wildlife and'plant species benefit from
uninterrupted corridors that link Populations,
Preventing inbreeding and other disasters that may
cause species extinction in the long run.
From a planning standpoint, it is important
to preserve 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, if 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 areno
viable alternatives !for ProteCting the .Population.
Listing would impede 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 wildlife corridor is important
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 Palomar Range and
the Santa Ana Mountains. Certainly,.these
Provisions for enhancing the wildlife corridor
must be. included in any development Proposal like
the Acacia Homes Development.
AlSo, since mountain.lions~are secretive and
generally shy animalS, the wildlife corridor could
be used for open. 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 these potential conflicts
and ensure that the ~ildlife corridor is an 'asset
to the community.
We have recommenaed 'that the City of
Temecula,~during the General Plan process, engage
in a Coordinated Resource Management Plan process
(CRMP) with other state and federal agencies,
including.county land-use agencies, ~he U.S.
Forest Service, the Department of Fish and Game,
and. U.S. Fish and Wildlife Service. ThrOugh the
CRMP process, all relavent 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 throughoutlits'
length instead of on a piece-meal.basis. .Experts
like Dr."Paul Beier and other interested
organizations, like the National Audubon Society,
Sierra Club, Nature Conservancy, and the Mountain
Lion Foundation, can' also 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
uorridor.. 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.until ~he General Plan for the City of
Temecula is approved;
(2) Use the General Plan process to provide
long-term protection to the Pechanga Creek
wildlife corridor, with partiCUlar emphasis on
maintaining and enhancing ~the corridor for use by
mountain lions. while discouraging conflicts for
the surrounding developed. areas;
(3) Work with other state, federal and
nonprofit conservation agencies to coordinate
efforts to protect the mountain lions and the-
Pechanga Creek wildli~e 'corridor in. perpetuity;
.(4) Consult with Dr. Paul Beier and other
mountain lion and wildlife 'experts on the most
viable means.to enhance the Pechanga 'Creek'
wildlife corridor for useby mountain lions and
other wildlife;~and
(5) Keep the Mountain Lion
- Foundation
informed of your actions on the Acacia Homes
Development and the Pechanga Creek wildlife
corridor.
]Should the Planning CommissiOn wish to
proceed with the Acacia Homes"Development at this
time, the Mountain Lion Foundationsfeels 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 views'
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.
Sincerelyyours,'
Mark J. Palmer,
Conservation Director/CEO
ENCLOSURES
MOUNTAIN-LION FOUNDATION
RO. Box 1896 · SACRAMENTO, CA 95812 916-442-2666
BOARD OF DIRECTOR5
Hon. William Newsore ·
PresiCent
Rabbi Joseph Hurwitz
vice FresK:~ent
Bill Yeafes
Secretorv
Scott Hennessy
TfeQsurer
gini Barre~
Ilse BVrnes
Don Dianda
Sfeve Pratt
Dqni Rosensteel
Ann Mare Shanks
John Taft
Susan de Treville
Ma aret C)wings
l:~'~ ,~t Ementus
EXECUTIVE DIRECTOR
Mark J. Pairher
HONORARY BOARD
Rol3ert Bateman
M~cl~oel Blal<e
Doris
HOn. freC Fort
Mr & Mrs GotCon P Getty
Mcr;cn
8crry CoDez
Peter Mottr~essen
Rue McCiononcln
D~ RoDeft
Russeft Peterson
Natl'}ar~el P Reed
Waitace 5tegnef
ChnStlrle Ste~el~s
Mr~ James Stewart
Hon. Russell Train
A Non Profit
Tax Deductible
OrP--~zation.
July 20, 1992
Mr. John.Meyer
City of Temecula
43174 Busines~ Park Dr.
Temecula, CA 92590
CITY OF TBMECUIa GENERAL PLAN'
Deer Mr. Meyer:
The Mountain Lion Foundation is deeply
concerned about the future of the mountai~ lion in
California. In particular, We have been active.in
seeking protection for habitat for mountain lions
and other wildlife.
The Mountain Lion Foundation was a major'
sponsor .of Proposition 117 ("The Mountain Lion
Initiative"), passed by California-voters in June
1990. Pro. position 117 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 And Mountains
population of mountain lions as endangered under
the provisions of the federal Endangered Species
Act. A copy of the petition is enclosed'for your
information. Also enclosed is a copy of our guide
for local landuse 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
important wildlife corridor that can serve to
allow movement of mountain lions between.the'Santa
Ana Mountains and the Palomar Range.
Without thi~ habitat link, the Santa And
Mountains population would be isolated and
Recyclecl paper
'Temecula.
expected to die out due'to inbreeding and related.
population deterioration over time.
Therefore, the Mountain Lion Foundation urges
the City of Temeculato include Protections for
this wildlife corridor in 'the city General Plan.
Movements for'mountain lions and other wildlife
must be planned.in a~va~ce, both the protect and
preserve our wildlife heritage and to minimize the
conflict between'development and wildlife needs.
Please addthe Mountain Lion Foundation to
Yourlist 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 mountain li0n involves
other jurisdictionsbesidesthe City of 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 coordination'to
address resource issues, like wildlife
Preservation, and will help spread the burden of
planning and responsibility among several
government agencies instead of solely the City of
Thank you for your consideration of our
comments.
ENCLOSURES
Sincerely yours,
Mark J. Palmer,
Conservation Director/CEO
-- ".. .t-' ELK V E t.) U R .g LATEAU
John Meyer, Senior Planner
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
ripadan 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., #401
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 I O 1992
Im'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
A~jgdst 25, 1992
RECEIVED
AUG 2 8 1992
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
Initial 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 divert 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
President
Mailing address:
1422 N. Sweetzer Ave., #401
Los Angeles, CA 90069-1528
City Council
John Meyer, Senior Planner
Friends of the Santa Margarita River
P.O. Box 923 Fallbrook, CA 92088
August 31, 1992
RECEIVED
Ctn, OF rU F. CUU
Mr. Saied Naaseh
City of Temeeula Planning Department
43174 Business Park Drive
Temecula CA 92590
Rc:
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.
After a very, careful review of the above document we find we must disagree with its conclusion,
that a negative declaration is sufficient for this project, and advise that a complete E.I.R. be
undertaken. Although the scope of this project may seem small the impact of the cumulative effect
of all possible projects along the tributaries of the Santa Margarita is far from insignificant.
Historical!}' the Santa Margarita was a year round river supporting an indigenous population of
steelhead. 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 be restored to its pristine historical
condition the developer and the City of Tcmecula have a responsibility to those downstream to
protect these waters from further degradation and whenever possible improve the quality of waters
discharged into the Santa Margarita and its tributaries.
1 .f. - "Changes in siltation, deposition and erosion... since the site will be covered with
concrete, asphalt and landscaping .... this impact is not considered significant since drainage
facilities will direct the storm water into Pechanga Creek and ultimately to the Santa Margarita
River."
How much additional stom~ water run off will be generated through paving how many acres with
asphalt and concrete? How much additional water added to irrigate landscape plants? What is the
quality of this water? The TDS, the mount of added Phosphate and Nitrate fertilizers and
pesticicles? None of these issues have been quantified.
1 .g. - "The project will cause modification of the Pechanga Creek by filling the creek bed.. No
significant impacts are anticipated since the creek will still be able to carry the IO0 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 pro. frects x3fthis 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 Temecula and Mumeta
Creeks. Urban development with its houses, concrete and asphalt paving in the Santa Margarita
watershed has increased rainfall runoff 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 Mumeta 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 Greenbelt Environment (U.R.G.E.) was
awarded an urban streams $50,000 grant to promote a river greenbelt through the City of
Tcmecula. To allow projects such as the Acacia Homes to channelize "insignificant" portions of the
tributary creeks is directly in opposition to the stated purpose of this grant which is to beautify and
promote public uses of Temecula's river corridors. Continued acceptance of projects of this type
will eliminate any possibility of avoiding a concrete channel through Oldtown. The City of
Temecuia 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
watershed is prepared.
3.e. - "Runoff pollutonts will be typical of those of urbanized areas... and will be mitigated by the
clearance issued by the State Water Resources Control Board" This clearance will insure
compliance with NPDES. "
What are these conditions? According to the E.P.A. urban runoff, with its increased phosphates
and nitrates, has resulted in a 60% algae gro%%~ on the surface and bottom of the Santa Margarita
River and significant degradation of the estuary at Camp Pendleton, a condition they feel is
unacceptable for the many rare and endangered species that rely on these waters. The developer
and the City of Temecula should not defer responsibility to state and federal agencies whose
inability to sufficiently review all projects has allowed the quality of the river and its estuary to
degrade to their present conditions.
5. a. "Will the proposal result in changes in diversity 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 altered water quality on downstream species.
IV - 1 "Does the project have the potenaal to degrade the quality of the environment?"
Yes. Without specific plans to catch and treat "tim flush" pollutants, and retention basins to
allow for percolation 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 may 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 Temecula to protect the quality of the water
discharged into the river for those downstream users, which includes the community of Fallbrook
as well as the U.S. Marine base at Camp Pendleton.
This application for tract approval and a negativc dcclaration relies upon thc 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
are insignificant. It is the responsibility ofthc dcvcloper to quantify thesc conccrns 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 city 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 directly with water concerns, however, it is paramount to the continued
usefulness of the planned wildlife corridor. Is them a CC&R regulating light sources within this
development? If not, owners concerned about perceived dangerous wildlife are free to install
wildlife disrupting 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.
We would 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 watershed.
Sincerely,
Nancy 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 3, 1 1992
CITY OF TEMECULA
ATTACHMENT NO. 7
WHAT TO DO IF YOU ENCOUNTER A MOUNTAIN LION
AN ENCOUNTER OCCURS,
HERE ARE SOMI~ TIPS:
DON'T RUN! '
Don't crouch down; the lion has seen you long before you saw it.
Hold your Found, 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 DETAIl,, to the City of Temecula
Community Services Department as soon as possible.
StP~(~MOIYNTAff, I.LON ~
ATTACHMENT NO. 8
OAK TREE INFORMATION
S~STAI:FRPT%5724CZ.PC
If you're lucky enough .to have a big oak tree
How many atom houses have be~n designsd to f~atur~ a nativ~
oak, only to have the trce die a few yean later? And how many
d~velopments named for a stand of oaks have any (or mot~ than
a small handful) of the original tr~es r~naalning?
Her~ are some facts of life about coexisting with nativ~ oaks.
(For more on kceping native oaks healthy, g pa~ 190.)
Oaks are highly adaptable. An acorn may tab toot on n dry
hillside. n~xt to a er~k,/n a lawn, or in a ~ Individual
adapt to sps~i~c conditions. But onco they adapt, survive,, and
mature, their environmental toleran~ b~znne increasingly
narrow. Dry-season irrigation of a tree that's bm~ome accus-
tamed m a century of dry summers can actually cause its death.
If yam mattst cA~mft sell levi tarowad a
oak. use retaining walls to minimize ~otl
movement an~ preserve orilinal Irade
root zone, the Fade is alterre:!. Excavation potentially destroys
or damages roots; adding soil reduces the amount of air cirou-
lating in t,he coil and can 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, t~move grass, leaves, and other
maturing that may form an air-and-water barrier. To aid air
circulation, use ~ineh-diameter plastic drainage pipes on the
original soil surface. Set them so they radiate out from the
trunk, then rising to the now soil level near the tr~'s drip line.
Use only porous topsoil as fill around tr~s, and he sure it slo!M:s
away from the trunk
TreatAlma, The need for this familiar construction process is
often taken for granted. But under an oak's canopy, it can
destroy a major portion of the tr~e's mats.
'l"hg best alternative to trenching is to bore through the soil.
(Boring will contact and damage some roou--but fewer than
trenching will.) Then install a oonduit pips large enough for all
servk:es--water, electricity, whatever.
If boring is not possible, dig only one trench and u~ a single
oonduit for all serv/c~s. (It's not uncommon for each contractor
to dig his own trench, multiplying the damage to the try.)
Pawtag, Coyfling fig sou with any nonpmmu material blocks
the circulation of air and water. Instend, pave with brick on a
hed of and. You can also cover the am with rock, gravel, or
mulch. AJly material that allows movement of air and water
into the soil is acceptable,.
Decking, Use large beams and few support piers to minimize
digging. in situations where there will be a lot of foot eraaRc
around the root zone, it's better to install an appropriately
constructed dm:k than to do nothing. The decking k~'ps soii-
rompacting footsteps off the root zone.
Kcep in mind that native oaks dic slowly. it might take a decade
or linger for an old trce to die after enduring construction
around its bag. A success story based on one tree's survival for
five years or so doeen't prove much.
The most vulnerable parts of a mature oak are the root zone and
the basc of the trunk. A native oak develops a dcep taproot urly
in iu life,; later, the most important roots are relatively shallow,
within the top 3 feet of soil.
Figure that an oak's roots extend at least several yards beyond
the outermost edge of the tr~'s foliage. Ideally, you should keep
this entire aru free of disturbance. This menns no grading,
digging, trenching, paving, landscaping, or summer irrigation;
no construction equipment near, not ~v~n much foot traffic.
If you compromise, auum¢ that the tr~'s long-term survival is
at some risk. But you can still pregrve the root-zone area in as
natural a condition as po~ible. Keep ground disturbanc~ to a
minimum, and keep them as far from the trunk as you can.
Preeautiosu to take when yon build around a native oak
A mature tree i~ adapted to a specific balance of moisture, air,
moil temperature. and nutrients. A change in any on~ factor can
upset the balance and cause the tr~e to decline or even die.
There is no one gcncral rule. The age, size, spcciu, Jocation, and
health of the individual tree all figure in that tr~'s ability to
tolerate change.
Here arc eon~ of the communest onnstruction-relatmd ¢hai-
leagas to native oaks, and some way~ to minimize the damage-
(~rmde titantea- Any time you add or remove soil from an onk's
M~aMAIM A.PLATII
ATTACHMENT NO. 7
DEVELOPMENT FEE CHECKLIST
S~,STAFFFI:q'~S724CZ.-4.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
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 AoDroval
Condition No. 17.D.
Condition No. 11
Condition No. 89
Condition No. 53
Condition No. 20
Condition No. 9
Condition No. 83
$%STAFFRPT'~5724CZ4.CC 2 1
ITEM NO. 12
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
CiTY OF TEMECULA
AGENDA REPORT
City Manager/City Council
FROM:
City Attorney
DATE:
November 24, 1992
SUBJECT:
Resolution of Denial - PUP No. 5 ~ New Community Lutheran Church
RECOMMENDATION:
Adopt a resolution entitled:
RESOLUTION NO. 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING
APPEAL NO. 27 AND UPHOLDING THE PLANNING COMMISSION'S DECISION
TO DENY PUBLIC USE PERMIT NO. 5 TO ALLOW CONSTRUCTION OF A
WORSHIP CENTER AND A SUNDAY SCHOOL LOCATED ON THE SOUTHEAST
CORNER OF YNEZ ROAD AND SANTIAGO ROAD
BACKGROUND: At the City Council meeting of November 10, 1992, Council directed
staff to prepare a resolution, including the necessary findings, denying Public Use Permit No.
5 and upholding the Planning Commission decision. The attached resolution addresses the
Council's findings in Sections 1 and 2.
FISCAL IMPACT: None
ATTACHMENTS: Resolution No. 92- (Denying Appeal No. 27')
SFF:jsg
ATTACHMENT NO. 1
RESOLUTION NO. 92-
A liESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DENYING APPEAL NO. 27 AND
UPHOLDING THE PLANNING COMM[qSION'S DECISION
TO DENY PUBLIC USE PERMIT NO. 5 TO ALLOW
CONSTRUCTION OF A WORSHIP CENTER AND A
SUNDAY SCHOOL LOCATED ON THE SOUTHEAST
CORNER OF YNEZ ROAD AND SANTIAGO ROAD.
WHEREAS, in accordance with the Riverside County Land Use, Zoning, Planning and
Subdivision Ordinances, which the City has adopted by reference, the New Community Lutheran
Church filed Public Use Permit No. 5, proposing construction of a Worship Center and a
Sunday School located at the southeasterly comer of Ynez Road and Santiago Road;
WHEREAS, the proposed project is the fn'st phase of a multi-phase development. 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 preschool with 100 students, a day school
with Kindergarten through eighth grade plus related administration and storage space, a
gymnasium and a total of 229 parking spaces including the 86 spaces in the first phase;
WHEREAS, the proposed project is located in the Los Ranchitos neighborhood which
is a unique, semi-rural area of the City, comprised of large lot residences, streets without
sidewalks or sweet lighting, horse trails and equestrian facilities;
WHEREAS, 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
and that its decision be consistent with the General Plan if certain findings are made;
WHEREAS, pursuant to Section 18.29 of Riverside County Ordinance No. 348, a public
use permit must be denied unless the applicant demonstrates that the proposed use will not be
detrimental to the health, safety or general welfare of the community;
WHEREAS, the Planning Commission conducted a public hearing pertaining to said
Public Use Permit on September 21, 1992, at which time interested persons had opportunity to
testify with either in support or opposition to said Public Use Permit and;
WHEREAS, at the conclusion of the Commission hearing and after having considered
all information presented, the Planning Commission denied said Public Use Permit;
WI~REAS, the New Community Lutheran Church filed Appeal No. 27;
WHEREAS, said Appeal application was processed in the time and manner prescribed
by State and local law;
and
WlIF_,REAS, the City Council received a copy of the Staff Report regarding the Appeal;
WRF. REAS, the City Council conducted a pi~blie 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Fmdin~. The Temecula City Council hereby denies Appeal No. 27
based upon the following findings:
A. The appellant has failed to demonstrate the proposed project, including .the future
phases, will not be detrimental to the health, safety and general welfare of the community.
B. The General Plan proposal being considered designates the subject property as
Very Low Density Residential (2.2 - 2.4 dwelling units per acre). The traffic impacts and non-
residential intensity of development of the project (i.e., bulk of the buildings, parking areas,
lighting, noise, etc.) will likely be inconsistent with to the land use element of the proposed
General Plan.
C. The proposed project, including the future phases, is not a proper use for the area
because it will negatively impact traffic in the area as compared to the traffic impacts of
developing the property are Very Low Density Residential.
D. The intensity of development of the proposed project, including the future phases,
is incompatible with the surrounding Los Ranchitos neighborhood.
E. The proposed project, including the future phases, will' result in 'negative traffic
impacts due to the cumulative number of non-residentiaYpublic uses in the immediate area.
Section 2. lr. nvironmental Compliance. The City of Temecula City Council
hereby denies certification of the Negative Declaration. The City Council further finds that the
Initial Study for the pwject failed to address the project broadly enough to analyze the impacts
resulting from future expansion of the project. For example, the Ixaffic analysis failed to address
the cumulative impacts of the future phases of the project.
I:~mwm~3M 2 ~'~
The City Clerk shall certify to the passage and adoption of this
Section 3.
Resolution.
PASSED, APPROVED AND ADOPTEr}, by the City Council of the City of Temecula
at a regular meeting held on the 24th day of November, 1992.
Patricia H. Birdsall, Mayor
ATTEST:
June S. Greek
City Clerk
[SEAL]
STATE OF CALIPORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA
SS
I, June S. Greek, City Clerk of the City of Temeeula, California, do hereby certify that
Resolution No. 92- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 241h day of November, 1992, by the
following vote:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ITEM NO. 13
TO:
FROM:
DATE:
SUBJECT:
APPRO~
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Planning
November 24, 1992
Temporary Signs in Old Town Historic District
PREPARED BY:
David W. Hogan, Associate Planner
RECOMMENDATION:
It is requested that the City Council provide direction to City
Staff on the implementation of temporary sign regulations in the
Old Town Temecula Historic District.
BACKGROUND:
Temporary sign regulations for Old Town were included in the Ordinance Regulating
Temporary Signs. According to Ordinance in 578, all structures and signs in Old Town also
need to conform to the requirements of Ordinance 578. In effect since 1980, Ordinance 578
established the Old Town Local Review Board and is intended to maintain the historic
character of Old Town. The Ordinance Regulating Temporary Signs included a provision to
address the need for consistency between the Historic Preservation District and Temporary
Sign Ordinances. The City Council has provided direction to Staff to include provisions in the
Temporary Sign Ordinance to delay enforcement of the temporary signs on private property
for six-months.
DISCUSSION:
As with temporary signs citywide, no enforcement activities were conducted in Old Town
during the past year. Staff has analyzed the historic consistency provisions of Ordinance 578,
considered the instructions provided by the City Council concerning the enforcement of
temporary sign regulations citywide, and is requesting addition direction from the City Council
concerning the enforcement of temporary signs in Old Town. Based upon this analysis of
these ordinances and the Council's previous direction, there appear to be three alternatives
to address this issues. The alternatives for addressing the issue of historic consistency and
temporary signs in Old Town Temecula are as follows:
Six-Month Moratorium; discontinue the enforcement of the historic consistency'
provisions of Ordinance 578 for temporary signs in Old Town for a six month period.
Continue to enforce Ordinance 578; by requiring that all temporary signs in Old Town
be reviewed and approved by the Local Review Board prior to their use, while
grandfathering temporary signs on private property in Old Town in a manner consistent
with the Ordinance Regulating Temporary Signs.
SIGNCOIdM~OT11VI~GN.AR
Ce
Continue to enforce Ordinance 578 and enforce the provisions of the Ordinance
Regulating Temporary Signs; by amending Section 5 of the proposed Ordinance to
remove the grandfather provisions for temporary signs in Old Town, and by
implementing the provisions of the Ordinance Regulating Temporary Signs in the Old
Town Area.
CONCLUSION:
It is the opinion of City Staff that Alternative A, the six month moratorium on the enforcement
of the historic consistency provisions as they relate to temporary signs on private property in
Old Town Temecula is consistent with prior Council direction, and is the best alternative in
this situation. The moratorium period will enable the Local Review Board and City Staff to
finalize guidelines for temporary signage in Old Town, pursuant to the provisions of Section
19.10(B) of the proposed Ordinance Regulating Temporary Signs, will enable the consultant
preparing the Specific Plan to address temporary signage in Old Town as part of the design
guidelines in the Old Town Specific Plan, and will treat temporary signs in Old Town the same
as they are being addressed citywide.
RECOMMENDATION:
Staff recommends that the City Council provide additional direction on the issue of temporary
signs in Old Town and instruct Staff to implement Alternative A; the six-month moratorium
on the enforcement of the Ordinance Regulating Temporary Signs in Old Town.
SIGNCOMM~OTTMPSGN.AR 2
ITEM NO. 14
APPROVAL
CITY ATTORNEY
FINANCE OFFICER ~?]d
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Planning Department
December 8, 1992
Temecula Film Commission
PREPARED BY:
Debbie Ubnoske; Senior Planner
RECOMMENDATION:
Direct staff to create an Ordinance establishing an application
procedure and associated fee.
BACKGROUND
'Recently, the Temecula Film Commission was established for the purpose of soliciting
business from the film/television/video industry and providing liaison services between the
local government, the community, and production companies. The Film Commission is
currently comprised of volunteers whose job it is to serve as a clearinghouse for marketing
coordination and location guidance to producers and production companies.
Staff recommends the City assist the Temecula Film Commission by creating an application
and procedure which will ensure timely processing of applications, as well as adopting a
minimal fee.
Currently, persons Wishing to film in the City for profit would be required to file for a Minor
Outdoor Event permit. Staff suggests that a new application be created that would
specifically address the unique issues of the film business. Additionally, it has been suggested
by the City Manager that a fee similar to the City's business license fee ($35.00) be adopted.
FISCAL IMPACT
A number of states have established film commissions to enable them to attract the
film/television/video industry. The Utah State Film Commission reported $20,248,000 was
spent on Utah goods and services by out-of-state production companies during the fiscal year
1989-1990. The San Diego Motion Picture and Television Bureau reported for the fiscal year
1990-1991, total dollars spent in San Diego amounted to $11,000,269. They also reported
over 3,000 local people were employed. The Phoenix Motion Picture Coordinating office
reported for fiscal year 1990-1991, an estimated $16.8 million dollars was brought into the
local economy.
It is not known, at this time, what the fiscal impact will be to the City of Temecula.
SU'tN~"O~._MCOMM. CC I
Attachments:
A. Economic Impact of Film Commissions in Other Cities - Page 3
B. San Diego Motion Picture and Television Bureau - Economic Impact Report - Page 4
S'tFq,,ANNI~G~-ILI~OI~M.CC 2
ATTACHMENT A
ECONOMIC IMPACT OF FILM COMMISSIONS IN OTHER CITIES
SM:~LANNING'~:ILMCOMM'CC 3
ECONOMIC IMPACT OF FILM COMMISSIONS IN OTIIER CITIES
The film/television/video business is a non-polluting and lucrative industry which carries a
prestigious reputatiou. The producing teain comes in and spends their dollars utilizing local
personnel and facilities to produce their project. Below are some cities and the economic
benefits they have reaped froin the film/television/video industry:
TIle Utah State Film Commission reported $20,248,000 was spent on Utah goods and
services by out-of-state production companies during the fiscal year 1989-1990. An
additional $17,733 was spent by in-state companies for a total of $37,981,000. There were
1,323 production work days for Utah resideills and services.
The Sail Diego Motion PiCture and Television Bureau, which is a division of tile Greater
San .Diego Chamber of Commerce and supported by the City of San Diego reported that
for the fiscal year July 1, 1990 thru June 30, 1991, total dollars spent in San Diego was
$11,000,269.00 They also reported that over 3,000 local people were employed. The various
productions that brought in these miiliong of dollars into the local Sall Diego economy
included 6 feature fihns, 5 television movies, 25 television series episodes, 37 connnercials,
5 documentaries, 17 industrials, 73 still photography for Print and Catalogue advertising.
The Central Utah Fihn Commission, just on its second year of operation reported a total
of $1,986,050.00 spent by a combination of ot, i-6f-state and in-state production companies
for the fiscalyear 1991.
TIle San Jose Fihn and Video Commission reported all actual econolnic benefit of
$8,000,000.00 for 1989-1990. In 1990-1991, the San Jose Film and Video Commission
assisted 3 feature films and television movies, 26 television series and 20 commercials who
fil,ned in Sail Jose and the surrounding area. These projects resulted in more than 10,000
room nights and $7.1 million to the local economy.
The Phoenix Motion Picture Coordinating office reported that for tile fiscal year 1990-91,
film and tape production brought an estimated $16.8 million into the local economy. This
included 5 feature fihns, 9 television series and numerous national and local commercials.
All tile figures were compiled from production s. rveys signed and returned by produ~:tion
executives that have fihned in the different cities. No economic multipliers were applied
in the figtires supplied for Sail Diego and Phoenix.
ATTACHMENT B
SAN DIEGO MOTION PICTURE AND TELEVISION BUREAU
ECONOMIC IMPACT REPORT
SMut'ANNING~/ILMCOMM*CC 4
SAN DIEGO MOTION PICTURE
AND TELEVISION BUREAU
A Division of the Greater San Diego Chamber of Commerce
Supported by the City of San Diego
ECONOMIC IMPACT REPORT
FISCAL YEAR JULY 1, 1990 THRU JUNE 30, 1991
Production Breakdown
FEATURES
Total Features
................................................. 6
Shooting Days ................................................ 62
Hotel Room Nights 428
Police Fees
.............................................. $10,168
Local Crew &Talent -"
.......................................... 350
Total Dollars
........................................... $1.945.000
TV MOVIES
Total TV Movies
................................................ 5
Shooting Days ................................................ 68
Hotel Room Nights .......................................... 3,505
Police Fees
............................................... $5,008
Local Crew and Talent
......................................... 282
Total Dollars
................................ ' ........... $2.361.513
TV SERIES
Total TV Series
...................................... · ...' ...... 25
Shooting Days 124
Hotel Room Nights .......................................... 1,995
Police Fees
............................................... $5,490
Local Crew and Talent
......................................... 951
Total Dollars
........................................... $2.050,600
COMMERCIALS
Total Commercials
............................................. 37
Shooting Days ................................................ 91
Hotel Room Nights 1,249
Police Fees
.............................................. $27,642
Local Crew and Talent ......................................... 69'1
Total Dollars ' '
........................................... $1.737.800
DOCUMENTARIES
Total Documentaries ............................................. 5
Shooting Days ................................................ 12
Hotel Room Nights ............................................ 18
Police Fees
............................................... $1,337
Local Crew and Talent
.......................................... 35
Total Dollars ............................................. $72,500
INDUSTRIALS
Total Industrial
............................................... 17
Shooting Days ................................................ 57
Hotel Room Nights ........................................... 278
Police Fees
............................................... $5,247
Local Crew and Talent
......................................... 247
Total Dollars
.................................. - ........... $425.900
STILL PHOTOGRAPHY (Print and Catalog Advertising)
Total Stills
................................................... 73
Shooting Days ............................................... 481
Hotel Room Nights .......................................... 6,057
Police Fees
.............................................. $15,348
Local Crew and Talent ......................................... 540
Total Dollars
........................................... $2.149.592
STUDENT FILMS
Total Productions ............................................... 2
Shooting Days . .. .............................................. 27
Local Crew and Talent ........................................... 0
Total Dollars ..............................................
OTHERS (Music Videos. Educational etc.) .
Total Productions .............................................. 23
Shooting Days ...................................... · ..........48
Hotel Room' Nights ........................................... 310
Police Fees ............................................... $1,372
Local Crew and Talent .......................................... 94
Total Dollars ............................................. $258.6,,t0
TOTAL FOR FISCAL YEAR 1989 · $11,006 267 00
ITEM NO. 15
TO:
FROM:
DATE:
SUBJECT:
APPROV
CITY ATTORNEY \ ~
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Plannin
November 24, 1992
Resolution supporting the Western Riverside Council of Governments approach
to Integrated Air Quality Implementation Program
PREPARED BY:
David W. Hogan, Associate Planner
RECOMMENDATION:
It is requested that the City Council:
Adopt a resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN
THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS INTEGRATED AIR QUALITY
IMPLEMENTATION PROGRAM".
BACKGROUND:
The Clean Air Act requires that any area of the country which does not meet national ambient
air quality standards be designated a nonattainment area for those pollutants. Nonattainment
areas are required to prepare air quality management plans to improve regional air quality and
meet the national ambient air quality standards. The City of Temecula is a located within the
South Coast Air Basin. The South Coast Air Basin has been designated a nonattainment area
for Ozone (03), Carbon Monoxide (CO), and Particulate Matter (PM~o). Because of the air
basin's nonattainment status, the South Coast Air Quality Management District has prepared
an Air Quality Management Plan (AQMP) to improve regional air quality.' Some of the
measures in the AQMP require local governments and major employers to make changes to
their traditional mode of operation to reduce the amount of vehicle trips and miles and
associated air pollutants which are they are responsible for. A local government is presumed
to be responsible for all air quality emissions generated by people who live, work or visit the
community.
DISCUSSION:
The adoption of the AQMP created the need for both the public and private sectors to become
involved in improving regional air quality. While the AQMP has created a number of measures
and consistency requirements, the precise mechanism for local government reporting and
involvement were left undefined. Since the adoption of the AQMP there has been a lot of
discussion as to how local government measures and regional monitoring requirements should
be done. In response to the AQMP, the Western Riverside Council of Governments (WRCOG)
and it's member agencies have developed a sub-regional approach to air quality
HOGAND~AQRESO.AR
implementation programs. The WRCOG approach, which is gaining acceptance throughout
the region, calls for the Cities and County to undertake a six-point air quality implementation
process. The six points of the WRCOG sub-regional approach are as follows:
Adopt a resolution supporting the sub-regional approach and WRCOG's air
quality activities by December, 1992;
Enact a transportation demand management ordinance to meet the.
requirements of the Congestion Managemen~ Program and the AQMP by
December, 1992;
e
Promote voluntary programs to meet air quality and congestion management
goals;
Agree to participate in the future development of specific subregional strategies
and action plans;
5. Develop appropriate trip reduction programs for local employees; and,
e
Agree to maintain the reporting mechanisms to provide the appropriate
information to WRCOG to document sub-regional implementation of air. quality
measures.
The attached resolution represen:ts the first point in WRCOG's sub-regional ai~ quality
implementation program. The second point in the program, the transportation demand
management ordinance, is currently being developed by the Public Works Department. The
programs in the third-point are addressed in the .goals, policies and programs contained
General Plan. The City has already instituted a trial program to test the fifth point in the City.
An alternative work schedule to reduce work related trips for local government employees has
showed positive results.
CONCLUSION:
The proposed Resolution is consistent with the Goals and Policies contained in the Draft
General Plan. The Resolution is consistent with General Plan Goals 2 and 4, and supports the
City's efforts to implement the air quality actions described in the Implementation Program
of the Air Quality Element. Adoption of this resolution is not a project which could have an
adverse impact on the environment as described in the California Environmental Quality Act
and is exempt from environmental review. Therefore, staff recommends that the City Council
adopt the attached Resolution entitled "A Resolution of the City Council of the City of
Temecula to participate in the Western Riverside Council of Governments integrated Air
Quality Implementation Program."
FISCAL IMPACTS:
None.
ATTACHMENTS:
1. A Resolution Supporting the WRCOG Air Quality Implementation Program - Page 3
ATTACHMENT NO. 1
RESOLUTION
~ HOGAND~AQRESO.AR 3
ATTACHMENT NO. 1
RESOLITHON NO. 92-
A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY
OF TEMECULA TO PARTICIPATE 'IN ~ WESTERN
RIVERSIDE COUNCIL OF GOVERNMF~NT INTEGRAIT~D
AIR QUALITY IMPLEM~NTATION PROGRAM
WFwREAS, Riverside County Transportation Commission (RCTC) has been designated
the Congestion Management Agency responsible for the preparation of the CMP for Riverside
County; and
WHEREAS, State and Federal transportation agencies require expeditious
implementation of regional Air Quality Management Plan Transportation Control Measures
(TCM's) as prescribed by law; and
WtIEREAS, Wester Riverside Council of Governments (WRCOG) has been working
with local governments within the WRCOG Region to develop a model Air Quality
Implementation Program (AQIP) and TCM Action Plan; and
WItEREAS, LoCal governments must promote or enact measures which meet air quality
and congestion management objectives to preserve local autonomy and land use authority; and
WHEREAS, Cooperative public/private programs designed to meet air quality and
congestion management goals on a voluntary basis are preferable to federal, state and regionally
mandated programs; and
WItE~, It is beneficial and desirable for all agencies to work together in a
cooperative and beneficial manner for' the public, in achieving unified transportation and air
quality policies; and
WltF-REAS, A commitment by Cities and the County to participate in development of
specific subregional implementation strategies or action plans to meet CMP and AQMP
objectives is 'critical to the interests of the WRCOG Region.
NOW, ~RE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETER_MINE AND ORDER AS FOLLOWS:
Section 1. The City of Temecula agrees to promote public/private voluntary programs
designed to meet regional air quality and congestion management objectives.
Section 2. The City of Temecula commits to developing trip reduction program(s) for
City employees.
HOGAND'~QRE$O.AR 4
Seaion 3. The City of Temecula endorses the Subregional Air Quality Policies
established in the WRCOG Air quality Implementation Program.
Seaion 4. The City of Temecula commits to maintaining the appropriate reporting
mechanisms needed to support future air quality conformity findings for the WRCOG Region.
Seaion 5. The City of Temecuh commits t6 adOpting an appwpriate TDM ordinance
which implements local government responsibilities under the provisions of the current State
Implementation Plan for Air Quality by December, 1992.
Seaion 6. 'The City of Temecuh agrees. to consider adoption of other air quality
ordinances contained within the WRCOG Air Quality Implementation Program by December,
1992.
Seaion 7. The City of Temecuh agrees to participate in the development of an
integrated Air Quality Implementation Program and Transportation Control Measure Action Plan
for the WRCOG Region.
Seaion 8. The City Clerk of the City of Temecuh is hereby directed to transmit
certified copies of this resolution to the Riverside County Transportation Commission and the
Western Riverside Counc~ of Governments.
Seaion 9. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPT~.D, this day 241h day of November, 1992.
PATRICIA H. BIRDSALL
MAYOR
ATTEST:
June S. Greek, City Clerk
[SEAL]
HOGAND~AQR~$O.AR 5
ITEM
NO.
16
APPROVAT.
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER-
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM:
Councilmember Muf~oz
DATE:
November 24, 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
EXHIBIT "A"
Re:
ATTACHMENT "A"
New Lona-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 leaseis 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 and we have agreed to extend the term of the lease to five (5) years.
--Normal Droperty tax increases: We have changed the lease to 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'De 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 Packaae:
Attached hereto is the new lease. On the back side of this letter is
an instruction guide which tells you what you must do to 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 guestions 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 sicn and date page 3 of all t.hree
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 £EASE
Notice
This Lease will be exempt from any ordinance,
resolution, rule, regulation, initiative measure or
other governmental act of any local governmental entitV
which establishes a maximum amount that a landlord may
charge a tenant for rent (includin~ 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 oercentaqe
change in the CPI-U was 4.0%, then the annual rent adjustment
would be five (5) percent (4.0 + 1.0 z 5.0)]. Notwithstandin~
the foregoing, no annual rent adjustment shall be less than four
(4) percent, nor greater than nine (9) percent. (Paragraph 5)°
Increase Upon Sale or Assignment None
(Paragraph 11)
Security Deposit
100.00
(Paragraph 25)
Addresses:
Park Owner
Heritaae 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:
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
If this Summary and its addenda, if any, are in any way
inconsistent with the Standard Terms and Conditions, the former
shall control.
Dated /~".~ /-~ , 19 ~ ~'
Homeowner
Park Owner
Addendum:
ParaOraoh 6(a) is amended to exclude any real property tax
increases not exceeding two (2) percent per year.
Paragraph 6(c) is deleted.
Paragraph 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.
ParaqraDh 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."
Paraqraph 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.
8/5/8S
STANDARD TERMS AND CONDITIONS
CONTENTS
Page
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Term..........................................
Rent '
Initial Mon Ren~ ..........................
Annual Adjustment .............................
Pass-Throughs .................................
Utilities .....................................
Abandonment ...................................
Park Owner's Right of Entry ...................
Attorneys' Fees, Court Costs ..................
Sale of Homeowner!s Mobilehome ................
Subletting ....................................
Removal of Mobilehome-Cancellation of Lease...
Waiver ...................... ..................
Holding Over ..................................
Homeowners-Park Meetings ......................
Park Owner's Rights ...........................
Estoppel Certificates .........................
Time ..........................................
Acknowledgements ..............................
Mobilehome Residency Law ......................
Severability ..................................
Force Majeure .................................
Right to Performance ..........................
Security Deposit ..............................
Notices .......................................
5
5
6
6
6
7
8
9
9
9
9
l0
11
ll
ll
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
I. Space
Park Owner le~ses She Space identified in the Lease Summary.
(=he 'Summary") to Homeowner, for the term of ~his Lease, and
s. ubjec% to its conditions, for placement of Homeowner's
mobilehome, identified on =he Summary (the 'Mobilehome"), and
residential use by Homeown.er and Homeowner's immediate family or
such other person(s) as may be authorized by law. Homeowner
agrees to sa=isfy the reasonable landscape and maintenance
requirements of the Rules. Park Owner agrees to maintain the
Park's physical imp. rovements and common facili=ies 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 ~he Mobilehome with another mobilehome,
if (i) the other mobilehome complies wish the Rules and (ii)
Homeowner notifies the Park Owner of i~s identification number.
Should Homeowner make use of the Park's.addi=ional services,
Homeowner agrees to pay the ~harges and periodic increases fixed
by the Park Owner for-those services, such as s~orage of
recreational vehicles, a second automobile, or a bo'a=~ and use of
any special pe= facilities.
2. Term
This Lease shall be for the ~erm s=ated on the Summary (the
"Term"), beginning on the Co~encement Date, and ending on the
Expira=ion Da=e. The Lease may be termina=ed before the
5
Expiration Date in the manner described by paragraph 13, below, or
as provided by law.
3. Ren~
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 1 of each calendar year, by the amount stated in the
Summary.
6. Pass'Throughs
Homeowner agrees to pay, as ten=, i=s propor=icnal share of
the following:
(a) Increases in =axes and o=her charges, fees and
assessments of all'kinds (other th~ federal end California
income taxes) paid to any public agency by the Park or P~rk
Owner.
(b) Costs of any new or addi=ional services tha= the
Park may be required to provide to residents by any state,
federalor local law or regulation. (These costs include
payments to private contractors for those required
services.)
(c) Costs of capi=al improvemen=s and replacements-
These costs include all expenditures tha= the Park Owner
t=eats as capital items,-rather than deductible business
expenses for income =ax purposes; plus costs of finencing
those improvemen=s and replacements- (If the Park Owner
advences funds for improvements and replacements, the Park
Owner shall be entitled ~o interest upon those funds at a
commercially reasonable rate.) Expenditures.for capital
improvements end replacemen=s shall be passed through on a
propor~ionaI basis as described below.
(d) Uninsured losses for damage to or destruc=ion of
proper%y or injury ~o persons. (Pass-Throughs for uninsured
losses may, at Park Owner's option, be passed ~hrough
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
8
cost Of submetered utilities, as reasonably determined by the Park
Owner ·
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, ~nd dispose of i= in the
manner permitted by law.
9- Park Owner's Right of Entry
The Park Owner's agents and employees may enter ~,he Space at
any reasonable time for the purpose of inspection, maintenance of
utilities, maintenance of the Space when Homeowner fails to do so
in accordance with the Rules, or in order to post notices- The
Park Owner's agents and employees may also enter the Space and
Homeowner's mobilehome at any time in case of emergency or
abandonment ·
10. Attorneys' Fees, Court Costs
If either party takes legal action under =his Lease, the
prevailing party shall be entitled to recover its reasonable
attorneys' fees and court costs from the other party, in addition
to its damages-
11. Sale of Homeowner ' s Mobilehome
(a) Homeowner may sell the Mobilehome in place in accordance
with the provisions of the California Mobilehome Residency Law.
In connection with such a sale, Homeowner may assign its rights
and interests in this Lease to the buyer of the Mobilehome
9
(=he "Buyer"), if ~he Park Owner firs=:
(i) Approves Buyer's financial responsibi!i=y~
(ii) Determines ~ha= Buyer will comply with the Rules~
and
(iii) Buyer agrees in.wri=in~ to assume all of
Homeowner's obligations under this Lease by signing an
agreement in substantially ~he form at=ached as ELhibit 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 wi~h this paragraph 11 does not
extend ~he Term,
(b) Upon the-first such sale during the term of this Lease,
~he 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
~he Mobilehome) without the Park Owner's prior written consent,
which the Park Owner may withhold in its sole discre=ion-
10
13- Removal of Mobilehome - Cance!la=!on cf Lease
If Homeowner removes theMobilehome from ~he Park, either
party may cancel the lease by giving ~he other party 60 days'
written no=ice.
14. Waiver
If Homeowner violates any term of ~his Lease, or of the
Rules, and the Park Owner fails to exercise any of its rights
under ~his 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 i= is
due shall no~ excuse that late payment, waive any of Park Owner's
rights, or' justify any other viola=ion of the Lease or Rules.
15. Holding Over
If Homeowner, with the Park Owner's consent, remains in
possession of ~he Space after expiration of the Term, Homeowner
shall be a month-to-month tenan~ Monthly rent shall be the
monthly rental (including all adjustments and pass-~hroughs) for
the las~ mon~_h 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 Mee~inus
Homeowners at the Park periodically elec: a Committee of
Homeowners for the purpose of meeting with ~he Park management to
discuss questions of mutual concern and interest concerning the
Park, its facilities, and operations- M&etings are requested from
~ime to time by the committee or the Park management.
Representatives of the Park's management shall meet with the
Committee within a reasonable time af%er receiving a request for a
meeting-
Park Owner's Rights
(a) The Park Owner reserves the righ% to borrow money
upon the Park. The Park Owner may, among o~her things,
refinance, place liens upon, encumber, mortgage or convey by
deed of trust the Park or a portion of it.
(b) P~k 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 to assign all of its rights under
this Lease to a buyer of the Park. ·
(c) In the circumstances described by ~he preceding
subparagraphs, Homeowner agrees to sign:
(i) whatever agreements that Park Owner or its
lenders may reasonably require to subordinate
12
Homeowner's rights under =his Lease ,,o --heAr righzs;
and
(ii) a sta,,emen= in subs=an=ia!ly ,,he form
attached as Exhibi,, E, confirming the effectiveness of
this Lease (an "Es=oppel Ce~,i~ica=e")- (Any purchaser
of the Park, and any lender shall be en,,i=led ,,o rely
upon such a
18. Es,,o_mpel Certifica,,e
Homeowner shall a= any --ime, upon request, sign and deliver
,,o Park Owner a written s=aUemen= (an "Estoppel Certificate") in
substan,,ially the form at=ached as Exhibi,, E- Failure ,,o sign and
re=urn an Estoppel Cer=ifica,,e within 30 days after Park Owner's
reques-- shall waive any claims or other matters =ha,, Homeowner
m~gh= otherwise have asserted.
19. Time
Time is of the essence of this Lease. S~rict compliance with
all time, limits is therefore required-
20. Acknowled_~nents
Homeowner acknowledges that:
(a) Park Owner has given Homeowner wri,,=en no=ice of
land use information on at=ached Exhibit F, of the Park's
zoning, the ,,erm of any conditional use permit issued =o the
Park for its opera--ion, and the ,,erm of any ground lease.
13
(b) Homeowner has receieed, read and underszood a
complete copy of the Rules (which are at=ached as Exhibit A.)
Homeowner understands =ha= viola=ions cf =he Rules are
violations of the Lease.
(c) This Lease contains the ~n=ire agreement be=wean
Homeowner and Park Owner, and supersedes all prior
negotiation, agreements and understandings, whether wri~=en
or oral. (The parties may amend this Lease by writ=an
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 ~he California
Mobilehome Residenc~ Law, as it may be amended from ~me to time.
A copy of 'the Mobilehome Residency Law is at=ached as Exhibit B.
22. Severability
If any term or ~rovision of ~his Lease is invalid, or
par%ially invalid, such invalidity shall no~ affect the validity
of any other term or provision of this Lease-
23. Force Majeure
Park Owner shall have no responsibility or liability to
Homeowner arising from any fire, earthquake, explosion, inclemen~
weather, acts of God or the. public enemy, civil disorder,
vandalism, nuclear accident, chemical or other contamination,
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 0wner's remedies under this
Lease are cumulative, and ezerci~e 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-
251 Security Deposit
Homeowner has paid to Park Owner the Security Deposit stated
on the Summary, 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 obliganion under this Lease, Park Owner may
15
(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. Thereafter, Homeowner shall,
upon demand, pay to Park Owner all amounts necessary to restore
the Security Deposit to its original ~mount. 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 parities 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 not_ice'to the other party-
16
Exhibi~ ~
Park Rules and Regula=ions. of the Park
Homeowner acknowledges prior receip= of the Park's Rules and
Regulations and all amenamen=s thereto.
Exhibit B
California Mobilehome Residency Law
Homeowner acknowledges prior receipt of the current version
of the 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 ~omeowner, 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 Pa:k 0wne: reserves the righ= =o change any of
foregoing seTvices or facili=ies (including =he righ= ~o
~iscon=inue any service or close'or remove any facili=y) in
accordance wi~h ~he rules and ~he Mobkl&hOme Residency Law.
EX_=IB IT D
ASSIGNMENT AND ASSUMPTION
~obi!ehome Park:
Homeowner(s):
Buyer(s):
Space No:
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 ~hey
were the original signatories to the Lease. Buyer(s) acknowledge
that ~he 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 Represenna=ive
Buyer(s)
Mobilehome Park:
Homeowner:
Lease Date:
EXHIBIT E
ESTOPPEL CZRTI[ICATE
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 =his Certificate that:
1. H0meowner'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.
4. 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 ~hat 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 ROA~, RANCHO CALIFORNIA, CALIFORNIA
is operated pursuant to CU %1090
conditional use permit is due to expire on
· This
NO EXPIRATION DATE ·
The mobilehome park property is currently zoned RR
There is no lease of the mobilehome park 'in which the management
is the lessee·
If any change in ~he status of the above-described
zoning or conditional use permit occurs, residents will be
notified within thirty (30) days.
EXHIBIT "F"
EXHIBIT "B"
HERITAGE
mobile home estates
...... _.,~m. _
31730 Generlt Keamey Road
Temecula. C/litomia 92591
(714) 676-5113
Re:
ATTACHMENT "B"
September 21, 1992
Recreational Vehic'le Storage Area
Dear Resident:
The monthly charge for renting a space in the Park's
recreational vehicle storage area will be adjusted to $16.00,
effective December 1, 1992.
Very truly yours,
~l~am C. Sch~
D~rector of 09era~ons
moOlie home esm[es
31130 General Keamey Road
Temecula, Calom~a 92591
(7141 6T6-5113
Re:
September 21, 1992
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 December 1, 1992.
For a variety of factDrs, 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.
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 ~ith 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 prospecti-ve 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 EXECUTING A
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
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,
Director of Operations
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 AMOUNT 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)
percent. [For Example, if the percentage change in the
CPI-U was 4.0%, then the annual rent adjustment would De
five (5) percent (4.0 + 1.0)]. Notwithstanding the
foregoing, no annual rent adjustment shall be less than
three (3) percenz, nor greater than nine (9) percent.
(Paragraph 5)"
-1-
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 moSilehome."
ALL OTHER TERMS AND CONDITIONS OF YOUR LEASE REMAIN IN EFFECT.
Dated: , 1992.
Homeowner (s)
Heritage Mobile Home Estates
Park Owner
By
William C.
Director of Operations
01003
-2-
EXHIBIT "C"
Resident Reporter
Practical Information for Mobilehome Park Residents
July 1992- Vol. IX, No. 4
Mobilehome inspectio,,e -- 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 mob.flehgmes and mobilehome parks in California to be
inspected and brought into compliance with California laws and regulations withAn five years. The
inspections are done either by a local enforcement agency or the state Department of HousIng and
Community Development (HCD). Many mobilehome park residents have already gone through this
process.
For those mobilehome owners who have not, HOD has a booklet available that explains how to prepare
for them. The following are some excerpts from that booklet, called "Mobilehome Park Inspection -
Resident Information Booklet." This information applies to mobilehomes inspected by local agencies
as well.
Notice of planned h, mpection -- 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 tnapeCtAOraa -- Under normal circumstances, an inspector,will not enter your home during an
inspection. He will request it only if he suspects a problem. Ye6 have a right to deny entry into your
home, but the inspector may seek a search warrant if he deems It necessary.
Preparing for ~,,epection -- Before your mobilehome is inspected, you should take the following steps:
1. Display current 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 booklet for other commonly 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 will reinspect to verify compliance.
Inspector identification -- HCD 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.
Legalactions -- Legal action can be undertaken ff 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-written 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 sell his or her lease along with the
(continued on next page )
Published by Weslern Mobilehome Association · 1760 Creekside Oaks Drive. Suite 200 · Satramenlo. CA 95833
I N D U S T R Y N
Mobilehome park residents fight GSMOL
by Edward C. McDonald. Jr.. Esq.
tulicltlf... eveill ()L'ctlrrc(J ill flit.'
AJul)/--a gritup ed' rcsitlcllls I'r,l)l a
m~'~hilell~mle park induNIr).
· ~eni,r nlohilchemlc park filed .~uil again~l
Ihe (}~dden Slalc M~hili,,nc
I~'1~.~ G~MOI. ,~1. 'llr I~j(~lll~' hlw-
;NIc'IIII~I h~ hlli,lkl;tlt. Iht':ll jlllc~
('~lG;,hl C',vL. M~d~ilt'll~,lK. ()wlK'r~
hx';d (;~M()I. droplet.
The rc~idcnl ~r;}t;p c'c)ll~i~l~ ~)f'~5 adtlll
rc~ide,l~ -r(';~r:ad, C~wc. h~,lcd i, I hill'
~vcr a (jSM()L Ic~i~h, ivc a~cml,. 'l'hi~
a~cud, i,c'ludc~ passaic s}r
and rcfll c{,llH~l m'tJjllmlcc~.
The dispute ~Ban duri,~ ,c~tiati~m~
r~r a I-,~-Icrm Ica~c al Ihc park. Al-
llingual1 :llt~l f'csjdenl~ were ~alisl'icd with
the Jcase. the h~cal GSMOL mp~selila-
lives tried to quash these ncBolialio,s.
~e lawsuit alleBes that GSMOL. wilh
the CaBada Cove Mobilehint Owne~
A~s~ialiml. upset Ihe lease I~;olialion~
h)' pursuinF Ihc foliowine aBenda. Over
the ehi~li{,!~ ~r m~l park ~sidenl~ a,d
~c park owner. GS MOL breed a c,nver-
~;~m ~rdi,ancc Ihr{~,8h I1~ Hair
Bay Cil~ Cramell.
GSMOL next pro~sed rent conlrtd br
the ~rk. GSMOL t~n us~ ~a~ taclics
I~ hn~w~al p~trk rc~idcnl~ i,I, Rtlp~rl-
i,~ rcm t'cmlr~d.
'11~ fc~ic~ll ~r,up d;:im~ ihal ( ;SM( )1.
afKI Ihc {~lhcr dcl~mlam~ jfllcilli~mallv
sti~d up mmmNl~ i, lie ~. '11~
lieve GSMOL u~d rear a;~ imimi~lkm
ro~ park ~si~nls I, ~1 tl~
~a~ Ihal I~ ~ c~wf~r c~ffe~l.
lawsuit al~Bes h~l GSMOL
lives spread fal~ m:~ a~t I~ iml~tct
a~ le8alif~ or Ihe p~ IcmJ-lem~
ka~. AI~. a ~nl ~d Iu ~ a n~n~r
in B~ stabinS with GSMOL to ~nici-
pall: ill hell,t.',wlicrN' aNNeK'ialiial i'ql.V,i-
IIC~N Ihal al'l~'L'lt'd Ihc illlcl'e~l~ (tl' pilrk
Iea~c i~ia, clTt'clivcly wa~ hh~'kcd.
(;S M( )i. and lhc p;~rk I,a,e~wne~' asse~-
ci,lil,~ Iried I~t I~rt'c a rt'~H t'emlr, I ¢~rdi-
ilalK-e.
hi i'c~l~tll~e I¢~ !he ~ll'ltllg-arlllcd laCljL'~
~tl' GSM()[.. a ~r¢!tlp ¢t[ cmK'emed park
rc~idc,l~ hallded Ict~elhcr I, pro,era a
emilied ,itlNtNili,, v,it't.. The).
~ht. ie t'lh,l~ wet,hi tNd~lt.r Ihe h,gc. hill
~jlt'lll. pllttllt ,1' i~llk It'NjtlCIIIN Wlle~ were
I~N~ jmimidaled h~ reNlNmd I, (i~M()I..
~l~.~lljl. A!tltill.elll Jy' Ihe illel e rlllllltr
mq~'mlinp h~wN, il led h~ (;~M()1.
II;IIIL'L'.
fibril'try IlXthilt'iH,l~ i~ll'k livi,~. i, I1~ INlt-
CC~. il ha~ di~nqtlt. d IlK. liven ,[ many
('a~ada C~tvc ~v~ide,l~ arid ,ut¢~
C'¢tvc UHalll~tcljve lit Ixtlc;tlial nN~bileiNetle
htlycf~. ltci~lc ~ty~. /
and hllilllidali~m has c~alcd a 'war xone'
wilhin Ihe park." Aay~ Bei~le. "~:e almm
E W c
~phere hart lieell lelL.¢c. Sctllle h..'ai rc-*llhlr~
have decided e:tt~ Io lake a,y new li~li,~
ill Ihc park ullljl
Rcigle helieve~ Ihal "GSM()L,
Ihl'tttlgh its h~'al rcp~sclllillivc~. i~ Ir)'illg
,t inlimidale residem~ {tf CaFmda C,ve
inl(~ su~tning I~ir agc,da a[ lhe park.
'il~is uge,da d~s nol serve Ihe ~,1 inler-
esl5 {tr our residenls. wlmm GSMOL
t'lamt~ I, ~p~enl."
IIt. i~lt.'~ Nlalt'lllelll t. alHiHt.~ Ihe t'~-
NUIK'C ~tl' Ihc re~i(iclll~' hiw~ilil--whelhcr
(i~M()I. aclually rcltrc~cm~ Ihe ~1 ilt-
lere~l~ ,[ Iht. ml~jl~rily it[ mld~ileh~mte
I~WlIUI'N Itr whelhcr il iN mtlhi,g Himt. Ihall
, mim~rily ~!~.cial imcm~l gr(mp lhal ha~
(xlllive(I il~ pu~tNe.
~1, 'm'~l Me
(llhlrll(.t. it'llll Lf I 'lerrtllll~. the' ~ 'h(l~rlllllll ~'
,,d,,' J~,' W~A .f~minur3. I!i.~ I,'m't
Cm't rt. fid~,l Rrmtp in it.~ ~,'time ~X~i,.,t
(;.~MOL. I1~ rm~ ht r~urle,i ,~l ~ht ~,.
()~r~.f ~( E~i~s'u~d C. McD~mdld. Jr.. 272
N. S~,,e Cr,z Are.. ~ Gates. CA
~.~().~- 72 2~ : 408/.?~- 7777.
WMA REPORTER. Seplemher 1992
>,?
EXHIBIT "D"
(F_.ff'ec~ve 718/88 )
AN ORDINANCE OF THE CITY OF ESCONDIDO
ESTABLISHING MOBILEHOME RENT PROTECTION
Definitions. For ~e purposes of this ordinance, the following worda, tams, and phrases
shall be defined as follows:
(a)
Board ~hall mean the Mobilehome Park Rental Review Board of the City of
Escondido.
(b)
(C)
Capial improvement shall mean the ins~n,Hnn of new i.m~wgv~ts and
facilities and/or the x~placcmcut or rcconslremion of c3dsdng improvements and
facilities which consist of mox~ than oxxtinx~ maint~-ncc and/or repairs.
* Dep~u~ent shall mean the Community Development Deparumut of the City of
Escortdido.
(d)
(C)
(f)
Mobilehome shall mean a vehicle dcsilp~cd and eqaipped for b-m,q h,~-Hon
and which is used as the principal place of habiuuion for the occupants thereof.
Mobilehome park shall mean any area of land within the City of Escondido where
two (2) or more mobilehome spaces are rened, or held out for rent, to
accommodate mobilehomes used for human habitation.
Mobilehome space shall mean the site within a mobilehome paxt intended,
designed, or used for the location or accommodaHon of a mobilehome and any
accessory su'uctttres or appurtenances attached therelo or used in conjunction
(g)
(h)
(i)
Owner shall mean the owner or operator of a mobilehome park or an agent or
representaxive authorized to act on said owner's or opentor's behalf in
connection with the maintenance or operation of such park.
Rehabilitation work shaii mean any renovation or xt'pair work complexed on or in
a mobilehome park which was performed in order 1o comply with the direction or
order of a publiC agency, or to repair ci~msge tesulling from fire, earthquake, or
other casualty.
Rent shall mean the considention paid for the use or occupancy of a mobilehome
space.
* For clari~cadon. Rent Review is administered by the Cornrnnni~Cy Sa"vices ]:)epBz1zn~lt ILgd 8~]
questions should be dircacd m them.
AN ORDINANCE OF THE CITY OF ESCONDIDO
ESTABLISHING MOBILEHOME RENT PROTECTION
Permin~ Rent Incren~s n~u.t-/i Upon an Application Al;q~ov,-tl by the nc~d
(a)
(b)
An owner may file with the Depa, h,,ent a rent increase application for one or
more mobilehome spaces for approval by the Board.
An application for a rent increase pursuant to this section shall be ~ed upon a
form prescribed by the Department and shah be accompanied by the payment of
a fee wMch will be determined by the Board; provided, however, that no fee shall
be charged for applications filed within the first one h.undred eighty (180) days
after the effective date of this Ordinance. -Said application shall specify the
address of th~ mobilehome park, the space number or numbers for which rent is
requested to be increased, the amount of the requested rent increase, and the facts
supporting the requested increase. The applicant shah produce at the request of
the Depm, tment any records, receipts, reports, or other documents that the
Department my deem necessary for the Board to make a detevnination whether
to approve a rent increase. The application shall be rr,,,d? under penalty of
perjury and supporting documents shah be certified or verified as requeszd by
the Department.
(C)
(d)
(e)
Upon receipt of a rent increase application, the Dcpa, ttucnt shatl mail a notice to
the affected tenants at the mobilehome spaces designated in the application,
informing them of the receipt of such application, the amount of the requested
rent increase, a brief sum,nary of the owner's justification for the request, any
supporting documents which may be inspected at the City Hall, the tenant's right
to submit written statements, photographs or other documents relating to the
application within thirty (30) days after the date the notice is mailed, and the
addre~ where such statements or documents my be mailed or delivered.
The Department shah 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 after such application is determined to be complete. The Board shall holda
hearing on said application within sixty (60) days after such determination is
made 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 ESCONDIDO
ESTABLISI. HNG MOBILEHOME RENT PROTECTION
(8)
(9)
(10)
Changes in reasonable operating and main~enanee expenses.
The need for repairs caused by ci=:umstances other than ordinary wear
and tear.
The amoum and quality of s~rvices provided by the applican~ to the
(11)
Any existing wrinen lease lawfully entered into between the applicant
and the affected tenant
(h)
(i)
(j)
(k)
The Board may provide that an increase in rent or a penion of an increase in rent
granted by the Board be limited to the length of ~ necessary to allow the park
owner m reasonably axntrdze the cost of a capital i,mptovement, including
interest. Such increag granted as a result of the capital improvement shall not
continue beyond the time necessary for reasonable amortization of the cost of
such improvement.
Nodce of the Board's determination shall be mailed to the applicant and all
affected tenants at the mobilehome spaces designated in the application. The
determination of the BOard shall be final
In the event that the Board is unable m act and make its final determination on a
cornpitted 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 statements or docunznts in opposition 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 clearly appears'
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 written statements
or doannents filed with the Department 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 of the month within which the .Board makes its final
determination disapproving a rent increase, or (2) the effective date of a rent
increase which is approved by a final det~udnation of the Board.
The me within which the Board may conduct a hearing as provided in subsection
(c) or make its deternmunion as provided in subsection (f) my be extended
5
AN ORDINANCE OF THE CITY OF ESCONDIDO
ESTABLISHING MOBILEHOME RENT PROTECTION
(b)
The owner gives each proposed tenant whose tenancy will
commence within twelve (12) months of the proposed change
written notice thereof prior to the incel}tion of his tenancy/,. (b)
Notice of termmarion or refusal to renew must be given in
writing in the manp. m' ,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 slate the elsie
the tenancy terminates, the reason for the 'termination or refusal
to renew, and the specific facts upon which the owner is
relying.
Refusal of Tenant to Pay DiegO| Rent. A tenant may refuse to pay any rent in excess of the
maximum rent pertrotted by this Ordinance. 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
mob~chomc space for nonpayment of rent or to collect the illegal rent
Remedies.
(a)
Any person who demands, accepts or retains any payment of rent in violation of
the provisions of this Ordhance shall be liable in a civil action to the person from
whom such payment is demanded, accepted or retained for dsamaSes in the Sum
Of three (3) times the mount by which the payment or payments rJemsanderJ,
accepted, or retained exceed the maximum rent which could be hwfully
demandcd, accepted, or retained together with reasonable attorney's fees and
costs as det~,, u~ined by the Court.
(b)
Any person violating any of the provisions of this Ordinance. shall be guilty-of a
misdemeanor and shall be punishable in the manner provided by Section 1-13 of ·
the Escondido Municipal Code.
Severabilil~,. If any section, subsection, sentence, clause, phrase or portion of this
~ce is for any reason held invalid or unconstitutional by any court of coalpotent
jurisdiction, such portion shall 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.
79x
798. I
798.2
798.3
798.4
798.6
798.7
798.8
798.9
798.10
798. I I
798.12
.2..9.8.14
X"~"jcle 2."' --
798.15
798.16
798.17
798.18
798.19
798.20
798.22
798.24
Article3,
798.25
798.26
798.27
798.28
79829
Afficle 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
Article 5.
798.50
California Civil Code Provisions
Mobilehome Residency Law
(Effective January 1, 1992)
,~ 1992 ~ Western Mobdenome Assoc ration
CONTENTS
General
(italian and Applicallon of Chapler
Applicauon of Definition,,
Management
Mobilehome
Mobi lehome Park
Park
New Construction
Rental Agreement
Homeowner
Change of Use
Resident
Tenancy
Notices: Delivery
Rental Agreement
Required Contents: Writing: Copies of MRL to
Homeowners
Inclusion of Other Provistons
Long-Term Agreement: Exemption from Rent
Regulation
Period of Written Agreement: Comparable
Monthly Charges for One Year as for Momh-to-
Month Tenancy
.Winvet of Rights: Public Policy
Discrimination
Recreational Vehicles: Designated Areas'
Common Area Faci lilies: Hours of Operation
Rules and Regulations
Amendments: Notification to Homeowners
Right of Entry by Management
Zoning or Use Permits: Leases: Notification to
Homeowners
Name, Business Address & Phone of Mobilehome
Park Owner: Disclosure
Mobilehome Ombudsman: Name. Addres~ &
Phone: Posting of Sign
Fees and Charges
Notice ot' Rent Increase
Authorized Fees
Charges for Uniisted Services: Notice
Pets
Guests: Sensor Caregivers
Immediate Family
Rule Enforcemere: Maintenance of Premises
Emr.',. Installation or Hookup Fees:
Landscaping and Maintenance Chanzes
Utility Meter Service: Billing: Rate ichedule
Securit) Deposits
Security Liens; Mutual Agreement: Separate
Statements
Separately Stated Utility Services: Exemption
from Rent Control: Reduction in Rent
Violations of MRL: Fines: Penalizes: Prohibitions
from Passing Through
Master-metered Utllmes: Use of Homeowner's
Meter for Common Area
Rent Control
Exemption: New Conslruction
Horneowner Communications
and Meetings
Statement of Legislative Intent
798.51
798.52
Article 5.5
798.53
Article 6.
798.55
798,56
7qS,56a
798,57
798.58
798.59
798.60
798.61
Article7.
798.70
798.71
798.72
798.73
798.74
798.75
798.76
798.77
798.78
798.79
798.80
798.81
ArticleS.
798.84
798.85
798.86
798.87
798.88
Article 9.
799
799.~
79~.2
799.3
799.4
799.5
799.6
Renlal Agreernenl,,/Ruje~: Proh~bnmn,,: %leeh
IIIgN: Public Ol/'iclal,,: Can~,u,,,, and Pellllon,
Homeo~, ner/Ressdenh: Actran,
Homeowners Meetings with
Management
Management: ,%leeling,, ,.,, llh Ht>lnct}v, ncr~.
Request: Mauer,. h}r Di,,cu,,,,~on;
Termination of Tenancy
Proleclion from Actual or Corhlructi,.e E'.~L'-
lion: Terrainanon or Refusal to Renev,: Rea-
sons: Notice: Time
Aulhorized Reasons 16r Terminalran: Copes
to Legal Owners
Righis & Responsibililies of Legal Owners
Slatemenl of Reasons in Notice
Termination to Make Space for Bu~.er of
Mobilehome from Park Owner Prohibited
Notice by Homeowner: Time
Application of Other Laws
Abandoned Mobilehomes; Disposition
Transfer of Mobilehome or
Mobilehome Pork
Advertising
Listing or Showing Mobilehome by Park O~ her
or Manager: Written Authorization': Prohibitions
Transl~'r or Selling Fee: Request for Service:
Prohibilions
Removal Upon Sale to Third Party: Conditions
Prior Approval of Purchaser: Grounds t~r
Withholding: Inibrming Homeowner: Financial
Report/Refund: Time-Frame for Approval
Sale or Transfer of Mobilehome to Remain in
Park: Required Documents: Unlawful Occupanls
Purchaser: Compliance with Adults Only Rule
Waiver of Rights: Public Policy
Rights/Responsibilities of Heir or Joinl Tenant
of Owner
Foreclosure of Mobilehome: Sale Io Third Pan)'
Sale of Park: Listing: Nolice to Re~idents
Sale or Listing 0f Used Mobilehome: Probib-
ned Acts of Management
Actions. Proceecling$, an{:l Penalties
Notice of Impending Action by Homeowners
to Park Management
Attorney's Fees and Costs
Willful Violation by Park Owner: Addilional
Penally
Public Nuisance
Rule Violalions; Injunclion
$ubalvlsion,t, Cooperatives, and
Cor~lominiums
Definmons
Advertising
Lssung or Showing Mobilehome by Ownership
or Management; Written Aulhorizalion
Sale to Third Party: Prohibition Againsl
Required Removal
Prior Approval of Purchaser: Grounds for With-
holding
Purcha~,er: Compliance with .Adults Only Rule
Waiver of Rights: Public Policy
,3 . Tnc nomeo~ner snail have al leasl 3(1 dav~ from Ihe
dale lhe renlal agreemenl is firsl offered to lhe ~omeowner
to accepl or reject the agreemere.
~4~ The homeowner who executes a rental a,..reemeni
offered pursuant lo this section ma.~ void the ren~'al agree-
mere by nolifying the mana,_,emem ,n wrilin~ within 72 hours
of lhe homeowner'~ execul~on of the rental aszreemem.
~c) The homeowner shall have Ihe optio~ Io reject the
offered rental agreement and instead accept a rental agree-
ment for a term of 12 monlhs or less from !he dale lhe offered
rental agreemenl begins. In the event the homeowner elecls
to have a rental agreement lbr a term of 12 monlhs or less.
including a month-to-month rental agreemenl. the rental
agreement shall contain ihe same "remal charges" terms and
conditions as the offered rental agreement during ~he first 12
months. except for options contained in Ehe offered rental
agreement to extend orrenew the rental agreement.
(d~ Nothing in subdivision (c) shall be construed to pro-
hibit managemere from offering gifts of value. other than
rental rate reductions. to homeowners who execfitei'a"'~ent~i'
agreement pursuant to this section.
(el 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 entitv thai establishes a maximum amount that a
landlord may 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.
If) At the time the rental agreement is first Offered to
the homeowner. the management shall provide written
'~otice to the homeowner of the h.omeowner's right ( 1 ) to
have 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 discoy-
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 par~ 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.
(bl No such agreement shall contain any letins or condi-
lions with respect to charges for rent. utilities. or incidental
reasonable service charges thai would be different during the
first 12 months of the agreement from the ~on-es!~nding
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
comain a provision by which the homeowner waives his or
her righis 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 basl,, of' race. color. religion. ,,c\. ilatlt~tlai
ancestD.. or marital statu~.
798.22. (a~ in an~ ne~ mobilehome park Thai ~,
oped at'let Januan 1.1~82. mobilehome ,pace, ,hall nt~l
renied for the acconlmodation o1' recrcatumal ~chsc'tc~
defined by Section 79~.24 unle~ the mobilehome park ha~
specificall} de~ignaled area ~ilhln the park/or recr¢atstm~l
vehicles. ~'hich i~ ~eparate and apart trom the area designated
l~r mobilehome~. Recrealional veh~cle~ may ~ located
in the specificall)' designated area.
(b) Any new mobilehome park that i~ develo~d after Janu-
a~ I, 1982. is not subjecl io Ihe provi~ion~ of [hn~ ~ecln~n
75 ~rcedt or' the space~ have Nen reined for the fir~[ lime.
798.24. Each common area factlily ~hall ~ open
available to residents at all reasonable h~urs and the hour~
the common area l~cility shall be posted al the
A~icle 3. Rules and Regul~ions
79~.25. A rule or'regulation ot'lhe park may ~ amended
at any time with the consent of a homeowner. or ~'ithout hi~
or her consent upon written notice to him or her of nol le~
than six monthS, except for regulations applicable to recrea-
rionat facilities which may ~ amended without hi~ or her
consent upon written notice to him or her of not le~s than
days. Written notice to a new homeowner. who~e tenanc~
commences within the required period of nolice. of a
posed amendment shall constitute compliance with Ibis ~ec-
lion where the written notice is given to him or her before
inception of his or her tenancy.
_7~8.2~, (a) Except as provided in su~ivision (b). and
notwithstanding any o/he~p~ovision of law to the contrary.
the ow~hip or m~ag~ent ofa ~, su~ivision. ctx~mti~Te.
orcondominium for mobilehomes shall have no r~gh~ ofentrx
to a mobileho~e without the prior ~r~en consenl of
.resideqt. Such consent may ~ revoked in writin~ by the
resident at any time. The ownership or managemere '~hall
have a right ofenlry upon the land upon which a mobilehome
is situated for maimenance of utilities. for maintenance of ihe
premises in accordance with the rules and regulations of the
park when th~ homeowner or resident t~ils to so maintain the
premises, and protection of the mobilehome park. su~ivi-
sion. cooperative, or condominium at any reasonable time.
but not in a manner or at a !.ime which w~uld interfere with
th$ resident's quiet enjoyment. -_ _
' (b) ~e ownership or m~agemem of a p~k. su~ivision.
~rative. or condominium t~r mobilehomes may enter a
mobilehome without the prior wnnen con~nl of the ;e~idenl in
case of ~ emergency or when t~ ~sident h~s ab~doned the
mobil~0~e. ~'
7~.27. ~a) The management shall give written notice to
all homeowners and pros~ctive homeowners concerning the
following matters: ( 1 ~ the nature of the zoning or use petit
under which the mobilehome park o~rates. If the mobile-
home park is operating pursuant to a petit subject to a
rene~ al or expiration date, the relevant initiation and date~
~hall be included in the notice. (2) The duration of any lea~e
of the mobilehome park, or any portion thereof. in which the
management is a lessee.
( b ) I f a change ~curs conceming the zoning or use ~rmit
under which ~he park o~rales or a lease in which the man-
agement is a lessee. all homeowners s~ll ~ given written
nolice within 30 days of that change. Notification regarding
moOlienome. v, hJchever occurs earher. mana_oemenE shall.
upon the receipt of a written request from the~homeowner.
refund to the homeowner the amount of the security deposit
within 30 days lollowing the end of the 12 consecuti~'e month
period of the prompt payment or the date of the resale of the
mobilehome.
Ic~ In the event that the interest in the mobilehome park is
transferred to an,.' other pan>' or entity. the successor in
interest shall have the same obligations of management con-
tained in this section with respect to the security deposit.
id~ The management shall not be required to place any
security deposit collected 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 section
shall be refunded on or before January 3I. 1989.
798.40. The management shall not acquire a lien or 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~S mulually agreecl..u~o"~by both the home-
owner and'manag~ment."~ billing and payment upon the
obligation shah 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 p. ark management may elect to bill a
homeowner separatel'y:~"'~~ervice fees and charges
assessed by the__._utility for services provided to or for spaces
in__ the park. Any S~'~rately 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 governmental entity which establishes
a maximum amount that a landlord may charge a tenant for
rent. provided that at.the. time of the initial separate billing of
anv utility fees and charges the rent chargeable under the
rental agre.emenl oE t._h_e b_a_se rent ~:hargeable under the terms
of a local rent control provision is simultaneously reduce$1b_~y
an amount equal to the fees and charges separately biiled~-
! Utility services to which this section applies are natural gas
or 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 1.1991. 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 subdi~ -ion (a).
798.42. (a) The manag,~ment 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
c~osts incurred by the management in connection therewith.
(b) A court shall consider the remoteness in time of the
assess_me_nt.agamst the management of-any fine._f_oJ:f-eiture.
pe.n_alt_.y_. or fee in determining whether the horridowner has
'me. Ls, k,~ourden of proof that the fee or increase in rent is in
violation of lhis seCtiOn.
79g.:E'C lal ExcelSt as provided m ,,ubdl~ ~slon ~b.,. ~hen-
ever a homeowner is responsible for payment of gas or electric
utility service. management shall disclose to the homeox~ner
any condition by which a gas or eiecmc meter on the home-
owner's site measures gas or elecmc 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 discover,., and shall com-
plete either of the following:
( ! ) Enter into a mutual written agreement with the home-
owher for compensation by management for the cost of the
portion of the service measured by the homeowner'~ meter
for the common area facilities or equipment to the extent that
this cost accrues on or after January I. 199 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 Communications
:. 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.
798.5 I. No provision contained in any mobilehome park
rental agreement. rule. or regulation shall deny or prohibit 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
witbin 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-
tion 798.51 may bring an action in a court of law to enjoin
entercement of any rule. regulation. or other policy which
tll IDYll e',el~i lilt nlana.~ement ~,hali .~l~,e ~.rltten floilce |O
the homeowner ~n the manner prescribed by Section I 162 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 cop)' of this notice shall be
~ent to the legal owner. each junior lienholder. and the
registered owner of the mobilehome. if other than the home-
owner. as specified in paragraph Ib)of Section 798.55. b.~
certified or registered mail return receipt requested within 10
days alter notice is sent to the homeowner. ' (fl C~_d~mnation of'the' park...
'rg~ Cha~g'~T'fise oUihe park or any portion thereof,
provided:
(1 ~ The management gives the homeowners at least 15
days' written notice that the management will be appe~i~ng
befor~'T~'[6~a'I gc~vernmehtal board, commission, or body to
request permits for a change of use of the mobilehome park.
(2 ~ After all required permits 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-
mils. then notice,shallhe.g,L~n 12 months or more prior to the
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 fora 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 Government Code shall be given
to the home0wners 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:
(I) hs 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 offerto accept or reject the offer
in writing. If the offer is rejected, the person or entity shall
have l0 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
mobilehome.
(3) Its request that the management pursue the termination
of tenancy against the homeowner and its offer to reimburse
managemen| for the rea~o~aDle at|omen. '`` lee', and cour~
costs incurred by the management in that actR~n.
{hi In the event that the legal owner or junket henholder
exercises any option described in paragraph ~2~ or 13 ~
subdivision ~ah and has the right to sell the mobilehome
~.ithin the park Io a lhird party in accordance with this article.
Ihal person or entily shall have !he righl Io keep
mobilehome on the si~e wilhin lhe mobilehome park unlil
is resold a~ long as Ihe ~rson or emily perl'o~ all of
l~llowing acts:
( I ) (A) Satisfies. within the time ~riod s~cified in sub-
division {a). all of the homeowner's responsibilities and
liabilities owing ~o the management lbr the 90 days preceding
the mailing of the notice of temination 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) Pe~rmance under this paragraph d~s not cure the
default of the homeowner.
(C) For pu~oses of this paragraph. the "homeowner's
responsibilities and liabilities" means all rents. utilities. rea-
sonable maintenance charges of the mobilehome and its
premises. and re~onable maintenance of the mobilehome
and its premises pursuant to existing park rules and regula-
tions.
(2) Within the time ~ri~ specified in suMivision ~a~.
commences all repairs and necessary co~ective actions so
that the mobilehome complies with park rules and reoulations
~n exsstence at the time the notice of te~ination of tenancy
was given as well as the health and safety standards s~cified
in Sections 18550. 18552. and 18~5 of the Health and Safety
Code. and completes these repairs and comelive actions
within 90 calendar days of that notice. or ~fore the da~e the
mobilehome' is ~soid. whichever is earlier.
(3) Complies with the requi~ments 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 t~ legal owner or junior lienholder d~s
not respond to the notice provided by management by noti-
fying management in writing of its election puBuant to
suMivision (a). or d~s not satisfy the requirements of sub-
division (b). that ~rson or entity shall have no rights to sell
the mobilehome within the park to a third party.
(~) In the event the homeowner files for bank~ptcy, ihe
periods set forth in this section are tolled until the
mobilehome is released from bankruptcy. "
<e ~ Not withstanding any other provision of law. including.
but not limited to. Section 18~9.5 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 suMivision (a) within the ~n~ allowed, or
peffo~s as agreed within 30 days, the management may
either remove the mobilehome from the p~mises ~d place
~Tin storage or sto~ it on its site. In th~ c~se. notwithstanding
any other provision of law. the management shall have a
warehouseman's lien in accordanc~ S~Uon 72~ of the
Commercial Code against the mobilehome for the costs of
dismantling and moving. if appropriate, ~ well as storage.
which shall ~ su~rior to all other liens. except the lien
provided for in Section 18116.1 of the Health and Safety
C~e. and may enforce the lien pursuant to Section 7210 of
the Commercial C~e.
ocn,:c ~ the sale. :,~ ~nall De ~,pecHled b~ tl~e State Depart-
ment of Housing and Communn.~ Development er the De-
partment of Motor Vehicles. which shall register title in the
abandoned mobilehome to the purchaser upon presentation
thereof. The sate shall pass title to the mobilehome to the
purchaser free of any prior interest. including any securit~
roterest or lien. except Ihe lien provided br in Sectio~
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 r~ibited by the terms of an agreement.with the manage-
rfient. ma~"fid~'~rtise the rental of his or'her mobilehome, by
displaying a sign in the windowof the mobilehome. or by a sign
poste~ on the side of the mobilehome fa~ing"'~t e'h'i~'t/~et."iT'g~ng
that the mobilehornS' ~s-for sale or exchange or. if not prohibited.
for rent by the owner o_f the mobilehome or his or her agent.
~ee~igr~'l state'the naffteZ~'ddfeSs, 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-
tainin,, the owner's written authorization. The authorization
shall specify the terms and conditions regarding the showing
or listing.
Ib) The management shall prohibit neither the listing nor the
sale o'f'a manufactured home or mobilehome within the park by
the homeowner. an heir. joint tenant, or personal representa-
tire 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 offier than the manage-
ment. nor require the selling homeowner, or an heir, joint
tenant. or personal representative of-tht~estate 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..he_. ag_ent in the sale of a manufactured
home or mobilehome as a condhion of management's approval
or' 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 mobi lehome salespersons
or dealers.
798.72. (a) The management shall not charge a home-
owner. a~n' h._e_ir, joint tenant. or personal re~ve of the
estate who gains ownership of a mobilehome in the mobile-
home park through the death of the owner of the mobi lehome
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 tinless
the management performs a service in the sale. The manage-
ment shall not perform any such service in connection with
- the sale unless s9 req._.uested~, in writing. by the homeowner,
an heir. pint tenant. or per,.onal repre~entatl,.c or me e,,tatc
who ga.ns ownership of a mobilehome m the mobdehome
park through the death or' the owner or' the mohi lehome v. ho
was a homeowner al the time of his or her death. or the agent
or' any such person.
~b~ The management ~ot ch~.ge..a prospecnve home-
owner or his or her agent. tipon purchase of a mobilehome.
a fee~S.~condit ion of approval Yor r~"~dei'icv in a park unle,,,
the management performs a specific service in the sale. The
. management shall _nOt i.___._mpose a fee. other than for a credit
oheck in accordance with sh~'~;on lb~ of Sectio'n 798.74.
for an interview of a prospective homeowner.'
798.7;3..The management shall not require the removal
of a mobilehome from the park in the event of' its, sale to a
third party during the term of the homeowner's rental a,.zree-
ment. However. in the event of a sale to a third party. in ~rder
to upgrade the quality of the park. the management max'
require that a mobilehome be removed from the park where:
'~a) h is not a "mobil?~ham,~" w. ithin the meaning of
(b) h is more than 20 years old. or more than 25 years old
if manufactured afterSel~tember 15. 197 I. and is 20 ?eel wide
or more. and the mg~bi lehnme does n'~"'~c~'r~'ply with the health
and safety'Si~t~'/i~r'ds provided in Sections 18550. 18552. and
18605 of the Health and Safety Code and the regulations
established/hereunder, as determined following an inspec-
lion by the appropriate enf6¥~e'm~iit' agency. as defined
iw'~'ction 18207 of the Health and Safetv Code.
fc) The mobilehome is more than 17 v~ars old. or more
than 25 years old if manufactured after S~ptember 15. 197 I.
and is re'~' th'Fr-20 feet' ~ide, and the mobilehome does not
comply '~$t'W'i~"~iS~[ruc'~i'6rr and safety standards under
Sections 18550. 18552. and 18605 of the Health and Safety
Code and the regulations established thereunder. as dete/-
mined following an inspection by the appropriate en-
forcement agency, as defined in Section 18207 of the
Health and Safety Code.
~d) It is in a significantly rundown condition or in disrepair.
as determined by the general condition of the mobilehome and
its acceptability to the health and safety of the occupants and to
the public. exc_i~sive 9f_!t..s..ag.e_.. The management' shall u~e
reasonable discretio_n_ in determining the general condition of
the mobilehome and its accessory structures. The management
shall bear the burden of dern~nstratlng"i~fit the mobilehome is
in a significantly rundown condition or in disrepair:. ....
798.74. (a~ The management may require the right of
prior approval of a purchaser of a mobilehome that will
remain in the park and that the selling homeowner or his or
her agent give notice of the sale to the management before
--',~he close of the sale/' Approval cannot be withheld if the
;' purchaser has the financial ability to pay the rent and charges
of the park unless the manageme.nt reasonably determines
that. based on the purchaser's prior tenancies. he or she will
not comply with the rules and regulations of the park. In
determining whether the purchaser has the financial ability
to pay the rent and charges of the park. the management .shall
n~ r.~.ui.re the purchaser to submit copies of a~'.~' personal ~,.
income tax returns in order to obtain approval for reside.,._nc_,v
~n the park. However. management may require the ~
c"haser~.B~ocument the amount and source of his.0r_h_e_r..g~s
m_onthly income or mean~'~T"fffiancia!.suppo__.__n..
~ d, ',~li 1~'~', Ell-Hi .~t dd~, ', II(tF I11~)1'~ [11~11 L)IiL'
prior Io ~n owner ct'~ mobilehome p~rk ~nlerm~ inig ~ wrYlien
li~ljn~ ~r¢¢menl wilh ~ lic¢n~ed ~1 ¢~l~1~ broker. ~ defined
in Article I Icommencin~ wjJh S¢cnon I(}1~0~ ol'Ch~pler 2 or
P~ I of Division 4 of t~e Bu~ne~ and Prol~ion~ G~c. IOr
the ~alc ot the park, or ol'lcrm~ [o ~¢11 the park Io an) pan~, the
o~ner ~hall provide wri~en n~l~ce ol' hi~ or her intention I;~ ~ell
the mobilehome park by l'ir%~-cla~ mail or by ~'r~onal deliveO
Io lhe pre~iden[, %ecretXO.' and ~rea~urer of an~ re~idem oruani-
zalion t~ed by homeo~ne~ m ~he mobi/ehon~e park'a~ a
nonprofil cobra!ion. ~!~'k c~ralive corralion, or olher
enmv l~r pu~e~ of convenin~ ihe mobilehome park
c'ondominium or ~l~'k c~ralive ownership inlere~!~ ~d
pucc~sin~ [he mobilehome park from lhe muna~emenl of ihe
mobilehome park. An otter ~o sell a park shall no~ ~ construed
as an ot't~r under lhi~ ~u~ivision unles~ ii i~ inilia~ed by lhe pa~
owner or a~en[.
Ib) An owner of a mobilehome park shall no~ ~ required
~o comply wi~h su~ivision la~ unless ~he l~llowin~ condi-
!ion~ are reel:
(I) The resident or~anizalion has firs[ l'umished lh¢ park
owner or park manager a writlen ~OljCe OJ' lhe name and
address of lhe presidenl. secretary, and Ireusurer of lhe resi-
dem or~anizalion Io whom lhe nolice of sale shall ~ ~iven.
(2) The residem organization has ~rs~ nodfled lhe park
owner or manager in wrilin~ lhal lhe park residems are
inleresled in purchasin~ lhe park, The initial nmice by
residem orBanizafion sh~ll ~ made prior ~o ~ wrinen li~in~
or offer ~o sell ~he park by ~he park owner, and ~he residem
organization sh~ll ~ive subsequenl nolice once each ~ear
lhereafier lha lhe park residem~ are inleres~ed in purchasin8
lhe park.
(3) The re~idenl or~anizalion has furnished :he park
owner or park manager a wrinen nmice. wilhin five da~s,
any chan~e in lhe name or addre~ o1' lhe officers or' lhe
re~idem organization ~o whom the nolice of sale shall
it> No~hin~ in [hi~ seelion drivels lhe validilv of lille !o
real property ~ransl~ed in violation of lhi~ seen~n. ahhou~h
a violation ~hall ~ubjec~ lhe seller ~o civil uclion pursuam io
Article ~ I commenein~ wilh Seelion 79~.~4) by homeowner
resideins of ~he park or ~he re~idem or~anizaiGn.
~d) No~hin~ in ~his secdon at'fec~ lhe ability of a licensed
real eslale broker. a~ defined in Article I Ico~mencin~ wilh
Section 10130) of Chapter 3 of Pan I of Division 4 ~t' ~he
Business and Protections Code, Io coileel a commission
pur~uam Io an execuled conlracl ~[ween Ihe broker and lhe
mobilehome park o~'ner.
(e ~ Subdivision (a) does no[ appl~ ~o any of ~he l~llowin~:
(1) Any sale or older lransl~r by a park owner who
natural person ~o an~' relalion specified in Seelion ~01 or
~02 of lhe Probale ~ode.
~ 2 ) Any ~ransfer by raft, devise. or operation of law.
(-t ~ An~' lransfer b~'; co~oralion Io an affiliae. As u~ed
in [his paragraph, "affiliate" means any ~hareholder ot' ~he
~ransfemn~ coloration, an~ co~orali~n or enmv owned or
Coreroiled. direell~ or indireell~. b~ ~he zransl~rri~ colora-
non. or ~n~ olher co~oralion or enmy conlrolled. direellv or
indirecll~, b~ an~ shareholderoflhe lranst~in~ coloralien.
(4) Any ~ransfer b~ a p~nnership !o ~ of ils panners.
(5) ~ convenice ~suhin~ from ~he judicial or nonjudi-
II
cl.H It~FCClt~,,UrC OIa nlor[~a~e (}r deed ol [ru,q L'I1CUIllDCI'iR,,
a mobilehome park or any deed ~ven m lieu OI ~uch
lOreclo~um.
16} Any sale or [r~st~r ~Iween or ~on~ .joinl [enanl~ ~r
~enams in common ownin~ a mobilehome park,
171 The purchase ol'a mobilehome park b) a ~overnmenlal
enlilv under il~ ~wer~ of eramere domain.
(f} Thi~ ~eelion ~hall remain in elfeel onh' unlil Januan
1.19~5. and as oF lhal dale is repealed, unles~a bier enacle~
~lalule. which i~ enacled before January 1. 1995. delete~ or
ex~ends lhal dale.
79~.~1. ~ m~a~emen[ ( I ) shall nol pmhibi~ lhe lis~in~ or
sale ol'a~d mobilehome wi~in ~e p~ by the homeowne~
heir. joim lenai. or ~rsonal represen~a{ive of ~he es~a~e who
~ain~ ownership of ~ mobilehome in lhe mobilehome park
lhmu~h lhe dea~ of lhe owner of lhe mobilehome who was a
homeowner al lhe lime of his or her dea~. or lhe a~en~ of av
such ~rson olher [h~ ~e m~emenl. (2) nor requi~ lh~
se!iin~ horncower 1o ~u~o~ze ~e m~aSemenl ~o de: as lhe
agem in ~e ~le oF a mobilehome ~ a condition of a~mval of
lhe ~yer or pms~live ho~o~er for ~sideney in l~ p~.
A~icle ~. Actions, Proceedings, and
Pena~ies
79~.~4. {a) No ~c~ion ~d u~n ~h~ m~n~m~nC~
~lleged t~ilure t~mazntain the physical i~e~ts i~ the
common faciliti~~ working order'~b~di;ion or
a~e~~n of se~ice may ~ commenced bv~ h~e-
~' unl~ss'/~~~~en given a~ ~st 30
~ays' priornotic~ ~ me Intention to commence me action.
' (~l 'l he n~ce s~all ~ ~n writing, signe~~me~
owner or homeownen m~ing the allegations. and shall
notify the management of the basis of the claim. the s~cific
allegations. and the ~medies ~quested. A notice bv one
h~meowner shall ~ deemed to ~ suf~ci~m n6t'i~e'~'~h~
a~egation to the manageme~V P~~(~ll of
e homeo~~~ '- --.
~c~ The notice may ~ se~ed in the manner prescribed in
Chapter 5 ~commencing with Section 1010) of Title 14 of
Pan 2 or' the Code of Civil Procedu~.
~d~ For pu~o~s of this ~ction. management shall ~
deemed to ~ notified of an alleged failu~ to maintain the
ph>~ical improvements in the common facilities in go~
working order or condition or of an alleged ~duction 01'
~ervices upon substantial compliance by the homeowner or
homeowners with the provisions of suMivisions (b) and ~c).
or when management has ~en notified of the alleged t~i lure
to maintain or the alleged reduction of seaices by a state or
local acehey.
~e~ If the notice is ~ed within 30 ~ys of ~e expiration
the applicable statute of limitations, the time for ~e commence-
mere oF the action shall ~ extended 30 ~ys from the se~ice
of the notice.
~l'~ This section d~s not apply to actions for ~rsonal
injury or wrongful death.
798.85. In any action arising out of the provisions of this
chapler the prevailing party shall ~ entitled to reasonable
attomey's l~es and costs. A party shall k deemed a prevail-
mg pan>' for the pu~ses of this section if the judgmem is
rendered in his or her favor or whe~ the litigation is dis-
missed m his or her favor prior to or during th~ trial. unless
ITEM
17
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
PREPARED BY:
CITY OF TEMECULA
AGENDA REPORT
City Council
David F. Dixon
City Manager
November 24, 1992
Item No. 17 - Boys and Girls Club
City Clerk June S. Greek
BACKGROUND: The staff will finalize a staff report on this item and forward
it to you under separate cover.
JSG
ITEM
NO.
18
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Tim D. Serlet, Director of Public Works/City Engineer
November 24, 1992
Maintenance of Streets Not Within the Maintained Road System
RECOMMENDATION:
Staff recommends that the City Council:
Establish the TCSD as a potential financing mechanism that will finance the design and
construction cost associated with the expense of upgrading non-maintained streets
within the City .to publicly maintained standards (paved).
Direct Staff to expand the TCSD Service Levels to include road maintenance for pre-
existing roads that do not meet current standards for acceptance into the Maintained
Road System.
Establish a policy requiring a signed petition by 50% of the property owners within a
proposed Road Maintenance Service Level accepting the service rates, when
established, prior to forming a new Road Service Maintenance Service Level.
Direct Staff to develop low volume, paved, rural road standards similar to those
currently existing in the Los Ranchitos Development for use in rural areas that have
pre-existing roads that are not publicly maintained or are within a proposed Road
Maintenance Service Level.
Adopt a resolution entitled:
RESOLUTION NO. 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING OFFERS OF DEDICATION FOR STREET
AND PUBLIC UTILITY PURPOSES, BUT NOT ACCEPTING INTO
THE CITY-MAINTAINED STREET SYSTEM, LIEFER ROAD.
Authorize the Public Works Department to solicit informal bids for the construction of
culverts on John Warner Road (5) and Liefer Road (1). The associated design and
construction costs will be reimbursed to the City from the TCSD Road Maintenance
Service Level or an Assessment District when they are formed.
- 1 - pw01 \agdrpt\92~l 124~maintnon.mrs 1117B
BACKGROUND:
The City has a requirement that all new developments install curb, gutter, sidewalk and
pavement as a condition of approval. The streets are dedicated to the City for public street
purposes and accepted for maintenance once the improvements are installed. The initial cost
of the improvements are paid by the property owners, as part of the purchase price of the
home or building. The costs to maintain the streets in perpetuity are the City's. The higher
the standards for new installation of street improvements, the lower will be the ongoing cost
of maintenance.
The City has a number of private and publicly dedicated streets which are unpaved and have
not been accepted for maintenance. Many of these streets were graded to provide access to
large, rural-type lots. Areas with larger lots usually generate less traffic. Also, larger lots
typically have more street frontage, resulting in greater street improvements costs per
individual lot. This combination of low traffic volumes and relatively high individual lot street
improvements costs, along with the desire by some property owners to maintain a rural
· lifestyle, has resulted in many unimproved rural roadways.
The City has received a number of requests from residents in rural areas to maintain their
streets. The incidence of maintenance calls is especially high during periods of rainy weather
when the streets become muddy and nearly impassable because of floodwaters flowing
across the streets at low points. These conditions have also made it difficult for emergency
vehicle access when needed. Liefer Road and John Warner Road are two of the roadways
that fit this category.
Gas tax funds cannot be used to maintain private streets. The use of general funds to
maintain private streets can be considered a gift of public funds and therefore not lawful. One
solution is to accept private streets as public streets. Another possibility is to accept the
dedication of the streets, but not to accept them into the City-Maintained Road System and
instead, establish a maintenance district which would assess the property owners for the cost
of the level of maintenance they request. Once the funding for road maintenance is
established, the remaining issue is determination of the acceptable level of improvements, and
the funding of those improvements.
There are various levels of street improvements ranging from a graded, dir~ street section,
considered a minimum, to streets composed of curb, gutter, sidewalk and asphaltic or
concrete pavement. The various types of roadways with associated characteristics are as follows:
-2- pw01 \agdrpt~92~l 124\maintnon.mrs 1117B
TYPE
GRADED DIRT
(28' roadway
w/4' shoulders)
GRAVEL SURFACE
(28' roadway
w/4' shoulder)
ASPHALTIC CONCRETE
- See City Std #111
(Los Ranchitos)
(28' roadway
w/4' shoulder)
CHARACTERISTICS
Graded, level, native
materials; dusty,
highly erodible, peor ,
in rainy weather.
Graded, level area
with suitable granular
aggregate material as
a wearing surface;
dusty, erodible,
suitable in rainy
weather.
Asphaltic concrete on
aggregate base; hard
surface,
impermeable, long-
lasting.
PROBABLE MAINTENANCE
COST PER 100 FEET OF
LOT FRONTAGE/PER YEAR
$600
$1,800
$205
CURB, GUTTER,
SIDEWALK AND AC
PAVEMENT - See City
Std. # 104
(40' curb-to-curb)
Same as asphalt
concrete above, plus
improved drainage.
$133
The most important factor affecting the serviceability of a roadway is water. Water saturating
the area beneath the road lubricates the underlying soils and causes them to lose their
stability. Crack-sealing and proper drainage minimize water penetration and are priorities in
any road maintenance program. This is also the reason why the road surfaces listed above
which do not have an asphalt or concrete surface require more frequent maintenance. The
above probable costs for non-paved surfaces were based on grading twice a year. However,
this could rise significantly depending on the number and intensity of winter storms.
FUNDING:
As indicated previously, road maintenance of improved streets is a City responsibility. There
are a number of state statutes that can provide a mechanism to install street improvements
and assess the cost upon the adjacent property owners. There are also statutes that would
allow the assessment of street maintenance costs upon the lots which benefit from such
maintenance.
It would seem appropriate that if the residents along an unimproved roadway were to install
paved roadways through an Assessment District process, that the City would assume the
maintenance responsibility once the improvements are installed, similar to all new
development. However, for those residents who would like other options, they should be
allowed appropriate choices. The following are available options:
-3- pw01 \agdrpt~92\l 124\maintnon.mr$ 1117B
TYPE OF ROADWAY
Graded Dirt
Gravel Surface
Asphaltic Concrete
COST OF INSTALLATION
Property Owners
Property Owners
Property Owners
COST OF MAINTENANCE.
Property Owners
Property Owners
City
Staff has investigated the statutes involving Community Service Districts and found that the
proposed improvements are within the powers of a Community Service District. Since the
Community Service District is already formed, the expense associated with establishing an
Assessment District or Community Facilities District can be spared.
The implementation of rural standards will allow property owners to choose the level of
maintenance or improvement cost they wish to bear. If the property owners do not wish to
participate in an on-going maintenance cost, they may elect to use the financing mechanism
of the TCSD to install the minimum improvements that the City will accept for maintenance
and fund it through their annual service rate assessment. The City will then maintain the road
and the road will be eliminated from the maintenance zone once the property owners have
paid the improvement lien. If the property owners do not wish to participate in either option,
the City may vacate the maintenance responsibility at the same public hearing that service
rates are established. However, it should be noted that it may be difficult to vacate the
maintenance responsibilities once they have been accepted.
FISCAL IMPACT:
The residents along John Warner have submitted the attached petition indicating a willingness
to share in the cost of improving their road. However, the residents along Liefer have
submitted no formal petition and many of them have indicated any cost is too high. Both
areas consist of several large vacant lots with the Liefer Road area also having mobile homes
located on some of the parcels.
If proposed Maintenance Zones were established, as shown on Exhibits 3 and 4, with the
minimum improvements as shown, the following costs per parcel could be anticipated. If the
roads were to be improved to a graded dirt road standard with culverts installed, the residents
could anticipate the following costs:
Liefer Rd.:
Grade and compact sub-base, install 2 -
24" culverts, and stabilize with Calcium
Chloride
2,000 (Culverts Only - $ 5,000)
John Warner Rd.:
Grade and compact road, install 5 culverts
along with grouted rip-rap
$50,000 (Culverts Only - $45,000)
-4- pw01 \agdrpt\92\ 1124\meintnon.mrs 1117B
Liefer Rd.:
John Warner Rd.:
PROBABLE
NUMBER PROBABLE CONSTRUCTION ANNUAL MAINT.
OF CONSTRUCTION COST PER COST PER
PARCELS COST PARCEL PARCEL
50 $12,000 $240 $564
39 $50,000 ' $1,282 $376
The above analysis was simply based on cost per parcel. The formation of a Service Level
would most likely consider items such as front footage and direct access when spreading the
benefit, and may result in lower cost to some parcels· The initial cost could be amortized over
five years.
In an effort to provide some assistance to the residents of these areas during times of
flooding, the Council may wish to consider installing only culverts within the existing street
right-of-way and not accept the street for maintenance. This would involve accepting the
existing offers of right-of-way along Liefer Road and obtaining drainage easements from all
property owners within the affected drainage areas. The cost of the improvements and
associated maintenance will then be reimbursed to the City as a condition of any future
Assessment District or TCSD Service Level.
This does not remove the desert crossing at Liefer and does not include emergency
maintenance costs. A petition from the residents adjacent to John Warner Road indicating
their support for culverts is attached. A proposed questionnaire of property owners in each
proposed Maintenance Zone is enclosed for your review·
If the Council chooses to install only minimal drainage improvements, funds are available in
the Public Works Drainage Facilities Maintenance Account No. 100-164-999-5401.
Attachments:
2.
3.
4.
5.
6.
7.
Resolution No. 92-
Petition from John Warner Road Residents
Map of Proposed Liefer Road Maintenance Zone
Map of Proposed John Warner Maintenance Zone
Mail Survey Form
GFB Letter
Community Service District Code; Section 61600 (j)(k)
-5- pwO1\agdrpt~92~l 124\maintnon.mrs T117B
RESOLUTION NO. 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING OFFERS OF DEDICATION
FOR STREET AND PUBLIC UTILITY PURPOSES, BUT
NOT ACCEPTING INTO THE CITY-MAINTAINED STREET
SYSTEM, LIEFER ROAD.
The City Council of the City of Temecula does resolve, determine and order as follows:
WHEREAS, Liefer Road as depicted in Exhibit "A" attached hereto, has been offered
for dedication to the City;
WHEREAS, the legal description for Liefer Road is set forth in Exhibit "B", attached
hereto;
WHEREAS, Liefer Road has not been accepted as a public street and .the City desires
that the offers of dedication be accepted;
WHEREAS, Liefer Road has not been constructed to City standard at this time;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula
as follows:
Section 1. That the City of Temecula accepts the offers of dedication of Liefer Road.
Section 2. That City of Temecula does not accept Liefer Road into the City-
maintained street system at this time.
Section 3. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
at a regular meeting held on the day of , 1992.
ATTEST:
Patricia H. Birdsall, Mayor
June S. Greek, City Clerk
[SEAL]
p:aycncilqider.m - 6-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Tem~ula, California, do hereby certify that
the foregoing Resolution No. 92- was duly and regularly adopted by the City Council of the
City of Temecula at a regular meeting thereof held on the day of ,
1992, by the following yore:
AYP, S:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
pw01 ~egdrpt~92H 124\maintnon.mre 1117B
/!-rr A c . l
EXHIBIT
EXHIBIT "B" TO RESOLUTION NO. 92-
Offers of Dedication and Declarations of Dedication, recorded but
not accepted by the Riverside County Board of Supervisors,
referenced on the following Parcel Maps:'
Offer of 66 ft. Road and Public Utilities easement as recorded as Instrument No. 119016,
recorded December 5, 1968 as shown on Parcel Map per Book 1, pages 44 to 46 of Parcel
Maps.
Declaration of Dedication of 66 ft. road and utilities easement as recorded as Instrument No.
18940, recorded February 18, 1975 as shown on Parcel Map No. 6276, recorded in Book 17,
page 9 of Parcel Maps.
Road and Public Utility easements per deeds recorded as Instruments No. 19223 and No. 16042,
recorded February 27, 1969, and February 6, 1973 respectively, as shown on Parcel Map
No. 6568, recorded in Book 26, pages 34 and 35 of Parcel Maps.
Declaration of Dedication of 66 ft. road and public utilities easement recorded as Instrument
No. 66342, recorded June 6, 1975, as shown on Parcel Map No. 6791, recorded in Book 25,
pages 59 and 60 of Parcel Maps.
Public road and public utility easement as recorded as Instrument No. 18940, recorded
February 18, 1975, as shown on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61
of Parcel Maps.
Offers of dedication for road and public utility purposes made on
Parcel Maps, but not accepted by The Riverside County Board of
Supervisors:
Lots "E" and "F" on Parcel Map No. 6568, recorded in Book 26, pages 34 and 35 of Parcel
Maps.
Lot "B" on Parcel Map No. 6791, recorded in Book 25, pages 59 and 60 of Parcel Maps.
Lot "B" on Parcel Map No. 7822, recorded in Book 29, pages 60 and 61 of Parcel Maps.
Lots "A" and "B" on Parcel Map' No. 7979, recorded in Book 33, pages 73 and 74 of Parcel
Maps.
Lot "A" on Parcel Map No. 10426, recorded in Book 57, page 84 of Parcel Maps.
Lots "G" and "H" on Parcel Map No. 10838, recorded in Book 56, page 42 of Parcel Maps.
p:c~c~f~r.nm
-9-
pw01%agdrpt\92\1124\maintnon.mrs 1117B
Lot "C" on Parcel Map No. 13049, recorded in Book 95, page 35 of
Parcel Maps.
Lots "A" and "B" on Parcel Map No. 13261, recorded in Book 70, page 6 of Parcel Maps.
Offers of dedication for street and public utility purposes, accepted
by the Riverside County Board of Supervisors for vesting purposes
but not as a part of the road-maintained system, as indicated on the
following Parcel Maps:
Lots "C", "D", and "E" on Parcel Map No. 18022, recorded in Book 112, pages 28 and 29 of
Parcel Maps.
Lot "A" on Parcel Map No. 18510, recorded in Book 109, pages 86 and 87 of Parcel maps.
Lots "A", "B", and "C" on Parcel Map No. 19826, recorded in Book 124, pages 32 and 33 of
Parcel Maps.
Lots "A" and "B" on Parcel Map No. 21051, recorded in Book 137, pages 44 and 45 of Parcel
Maps.
All recording data refers to Riverside County Recorder's Office.
p:aymcil%liefer.m - 1 O-
pw01 ~,agdrptX92%1124%maintnon.mrs 1117B
7 .... '7-..(~CJ/'4'II' ............... . . ~-
\
/
/ \~-~
FUTURe CULV~'I'
.... Pi~OPOSEP !~OAP
MAINTE_-NANC~'
I!
I
': : !/
,/. //
///
/'
II
I
I
II
,I
I
, 7
,__--Jr I
il
II II
II
II
II
II
I1
· / H'
II
dl
LOCATION MAP
TCSD
PROPOSED ROAD
LIEFER
RIO, OF PARCg'L~:
MAINTENANCE ZONE
ROAD
STREET LENGTH: z'/'~70O'
i
LEgeND
Q-B.vrU/~E CULVERT ·
CROSSIN6 "
Location Map
N. T. S.
.... FIfOPOSED ROAP ~ /
~A/NTEJ~d~IGE ZONE --
50UNDARY - .-
~ PETITIONE'~ (q~
Teed
PROPOSED R~D MAINTENANC~ ZONE
OONN WA RNER ROAD
~0. OF FARCES:
City of Temecula
43174 Bus~ness Park Dnve · Temecula, California 92590
(909) 694-1989 · FAX (909i 694-1999
November 17, 1992
Dear Property Owner:
The past several rainy seasons have resulted in erosion damage to Liefer Road, making this
road inaccessible during and following rainstorm runoff.
Although this street is not a part of the City-maintained street system, some of your neighbors
have requested that the City of Temecula consider the installation of drainage facilities and
road grading to form a two-lane .rDadway in Liefer Road.
One of the considerations for performing this work is the willingness of the benefited property
owners to participate in the funding for the initial construction and for annual maintenance
COSTS.
The estimated maintenance costs average $600 per year for a 100-foot frontage. Parcels
gaining the benefit of the Liefer Road roadway improvement, but not directly fronting on Liefer
Road, would be participating in the construction and maintenance costs as well. The initial
costs to the property would be higher due to the inclusion of the construction expense,
however this amount could be amortized over a 3 - 5 year period.
We have included a stamped postcard for your response to the following questions:
1. I (we) do not wish to participate at all.
I (we) are willing to accept an assessment between $0 and $600 per year for road
purposes.
I (we) are willing to accept an assessment between $600 and $1000 per year for road
purposes.
We would appreciate your response by December 1, 1992.
Should you require additional information or clarification, please call Scott Harvey at
(909) 694-6411.
Sincerely yours,
Tim D. Serlet,
Director of Public Works/City Engineer
Enclosures: Postcard and Exhibit "A"
pw01 \agdrpt~92\l 124\lieferJtr 111792
PROPOSED ROAD MAINTENANCE ZONE
LIB:I~ ROAD
IPlease return by December 1, 1992)
Per the enclosed letter sad map regarding the Proposed Road Maintensace Zone
("PRMZ") area, please indicate your preference of participation for the PRMZ:
1. I (we) do not wish to participate at all.
2. I (we) ere wling to accept sa assessment between $0 to $600 per year for road
purposes.
3. I (we) ere willing to accept sa assessment between $ 600 to $1,000 per year for
road purposes.
Please indicate your preference number (1, 2 or 3) from above:
Comments:
{Name-Please Print)
(Addtees)
(Signature)
pw01 \agdrpt%92\l 124%liefer.ltr
C
GFB & ASSOCIATES, INC.
Land Development Consultants
November 5, 1'992
City of Temecula
P.O. Box 3000
Temecula, Ca. 92390
Attn: Mr. Tim Serlet,
RE:
City Engineer '
Interim De-Silting Basins
Tom Simm's Property-Santiago Road
Engineering
Planning
Surveying
JN: R567-0101 .....
:
NOV!3
I
ENGL'.jEE~h,j.G :3EPARTn~tENT
Dear Tim:
Our Client, Mr. Tom Simms, was very pleased to cooperate with the
City by allowing the placement of desilting basins in the natural
drainage course which passes through his property parallel with
the Santiago Road frontage.
We understand upstream erosion, resulting from the wash out of
unimproved Santiago and John Warner Roads, creates flooding
problems downstream because the silt fills up the downstream
storm drains.
C
Mr. Simms has personally spent over $50,000.00 trying to form an
assessment district to improve Santiago and John-Warner Roads,
without success, which would probably solve the erosion problems
currently being addressed.
Mr. Simms has addressed a letter to the City Manager and Council
regarding his concerns about the public health and safety risk
associated with the lack of pavement and drainage improvement of
Santiago and John Warner Roads.
Perhaps our letter could also be shared with the City Council
which demonstrates Mr. Simm's cooperation and concerns about his
neighbors.
Yours very truly,
GFB & ASSOCIATES, INC.
resident
CC:
Mr. Tom Simms
Mr. Hal Hefner
GFB:sm
-C
6809 INDIANA AVENUE, SUITE 201 · RIVERSIDE, CA 92506 · {714) 781-0811
."'T;'-' " ¢...r."'
.le 6
:tlon
:600
.605
.610
627
650
710
20.1
720
7.01
740
742
or-
es.
cy
ns
n-
DiV. 3
See.
61601.95.
PURPOSES
§ 61600
Lake Arrowhead community service district; collection, treat-
ment, etc. of sewage and wahte ~ater of inhabitants outside
its boundaries; conditions.
61601.10. El Doraelo Hills Community Services District; enforcement
of tract covenants, conditions and restrictions; architect-
ural control committee duties.
61601.11. E1 Dorado Hills Community Services District; electrical en-
ergy supply works and services; acquisition from utilities;
revenue bonds; surplus works or energy.
61601.12.. Additional purposes; submission of proposition of additional
powers to voters.
61602. Divestiture of powers.
Ol~apten' 1 wo~ added b~l Brats.1955, c. 1746, p. 821S,
§ 8. ~ee Histo~cal Note usu~r Div~on l~eading preced~n4
§ 61000.
§ 61600. n erauo- of purpo__
A district formed under this law may exercise the powers herein-
after granted for such of the following purposes as have been desig-
nated in the petition for formation of such district and for such oth-
ers of the following purposes as the district shall adopt as hereinafter
provided:
(a) To supply the inhabitants of the district with water for do-
mestic use, irrigation, sanitation, industrial use, fire protection, and
recreation.
(b) The collection, treatment or disposal of sewage, waste and
storm water of the district and its inhabitants.
(c) The collection or disposal of garbage or refuse matter.
(d) Protection against fire.
(e) Public recreation by means of parks, including, but not lim-
ited to, aquatic parks and recreational harbors, playgrounds, goff
courses, swimming pools or recreation buildings.
(f) Street lighting.
(g) Mosquito abatement.
(h) The equipment and maintenance of a police department or
other police protection to protect and safeguard life and property.
(i) To acquire sites for, consU'uct, and maintain library build-
ings, and to cooperate with other governmental agencies for library
service. ·
(J) The opening, w~.dening, extending, straightening, surfacing,
and maintaining, in whole or part of any street in such district, .sub-
377
§ 61600 COMMUNITY SERVICES DISTRICTS Title 6
ject to the consent of the governing body of the county or city in
which' said improvement is to be made.
(k) The construction and improvement' of" bridges, culverts,
curbs, gutters, drajxm, and works incidental to the purposes specified
in subdivision (j) , subject to the consent of the governing body of the
county or city in which said improvement is to be made.
(Z) The conversion of existing overhead electric and communica-
tion facilities to underground locations, which facilities are owned
and operated by either a "public agency" or a "public utility" as de-
fined in Section 5896.2 of the Streets and Highways Code, and to t~ke
proceedings for and to finance the cost of such conversion in accord-
ance with the provisions of Chapter 28 (commencing with Section
5896.1) of Pan 3 of Division 7 of the Streets and Highways Code,
subject to the consent of the public agency or public utility responsi-
ble for the owning, operation and maintenance of such facilities.
Nothing herein contained shall be construed as giving a district
formed under this la"~; the. power to install, own or operate such facil-
ities as are described in this subdivision.
(m) To contract for ambulance service to serve the residents of
the district as convenience requires, if a majority of the voters in the
district, voting in an election thereon, approve.
(n) To provide and maintain public airports and landing places
for aerial traffic.
(o) To provide transportation services.
(Added by Stars.1955, c. 1746, p. 3213, § 3. Amended by State.1955,. c.
1487, p. 2699, § 2; Slats.1955, c. 1577, p. 3012, § 2; Stat~.1957, c. 66, p.
637, § 11; State.1957, c. 1265, p. 2569, § 1; Slats.1959, c. 653, p. 2629, § 1;
State.1959, c. 1600, p. 3970, § 1; Stars.1963, c. 2067, p. 4315, § 6; Slats.
1968, c. 338, p. 723, § 1; State.1971, c. 182, p. 249, § 2, elf. June 25, 1971;
Stars.1972, c. 258, p. 508, § 1; State.1979, c. 157, p. 352, § 2, elf. June 27,
1979; Slats.1980, c. 296, p. 622, § 2.)
Historical Note
The 1955 amendments added subds. (i),
(j) and (k) [see 1957 amendments note]-
Slats.1955, c. 1487, p. 2699, § 3, pro-
vided as follows:
"Section 2 of this act [amendjtng this
section] shall become operative only i~
Senate Bill No. 1714 of the 1955 General
Session [Stats~1955, c. 1746, p. 3204] is
enacted into law and in such case at the
same time as said Senate Bill No. 1714
takes effect: at which fixne Section 1
(amending forme~, §60600] of tl~.is act ~s
repealed."
Slats.1955, e. 1677, p. 3013, § 3, pro-
vided as follows:
"Section 2 of title act [amending this
section] shall become operative only t~
Sentate Bill No. 1714 of the 1955 General
Session [Sta~sJ955, c. 1746, p. 3204] is
enacted into law and in sucit case at the
same time as said Senate Bill No. 1714
takes effect; at which time Section 1 of
this act [amending former § 6~00] is re-
pealed."
The 1957 amendments added a new subd.
(l), relating to libraries; and deleted
former subds. (i), (j), and (k), relating
to water tor irrigation, street improve-
378
Div. 3
men~, a:
ly.
The If
ing aqua
]Dora" tO
and (k).
and miec
lion and
The 1[
fimited !
(e).
Californl
Cornsun
Content:
County ~
Flood cc
Garbage
Improve
Irrigatic
biosquit,
Permiss~
Police p:
Power o
Recreat!
Sanitary
-~ewer n'
Street li
Vector t
Munic~
CJ.S.
seq.
Ijbrar
Airport
Ere
Land
Urban
Water
Water
Water
FIre
Police
Water
I.
Com
the fo
DEPARTMENTAL REPORTS
TO:
FROM:
DATE:
SUBJECT:
APPROVAL:
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Anthony Elmo, Chief Building Official
November 24, 1992
Building and Safety October Activity Report
RECOMMENDATION: Receive and File
DISCUSSION:
Building permit activity continues to fluctuate from month to month. Building related
permits totaled 453 as compared to 324 in September representing building
construction valuation of approximately $8,562,769. There were 80 new housing
starts for the month. New housing starts for this Fiscal Year thus far totals 245. The
Department collected revenue totaling $214,017.
Enforcement of illegal subdivision sign installations began October 15, 1992, in
conjunction with the kiosk directional sign program along with enforcement of illegal
weekend sign installations.
The following is an update of projects of special note that staff is currently involved
with and/or recently completed:
New Construction
Percent Completed
Rancho California Water District Headquarters
Tamura Corporation
Danny's Carwash
Chili's Restaurant
Pep Boys
Carl's Jr.
40%
100%
100%
3O%
30%
70%
V:%WP%Agenda. Rep%CCCMOct. Rpt
This
Month
. _aNS ut~CE~u: 5
Residential
Commercial 5
Indus t /Warehse
Others 15
TOTAL: 25. O0
PERMITS ISSUED:
Value
CITY OF -,-a?IECITLA
DEPArtMENT OF BEFILDZNG AMD SAFETY
Noz~thl y A~ti vi L-y aeport For: October,
· ~Last = ~ i!~ This Last
Month ' =Fiscal ~Yr/Da~te
~ Year '
10 36 18
15 34
4 8
29.00 78.00
171 108 538
8,562,769 8,971,993 34,245,858
1992
'~=] Last This
Calendar Calandar
~ Yr/Da te Yr/Da te
33 46
17 78 86
1 5 6
1'0 40 136
46. O0 156. O0 274. O0
414 1,350 1318
22,161,632 93,039,351 74,497,177
Fees 185,873
ELECTP, ZCAL 127
Fees 9,483
PLUMBING 62
Fees 12, '891
NNC3aaNICAL 93
Fees 5,770
TOTAL PEEMITS : 453. O0
~TEAL FEES: 214,017
THIS ~B. EOzrz~:iS NO. OF
BLDG PE~NIrTS : P~EP, MITS
SINGLE FAMILY 80
DUPr. fT
tfiJL TZ - FAMIL Y
~CIAL 2
IMDUSTR. LAL
MELOCATE/DMMO
SWIBIZrNG POOLS 7
SIGNS 15
OTwR~ 42
ALTEr/ADD
TO DBeTnT. TNG 14
TO C61~IE~CI4~L 11
TOTAL: 171
This Fiscal Year to DaCe:
Last Fiscal Year to Date:
51,743 340,968 118,477 445,237 565,032
83 452 278 .887 1,055
7,684 33,028 25,181 78,295 82,898
68 273 200 673 694
9,832 28,153 24,338 79,101 96,174
65 304 152 550 713
5,221 21,032 i1,487 36,215 47,298
324.00 1,567.00 1,044.00 3,460.00 3,780.00
74,480.00 423,181.00 179,483.00 638,848.00 791,402.00
245 17,823 170,106
14 2,361 3,344
1
27 613 1,029
47 359 962
136 1,638 2,699
32
36
1
539.00
34,245.858
22,161,632
551 1,624
2,403 6,109
25,748. O0 185,873. O0
187,929.00 6,905,226
0.00
0.00
5,705.00 809,740
0.00
0,00
1,642. O0 71,725
1,321 . 00 21,841
4,337.00 167,667
2,175.00 Ill, 756
8,512. O0 474,814
0.00
211,621.00 8,562,769
This Calendar Year to Date: 74,497,177
Last Calendar Year to Date:. 93,039,351
3J
emilme
20 MONTH REPORT
Oi',,S
INSPECTIONS
1,400 .......................................... ,
......~~.`....~~.~..~~.....~.~..........~~....~~~~....~~.~..~~.................~.~.~~.~.~~..~.~...~.........~......~`..~~.....~..~~`~~~........~~....~...~~~.``.~.~~~.~~~~..~.~..~.~......~~.~....~.....~.......~.~.~...~..~~~~.~...~~.
1,200'. ...................................'.F.
1,000 .........
I',:
800i--' ~'
I
I I
I t.
600] -
I
400i ·
,
200 ~i
0
MAMJ J ASOND'J FMAMJ J ASO'
· ~ Series 1
MONTHS
FROM MARCH 1991 TO OCTOBER 1992
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECU,LA
AGENDA REPORT
City Manager/City Council
Gary Thornhill, Director of Planning
November 24, 1992
Monthly Report
RECOMMENDATION:
Receive and File
Discussion:
The following is · summary of the Planning Department's
caseload and project activity for the month of October, 1992:
Caseload Activity:
The department received applications for 22 administrative cases and 7 public hearing
cases. The following is a breakdown of case type for public hearing items:
* Development Agreement 1
* Revised Permit 1
* Extensions of Time 4
* Parcel Map I
Onaoina Projects:
General Plan: Public Hearings were held before the Planning Commission on
October 19 and November 2, 1992. The Planning Commission reached ·
consensus on the Public Safety, Noise, Air Quality, Community Design,
Economic Development, Growth Management/Public Facilities. The open
space/conservation element received lengthy public testimony and was
continued to the November 2, 1992 meeting. At that meeting, the Commission
directed Staff to remove the draft recreation trails exhibit from the Open
Space/Conservation Element. The Commission then reached · consensus on
the Open Space/Conservation, Housing and Circulation elements.
At the November 23rd meeting, Staff will bring back additional analysis for the
Commission regarding North General Kearney's inclusion in the Circulation Plan.
In addition, the Commission will review the Land Use Element.
S~IONTHLY. RIrI~1992~OCI'.92 vgw
A General Plan meeting has been scheduled for December 7, 1992 to complete
the Land Use Element, as necessary, discuss the Environmental Impact Report
and take formal action on the draft General Plan.
Old Town Master Plan: The Old Town Steering Committee (OTSC) met on
October 15, 1992, and developed the preferred Land Use Plan and the
Recommended circulation alternative for. Old Town. The preferred land use and
circulation plans will be presented to the City Council and Planning Commission
at a November 18, 1992 meeting.
· French Valley Airoort: City Staff sent a comment letter to the ALUC on
October 7, 1992, stating the City's concerns on the draft Comprehensive Land
Use Plan.
Temecula Regional Center Soecific Plan and Environmental Imoact Reoort: This
Specific Plan was presented at a Planning Commission Workshop on May 4,
1992. The Commissioners gave direction to the applicant and staff. This
Specific Plan is currently undergoing revisions in preparation for a Planning
Commission hearing.
Winchester Hills and Camoos Verdes Soecific Plans and Environmental Imoact
Reoorts: These Specific Plans were discussed at a Planning Commission
Workshop on May 4,. 1992. The Commissioners gave direction to the applicant
and staff. The Notice of Completion for the Campos Verdes EIR went to State
Clearinghouse July 10, 1992. Both of these Specific Plans are currently
undergoing revisions in preparation for a Planning Commission hearing.
Rorioaugh Hills Specific Plan: This Specific Plan has not yet been filed with the
Planning Department. The plan proposes to develop 800 acres at an overall
density of 3 units per acre and will contain approximately 30 acres of open
space, neighborhood commercial and two elementary schools. A pre-
'application workshop on this Specific Plan was held at the July 6, 1992
Planning Commission meeting.
Murdv Ranch Specific Plan and Environmental Impact RepOrt: This Specific
Plan was presented to the Planning Commission at a Workshop on April 6,
1992. The Commission provided Staff and the applicant direction relative to
design issues. The applicant has incorporated these changes into the Specific
Plan. This Specific Plan will be scheduled for a Planning Commission meeting
upon completion of the Development Agreement and the Congestion
Management Plan.
Johnson Ranch Soecific Plan: The Johnson Ranch Specific Plan is a mix of
residential land uses and a mixed-use "resort village" core area on 1,765 acres
located adjacent to Anza Road and Borel Road, north of Rancho California Road.
This Specific Plan was submitted in early March. The Notice of Preparation
was submitted to State Clearinghouse on April 17, 1992. A DRC meeting was
held for this Specific Plan on May 14, 1992. A subsequent DRC date has not
yet been set.
S~IONTHLY.RPT%1992~)CT.92 vgw 2
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 24, 1992
Public Works Monthly Activity Report
RECOMMENDATION:
Attached for City Council's review and filing is the Department of Public Works' Monthly
Activity Report for October, 1992.
pwO 1%egdrpt~92~1124~moeetrpt. 10
TEMECULA COMMUNITY
SERVICES DISTRICT
AGENDA
ITEM
NO.
1
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
COMMUNITY SERVICES DISTRICT
NOVEMBER 10, 1992
A regular meeting of the City of Temecula Community Service District was called to order
Tuesday, November 10, 1992, 8:05 P..M., Temecula C.ommunity Center, 28816 Pujol Street,
Temecula. President Ronald J. Parks presiding.
PRESENT: 4 DIRECTORS: Birdsall, Lindemans, Mur~oz, Parks
ABSENT: 1
DIRECTORS: Moore
Also present were City Manager David F. Dixon, City Attorney Scott F. Field and City Clerk
June S. Greek.
PUBLIC COMMENT
None
CONSENT CALENDAR
It was moved by Director Birdsall, 'seconded by Director Lindemans to approve Consent
Calendar Item No. 1.
The motion carried as follows:
AYES: 4
NOES: 0
ABSENT: 1
DIRECTORS: Birdsall, Lindemans, Mu~oz, Parks
DIRECTORS: None
DIRECTORS: Moore
Minutes
1.1 Approve the minutes of October 27, 1992.
GENERAL MANAGERS REPORT
None
""" CSDMIN11110/92 -1- 11118/92
COMMUNITY SERVICES DISTRICT MINUTES
DIRECTOR OF COMMUNITY SERVICES REPORT
None
BOARD OF DIRECTORS REPORT
None
NOVI:MBER 1 O, 1992
ADJOURNMENT
It was moved by Director Birdsall, seconded by Director Muftoz to adjoum at 8:10 P.M.
The next regular meeting of the City of Temecula Community Services District, November 24,
1992, 8:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California.
ATTEST:
City Clerk June S. Greek
President Ronald J. Parks
CSDMIN11110/92 -2- 11118/92
ITEM NO.
2
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
· FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REI~O,RT
BOARD OF DIRECTORS
DAVID F. DIXON, CITY MANAGER
NOVEMBER 24, 1992
LOMA LINDA PARK SITE PROJECT
PREPARED BY: (~ GARY L. KING, DEV. SERVICES ADMINISTRATOR
RECOMMENDATION: That the Board of Directors:
Award contract of $40,050 to Walt Rankin and Associates, Inc. to purchase and
install two (2) tot lots at the Loma Linda Park Site.
DISCUSSION: The City's Capital Improvement Program for Fiscal Year
1993-97 budgeted $200,000 for improvements to the Loma Linda Road Park Site.
These improvements include the installation of two (2) tot lots complete with play
equipment and provisions for handicapped access.
In accordance with the City's purchasing ordinance, staff released requests for
qualifications (RFQ's) to several manufacturers specializing in playground equipment.
· These firms provided an oral presentation to a selection committee comprised of City
Staff. The firms were evaluated based upon the safety, reliability, warranty and cost
of the playground equipment.
As a result of this selection process, staff is recommending that the Board of Directors
award the purchase and installation of the two (2) tot lots to Walt Rankin and
Associates, Inc.
FISCAL IMPACT: The total cost of purchase and installation of the two sets
of play equipment is $40,050. Funds for this purchase are budgeted CIP account
250-190-134-5804.
Z
Z
LOMA LIND'A i
CITY 0 F TEME CULA
CD066~0
SEPTEMBER 24, i 992
CYC, ONE SUOE::
GROUND SPACE --
PROTECTIVE AREA =
] 7' X
33' X
SCOPE OF WORK
Installation of play ground (tot lot) equipment and Play Safe Poured Surfacing per
manufacturers specifications at two (2) separate location as specified in the Loma
Linda Road Park Site Master Plan and further identified in the Loma Linda Road Park
Site Design Plans and Specifications on file With ,~he City of Temecula, Community
Services Department.
NOT TO EXCEED COST
1. Play equipment
2. Play Safe Poured Surfacing
Total (2 Tot Lots)
25,660.40
14,390.00
$400,050.40
SUPPLIER/INSTALLER
Walt Rankin & Associates, Inc.
P.O. Box 2156
La Mesa, California 92044
(619)460-4624
ITEM
NO.
3
APPROVAL ~
CITY
ATTORNEY
FINANCE OFFICE
CITY MANAGER
TO:
CITY OF TEMECULA
AGENDA REPORT
BOARD OF DIRECTORS
FROM:.
DAVID F. DIXON, CITY MANAGER
DATE:
NOVEMBER 24, 1992
SUBJECT:
REDUCTION OF LANDSCAPE BONDS FOR TRACT 22716-
0,-2.-3,-4 - VINTAGE HILLS
PREPARED BY: ,~.~,l~i/
RECOMMENDATION:
BERYL YASINOSKY, SENIOR DEVELOPMENT ASSISTANT
That the Board of Directors:
Authorize the reduction of Landscape Improvement Bond amounts for TCSD
maintenance areas within 22716-0,-2,-3, and -4 - Vintage Hills.
DISCUSSION: On November 29, 1988, Landscape/Erosion Control
Agreements and Surety Bonds for the above referenced development were posted
with the County of Riverside Building and Safety Department by:
TayCo, a .Calif. General Partnership
3991 MacArthur Boulevard, Suite 300
Newport Beach, CA 92660
The developer has since entered into new landscape agreements with the City and
riders have been attached to the original bonds which change the obligee from the
County of Riverside to the City of Temecula. The surety bonds were issued by
American Home Assurance Company and are identified as follows:
1. Tract No. 22716-0; Bond No. PB 194 85 in the amount of $39,500.
2. Tract No. 2271 6-2; Bond No. PB 194 82 in the amount of $75,500.
3. Tract No. 22716-3; Bond No. PB 194 83 in the amount of $38,000.
4. Tract No. 22716-4; Bond No. PB 194 84 in the amount of $48,500.
Agenda Report
November 24, 1992
Page 2
On May 26, 1992, the City Council, acting on behalf of the Board of Directors,
approved the request of Community 'Services Department to accept these tracts
located in Vintage Hills for landscape mainta_nan~e purposes. Beginning with the
Fiscal Year on July 1, 1992, the TCSD assumed those maintenance responsibilities
from the developer.
The TCSD landscape areas within these tracts have been constructed per the
approved plans and inspected and approved by the City's Maintenance
Superintendent. A substantial conformance letter has been issued by the original
landscape architect for the project which identifies the TCSD maintenance areas and
Homeowner Lot Areas.
Planning Department staff has inspected the landscaping for these areas and
· recommends a landscape bond reduction for Tracts 22716-0, -2, and -4. Since Tract
22716-3 has been completed and the last certificate of occupancy has been issued,
staff is recommending a total exoneration of the landscape bond for this tract.
Therefore, it is appropriate to reduce the Landscape Bonds to the following amounts:
Tract No. 22716-0:
Tract No. 2271 6-2:
Tract No. 22716-3:
Tract No. 22716-4:
$3,950
$7,550
$-0-
$4,850
Pending all final clearances, the remaining bond amounts for TCSD maintenance areas
will be released approximately one year from the date of acceptance.
ATTACHMENTS:
1. Riders and Landscape Bonds/Agreements
2. Staff Report, 5/26/92
RIDER
Of Riverside
Building & Safety
AUG 12 1992
ZZ71~-"V
To be attached to Bond No. PB I 94 85
ADMINISTRATION
issued by
AMERICAN HOME ASSURANCE COMPANY
(As Surety) in the amount of THIRTY-NINE THOUSAND: FIVE HUN01~ED tANO NO/1OOTHS
(S 39,500.00 )
Dollars, effective the
ON BEH-A-.LP OF TAYC0
12TH clay of OCTOBER ,19
88
FAVOR OFCOUNTY OF R I VERS I DE
In consideration of the premium charged for the attachedbond, it is mutually understood argiagreedby the Principal and the
Surety that: NAME OF OBLIGEE IS HEREBY CHANGED
FROM: COUNTY OF RIVERSIDE
T0: CITY OF TEMECULA
AJl other items, limitations and conditions of said bond except as herein expressly modified shall remain unchanged.
This .rider shall be effective as of the
22NO day of JULY , 19 92 '
Signed, sealed and dated this the 22N0 day of JULY , 19 92 ·
CERTIFICATE OF ACKNOWLEDGMENT_ "ALL IN ONE" CAL-42
..... ,--- .
-:~ ~ "° "' - °" ;~""-I ?, ~ ,~?-j;';;::":':'~;':"~-~-:.:-:--~-::-:.:..:
~'(~~: name o rson or fxons I
,,if i couvrf ," ' ,a ~o P ~ j xe ' ' '
(), r the emily upon behalf of
· an~ s Stgna[~t ' ' :'
~"-':-' : ';."-' : ": ? ._. : . : . : . : , ._. : . : . .:. . ._. : . ; ~ . . .' .......
....... ?--?-_..~._,.2.2:.:.:.;.?._.:.._.???._.?._.???~.;
;an. Home Assnrance Company POWER OF ATTORNEY
.ml Union Fh-~ Insnrance Company of Pittsbtu'gh, PL
· Bond ~ 70 Pine ,Sent. t, ~ York. N,Y. 10270 No. (13-B-01001
V ALL MEN BY THESE PRESENTS:
Amcriau Home Am~,,~r_ Company, · l~w York mrlnmtlom, asl Na~mal Urn. iota Fsr~ lmsru~ Comps=y o/Pimburlh. p~, · Pe. msytvsnia wrporsliou,
ur.h herr, by rppoint
_Ri,-l,,,,'d IL Hert~rg,, N. 0wens, I. iT, a l.~don, Brisn E. GaS~n: olS~n Frucis~ C. alifornia--
o~lipwry h ~ mtus~ fiw:rm:~.. ~ in the cuetee of ira busimms, axi um bind the
IN WITNESS WHEREOF, Ams,icu
STATE OF NEW YORK }
COUI~ OF NEWYORK}M.
JOS!tff I. NO~ZC:l,lO
Nemmm,~ .e~d;c. 9msm e| New Y~
Me,
,.., ,..,,. ,., ~~
CERTIFICATE
May la, 1~7~
RESOLYED, that t~ Chairm~ ~ tM 9es..t, tM rrmldear, ot at/Vk, rn=ident be, ~
N I~-'~%'ESS WHEREOF,
Elizab~Lh,M. Turk, Se..cr~tarv
FAITHFUL PERFORNANCE BOND
FOR EROSION CONTROL AND LANDSCAPE IMPROVEMENTS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
For:
Erosion Control
Landscape and
Irrigation
Tract No. 22716
Parcel Map No.
Bond No. PB19485
Surety American Home Assurance Comoanv
Address 3 Embarcadero Center
City 'San Francisco, CA 94111
Premium $395.00---
Principal TAYCO
Address 4921 Birch St., Suite 110
Ctty Nevport Beach, CA 92660
Whereas, the County of Riverside, State of California, and TAYCO
(hereinafter designated as "Principal") has entered
· into, or is about to enter into, the attached Agreement whereby Principal agrees to
install and complete the above-designated erosion control, landscape and irrigation
improvements, relating to Tr22716 , which Agreement is hereby
referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said Agreement to furnish a
for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and American Home Assurance Company
as surety, are held and firmly bound unto the County' of Riverside, in the penal su~
of Thirty Nine ThousendFiveHundred ....... Oollars ($39,500.00 )
lawful money of' the United States for the payment of which sum well and truly to be
made, we bind ourselves our heiTs successors executors and administrators jointly
'and severally, firmly by ~hese presents. ' . '
-
The condition of this obligation is such that if the above :bonded' Principal his or
its heirs, executors administrators successors or assigns shall in all things stand
to and abide by, and' well and truly 'keep and perform the c~venants, conditions and pro-
visions in the said Agreement and any alteration thereof made as therein provided, on
his or their part to be kept and performed at the same time and in the manner therein
specified, and in' all respects according to their true intent and meaning and shall
idemnify and save harmless the County of Riverside, its officers agents an~ employees,
as therein stipulated then this obligation shall become null ~nd void- otherwise it
shall be and remain in'full force and effect. '
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by County in successfully enforcing such obligation,
all to be taxed as costs and included in any Judgemerit rendered.
284-44-1
The Surety hereby stipulates and agrees that no change, extension of time, altera' '~
or addition to the terms of the Agre~nent or to the work to be Performed thereunder or
the specifications accompanying the same shall in any way affect 'its obligation on
'this bond, and it does hereby waive notice of any such change, extension of time, alteration
addition
or to the terms of the Agreement or to the work or to the specifications.
Surety further stipulates and agrees that the Provisions of Section 2845 of the Civil
Code are not a condition precedent to the Surety's obligations hereuhder and are hereby
waived by the Surety.
When the work covered by the Agreement is ~onfl~lete and the final planting inspection
has been approved by the Building Director, the amount of the obligation of this bond
is reduced- by_9o% with the.ramai._ntn__9_lOZ held as_s_e_c_u_rtty until the structure is occupied.
CAT. NO, NN0~___'~_
TO 21054 CA (143)
(Corpontion u · ~ of · hnaenkip)
TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Oranee
ctpal and Surety
f
On October 28, 1988 b~m me, the ~der~med, a Noisy hbUc in ~d for
~ SQ2, ~~ ~ David B. Jackson
~ ~y ~ to ~ or ~ m me on ~ ~ of ~~ ~ m ~ ~e ~n ~o
; ~e~b~~tu~ Vice- ~m~J~( ) Ym)~vym~ym m ral Partner
............. - _, ~ ........... ': ...._ 7i ...... ' ' Fttle
Fitle
~ P~,'rn,,-nh~p. the pmnmi~ that executed
the within inmrunsmt, and acknowledged to me that rich
corpontion executed the same u md~ parmet and that
uch pannenhip exe,~t~l the eme.,
· iAAS~n rare IAJ j o l%- ,//
{ OFRCIAL SEAL
DONNISE CLEMMONS
'; Notary Ptitc-C~lfomtl
=,::=,
of Gen. Par:
Id
·
M
J
·
·
i
//~ . '~OTARY PUBLIC
· (Tbb au~ fm off'~'kl ~oratbi eed)
within instrument and acknowledged that he exe-
cured the same.
WITNESS my hand and official seal
..7:..,, ,0TARy,~B~i~.,~AL~iFORNiM ;.
TYANDCOUNTY~SAN~.ANCI~COj~
My Commasstun exl~res M~y 15. 1~I) -
andknow~m
nt on behaff of
o me that such
~ey-in-Fact o[
; unde~slSned,
ally appeared
'~. XN~lI;l'l: -- I! fl
me~ iCIAL SEAL '
m ARV ~LI~IF~NIA~
= O~N~ COUNTY
~ HY C). EXP. DEC, 2, 19~
1' I :111:I~:.1_ _!7 !_el_!'
, personally known to me or
proved co me on the basis of satisfaaory evidence to be
the person__ whose name is subscribed to the
CAT. NO. NN00627
TO 1944 CA (7--82) Jm~TITLE INSURANCE · -: . . 'i~! '
(lndividu. I) AND TRUST
. .t
STATE OF CALIFORNIA .
}
COUNTY OF Orange SS. ' . . "
On October 31, 1988 bcforc me, the undersigned, a Nottry Public in and for
s~id Sure. person~ily ~pparcd 1Ltchard E. Pope
;. Pfi/ICipo! Bond. Office. 70 P|ne Street. New York, N.Y. 10270
POWER OF ATTORNEY
No. 03-B-01001
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company. a New York corporation. and National Union Fire Insurance Company of Pittsburgh. Pa..
a Pennsylvania corporation. does each hereby appoint
---Pierre LeCompce, N. O~ens, Renee C. Bassell: of San Francisco, California---
its true and lawful Attorney(s)-in-Fact. wiffi full authority to execute on its behalf bonds. undertakings. recognizances and other
contracts of indemnity and writings obligatory in the nature thereof. issued in the course of its busin,s. and to bind the respective
company thereby.
IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh.
have each executed these ants
Pras idenc
CERTIFICATE
Exoerpts of Resolutions adopted by me Boards of Directors of American Home Assurance Cornmy and National Union Fie
Insurance Company of Pittsburgh, Pa, on May 18, 1976:
.~'RESOLVED. that the .Chairmen of the BaBe. the President. or tony Vice Presidefit
ferment mcI act for end on behalf of the Company K) axecue txmclk undlrtlkingk rlcoFtiaaflclil led other colltrlctl of iillm~iW Mid wridell
oedi~aterV ~ eta eamm themr. rand to ~tlmch thereto the cmrl~m reel of N Campany, in N wNaettion of is surety iMim;
"RESOLVED, that the qnaNm amcl attestations of math ofrm ~cl the Nd of the ComeeW mmt I~ aftmad m any mch Power of Attorney et tO
my mficlW relating NretO kN facsimile, and any mch Power of Attorney or certificate beeriq Inch foaimib lignamrel or facsimile md dtdl
vliid and bifiding uDon the Carolany when so affixed MIh reelact 10 my bond, underraking, mcognilm or other central of inclemnlW or wridlll
{d)iigetee? M the eattam theetof;
"RESOLVED. that enV inch Attefney-imFeCt dillvetN · mid 41rtificetion thlt the forl~oieI felelutiORI radII be M effm may ieert b Bah
mrtifieatien me ekte thereof, mid date m be net leer thee the ate of deliverf thetool by Nch Attorney-ie-Fact,"
I, Maureen P. Tully, SacraTify of American Home Auurlnce Company and of National Union Fire Insurance Company of
Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions aclo4~ted by the Boards of Directors of these corlxxt-
tions, Ind the Powers of Attorney issued pursuant thereto. are true and correct. and that both the Resolutions and the Powers of
Attorney are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of eech corporation
thisl2Ch day of . Occobe=
· 8_.8.
AGREE1V~NT
FOR PLANTING, WALL AND/OR FENCE INIPROVEIV~NTS
This Agreement, made and entered into by and between the City of Tcmecula, State of California,
hereinaftcr called City, and TayCo, hereinaftcr called Contractor.
FIRST: Contractor, for and in consideration of the issuance of building permits in the development of that
certain land division known as Tract 22716-0 agrees, at Contractor's own cost and expense, to furnish all
labor, equipment and material necessary to perform and complete in a good and workmanlike manner, all
planting, wall and/or fence improvements in accordance with the approved plans in the development of said
land division which have been approved by the City Building Director, and are on file in the Office of the City
of Tcmccula Building and Safety Department and to do all work incidental thereto in accordance with the
standards set forth in Riverside CoUnty Ordinance No. 348, as amended, which arc expressly made a part of
this Agreement. All of the above required work shall be done under the inspection of and to the satisfaction
of the City Building Director and shall not be deemed complete until approval of the final planting inspection
is made by the Building Director. Contractor further agrees to maintain the above required improvements
foilowing the approval of its installation for one year and during this period to restore, repair or replace to the
satisfaction of the Building Director any defective work or labor done or defective materials furnished. The
estimated cost of said work and improvements is the sum of Thirty-nine Thousand, Five Hundred Dollars
r$39,500.00).
""~COND: Contractor agrees to pay to the City the actual cost of such inspections of the works and
improvements as may be required by the Building Director. Contractor funher agrees that if suit is brought
upon this Agreement or any bond guaranteeing the completion of the planting, wall and/or fence improvements,
all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall
be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs,
expenses and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss or damage happening or occurring to the works specified in. this Agreement prior to the completion of
approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured
by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and
all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless City
and the officers and employees thereof from all loss, liability or claim because of or arising out of the acts of
omissions of Contractor, his agents and employees, in the performance of this Agreement, or arising out of
the use of any patent or patented article in the performance of this Agreement.
FOURTH: The Contractor hereby grants to the City, and to any agent or employee of the City, the irrevocable
permission to enter upon the lands of the above referenced land division for the purpose of completing the
improvements. This permission shall terminate in the event that the Contractor has completed the work within
the time specified or any extension thereof granted by the Building Director.
.FTH: Contractor agrees at all times, up to the completion and approval of the final planting inspection by
the Building Director, to give good and adequate warning to the traveling public of each add every dangerous
condition caused by the construction of the improvements, and to protect the traveling public from such
defective or dangerous conditions.
SIXTH: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 hot' ~"
before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining fun
information respecting the progress and manner of work.
SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work
with such diligence as to insure its completion within the sf}eeified time, or within such extension of time as
have been granted by the Building Director, or if the Contractor violates, neglects, refuses or fails to perform
satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement and
notice in writing of such default shall be served upon him. The Building Director shall have the power to
terminate all rights of the Contractor because of such default. The determination by the Building Director of
the question as to whether any of the terms of the Agr~ment or specifications have been violated or have not
been performed satisfactorUy shah be conclusive upon the Contractor and any and all parties who may have
an~ interest in the Agreement or any portion thereof. The foregoing provisions of this section shall he in
addition to all other rights and remedies available to the City under law.
EIGHTH: The Contractor agrees to file with City prior to the date fixis Agreement is executed a good and
sufficient improvement security in any mount not less than the estimated cost of the work and improvements
for the faitlLf'ul perfOrmanCe Of the terms and conditions of this Agreement, and Contractor further agrees that
if the improvement security is a bond and, if the sureties on the faithful performance bond or the amount of
said bonds in the opinion of the Building Director becomes insufficient, Contractor agr~s to *renew each and
every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within
ten days after being notified by the Building Director that the sureties or amounts are insufficier~
Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to .comp}~''-
with said notice, he shall be in default of this Agreement unless all requix~ improvements axe completed withh.
90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties
or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds
securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work
contemplated. to be done under this Agreement extensions of time may be granted from time to time by the
Building Director either at his own option or upon request of the Contractor, and such extension Shall in no
way affect the validity of this Agreement or release the surety or sureties on said bonds. Contractor further
agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement,
including any extensions of time as may be granted therein.
TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement
is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and
the fights and obligations of the parties shall be constructed and enforced as if the Agreement did not contain
the particular part, term or provision held to be invalid.
g:r-gVENTH: Any notice or notices requix~ or permitted to be given pursuant to this Agreement shall
$XFORMSXA(~R- 1 -2 -
served on the other party by mail, postage prepaid, at the following addresses:
TWELFTH: This agreement shall supersede that agreement entitled: Agreement for Erosion Control and
'andsape Improvements between The County of Riverside, and TayCo, dated 11/29/88.
City: Contractor:
Director of Building & Safety
City of Temecuh
43180 Business Park Dr., Suite 200
Temecuh, CA 92390
TayCo, a Callf. General Partnership
3991- FieArthur 'Boulevard
"Suite 300 -
Newport Beach, CA 92660
IN WITNESS WI4h'rREOF Contractor has affixed his name, address and seal.
Dated: ~] {'L, (1~['v
Title:
STATE OF CALIFORNIA, )
) SS.
)
me, ~e un~ni~, a No~ hbHc h nd for
, personally appeared
s~id
, ~own W me W ~ ~e
Co~mfion ~at ex~u~ ~e wi~ ~ment,
~own to me w ~ ~e ~mn who ex~u~ ~
wi~ hs~ment, on ~ of ~e Co~~,
them~ nm~, nd ac~owl~e to me ~t such
Co~mfion ex~ut~ ~e he.
S~FORMS~AGR- 1
-3-
WI'l~my hand and official, seal.
d for said State
OFFICIAL NOTARY ~SEAL
I, AURALCYHARA
RIDER
RE4 ED
BL~c~nX & Safer7
AUS 1 ~ 1991E
To be attached to Bond No. PBI 94 82
AMER I CAN HOME ASSURANCE COMPANY
(As Surety) in the amount of SEVENTY-FIVE THOUSAND
Dollars, effectiTe the
ADMINISTRATION
FIVE HUNDRED AND NO/IOOTHS
(s
'/5,500. O0
12TH day of OCTOBER' ,19, S8
issued b
ON B12..HAL12 012 TAY CO
IN 12AVOR 012COUNTY OF R I VERS I DE
In consideration of thepremium charged for the attachedbond, it is mutually underst_N~ai__snd a~eedby the Principal and t
Suretythat: NAME OF OBLIGEE IS HEREBY CHANGED
FROM: COUNTY OF RIVERSIDE
TO: CITY OF TEMECULA
All other items, limitations and conditions 'of said bond except as herein expressly modified shall remain unchanged.
This rider shall be effective ,e of the 22NO day of JULY ,19 g2
Signed, sealed and dated this the 22NO day of JULY ,19 02
CERTIFICATE OF AC TAYC0 '
:~'~;,l,~,~,~,".,,,. , ,, KNOWLE ped a C. IA ~ m
.!~ ,,,,, 0, ~,,0;;;: ....; :- .; : - -; .; .; .; .; '.?.?~-~_ ; ':,, , ,- ,~ o,,~..·
- . (a~e ' omia, PersonalXy aPPeared z · and for ~e
n i basis of sads[,...l~eG~~
,...., ......., '.:::,,., ,0 ..
: (h~heth--~r7 cu~ed the same in .
Notary Seal: q~4 ~."'~'~ "-,
~.:. ............
:~ l~oed Offsz: 19 !'tin: ~ New York. N.Y. 1.O~ No. 03-B=01001
'~ ALL MEN BY THESE PRESENTS:
.,R.i,'",,'d R. H~.rtzberg, N. C)w~ Lisa I~ngdon, Brian E. Gaw,, of San Franci.zo,.Callfornia--
iw n'~e and lawful AX'tm'ne~s~in.-Faa, wi,h full authority m e=~eut~ m its be. haft bonds, ~ rt. ec~.~,,,.~ and other ~tmu'a~s ~ indemnity and ~itinp
· . in na ,' in ' ' androb' · .
STATE OF NEW' YORK
COUNTY OF NEWYORI}M.
· On this , 7 day er aunm , ~
.ranam Company and Na6onal Union Fu~ Imuranam Company
JOSB,~ I. NOlO
N~m".r PuN;c, S~000 el Ntw Ycrk
No, 01-NC)~S2~'Sdl
O,,.',.e ,,, W..-,.. ~
on May It 197~:
· RF.,SOL~D, mat tM Cm,~-znaa ol ug ~ ~ ~n~ ~ ~ v~ P~I ~ ~ ~ ~ au~ m a~t A~ ~F~ m ~ md
and m ,~ ~m ~ ~g ~ ~ ~ ~y. ~ ~ t~ ~ im ~,~ ~
~g ~m ~ f~ ~ ~ ~ ~ ~ A~ ~~ ~ ~ f~ ~ ~ f~ ~ ~ ~ ~ ~ b~ u~ ~
WrrNESS WHEREOF,
~fi-~beth M. Tuc. k, Se, crctaz7
· ~ational Union Fire Inm~ance Comi of Pittsburgh, Pa.
InCiPll lone O!flte. 70 Pine Street. New York, N.Y. 10770
POWER OF ATTORNEY
No. 03-B-OlO01
KNOW ALL MEN BY THESE PRESENTS: ~'
That American Home Assurance Cornpiny, l New York corporation. and National Union Fire Insurance Company of Pittsburgh. Pa..
a Pennsylvania corporation, does each hereby appoint
---Pierre LeCompte, N. Ovens, Renee G. BasseL: I of San Francisco, California---
its true and lawful Atto~ney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the naNre ~ereof, ironed in the cotam of its business, and To bind the respective
commy thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insure Company of Pittsburgh, Pa.
have each execute these presents
Edvtrd J. Fr~mch, Vice President
COUNTY OF NEW YORK '}
o-e/, 6 ~ee Nay-
A~/~f~m me ~ante the alxxee framed offitef
~a C~ny ~ Nat~ Un~ Fire In~a~ ~y ~E~ L D
~ ~r mriad Min, ~ gk~-As& d Wt ~ uG~ ee ~. 03-475t3 '
f~q im~t ~ 8ffbN me
""'" """ "'=
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Coralany and National union Fie
Insurance Coralany of Pittsburgh, P& on May 18, 1976:
j"RESOLVED, that the Claim me of the leeel. the Presidefit. et e~v Vice President be, led hereby ik authorized to elkPolar Attce,jyl in-Flit to
· riprecent IfXcl ect for and on behalf of the Cornpiny to execute bona, undertakings, rlcognillnell led other co~trlcls of Jndlmnity end 1nildell
oldignite/in ehe f~Nm ~mreof, taxi to leech roefete me ewearea eed ef the Camlacy, in me Ireneeerier ef ia sureW Ixasmeel;
"RESOLVED, thee the Nitsturns and atlaltieas ef eaeh offieers eed the seat ef the CamOeny reef I;e affixed to ey Nch Proear ef Attemef er t9
my mfk=lw relatinf theret~ ~ fro:simile, e~l arty Nch Peer Of Ate ot certificate beerie~ Nch feb lilaetum er flclimile led Ihlll lie
vetid led Illiadiq Upon the CenNleny whefi le I~iaed e alpact ~ Iny bo~. unde'lkinl, e~nilam er ~her eefitre=t ~f bdefmiW ~' wrtdel
"RESOLVED. that say inch Attenef-imFl~t dativerag I mwisi mifkafi~ that N foelgoifi~ relc~uliom Itill bl ia efflct mill iellrt in ~
mrttfketiee me date roereef, said dew m be e~t l~mr men me dam of {teliverf thereof tW Nch Atterney-ie-Fa=t"
I, Mlureen P. TulIV, Secretary of American Home Assurance Company and of National Union FiN insurmca Company of
Pitaburgh, Pa. do hereby certihf that the foregoing excerpts of Resolutions adopted by the Boards of Directors of thee corgora-
tiora, and the Powers Gf Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powere ef
Attarnay are in furl form and effe=t,
IN WITNESS WHEREOF, I hee hereunto set my hand and affixed the facsimile seal of em:h corporation
~3240
Maureen P. TuIIy, Secre~ry ~
mis12:hday~ .October .198.8__~.
I-
+
r
I:
II
.,,I
·
·
The Surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect 'its obligation on
~his bond, and it does hereby waive notice of any such change, extension of time, alteration
Dr addition to the terms of the Agreement or to the work or to the specifications.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil
Code are not a condition precedent to the Surety's obligations hereuhder and are hereby
waived by the Surety.
TICOR TITLE INSURANCE
CAT. NO, NN00636
TO 21954 CA (1--83)
(Corporadon as a Partner of z Partnership)
STATE OF CALIFORNIA
COUNTY OF Orange
On October 28, 1988 before me, the undersigned, a Notary PubLic in and for
said State, penorally appeared David B. Jackson
petionally known to me or proved to me on the ba.~is of u~efaaory evidence to be the person who executed
the within insu'lh-nent as the Vice- President, ]lm4,m~l!lw,x~1,z.m,zl~1ym,x, myym,rmymymv
............... 'P' .... '$"--.- '~' ~, :'TIt :""-Sa.,mkekgk ...... :,kmimlmlmmn,i~mm
Costsin Home.q The,
the corpora ion that execu .e(l the with' ' ent
behalf of ~ayCo, a Ca~zfornia ~enem~ra on
P;T'i'ne~'eh~p, the Ixrme=mbip that executed
the within instrument, and acknowtedBed to me that such
corporation executed the .sttl)e ss such partne~ and that
such pannership executed the same,
WITNESS m ' an an~ o s ' ,
SigllattJre ~Ak 17~~A~/'~# · --
,/,-,<atom, -- m
· CAT. NO. NN00627
TO 194,4 CA
(Individual)
,d~'m'RmX, XmXm'rm~mXmX'mXXmXm=Ge.~,m.a,_,~ of
;~4yf.,unm. be. Mer. 9. 1gg0
(This Lees for otFzcjd notmid reed)
A.~mmmcememmmff
STATE OF CALIFOIUqlA } S$.
COUNTY OF OrRnFe
On October 31, 1988 before me, the undersiLreed, a Notan/Public in and for
tLtchard E. Pope
s21d State, personally appeared
, penonally known to me or
proved to me on the basis of $arj~fac~on/evidence to be
the petson__whose name is subscribed to the
within insttument and acknowledged ti~t he exe-
cuted the same.
WITNESS my hand and official
(This mrr~ for of~cisl notadm.I me`i)
ing inspection
of this bond
is occupied.
pal and 'Surety
L Mgr. nf
:le
;le
:le
unden Sned,
Uy appured
-'y-in-Fact o~
N. UWFNS
NOTARY PUBLIC CALIFORNIA ':-
CITY AND COUNTY OF SAN FRANCISCO ~
My ~ ex;res May 15, 1990 Fm
,dllelllltltlllllllllllelellstllllllllllllllllllllllll,m,
MA-m.e~ REO lees) 1U
.... , and known to
.... .~ u,= person who executed the said ins)t on beha~ o~
the Corporation thereto named, and acknowledged to me that such
Corporation executed the same.
NOTARY PUBUC
the Building Director, to give good and adequate warning to the traveling public of each and every dangerous
condition caused by the construction of the improvements, and to protect the traveling public from such
defective or dangerous conditions.
SIXTH: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 hot ~
before beginning any work and shall furnish said Building DirecWr all reasonable facilities for obtaining full
information respecting the progress and manner of work.
SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work
with such diligence as to insure its completion within the s/~cified time., or within such extension of time as
have been granted by the Building Director, or ff the Contractor violates, neglects, refuses or fails to perform
satisfactorily any of the provisions of the plans and stP~ifications, he shall be in default of this Agreemere and
notice in writing of such default shall be served upon him. The Building Director shall have the power to
terminate all fights of the Contractor becaus~ of such default. The determination by the Building Director of
the question as to whether any of the terms of the Agreement or specifications have been violated or have not
been performed satisfactorily shall be conclusive upon the Contractor and any and all paxties who may have
any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in
addition to all other rights and remedies available to the City under hw.
EIGHTH: The Contractor agrees to file with City prior to the date this Agreement is executed a good and
sufficient improvement security in any mount not less than the estimated cost of the work and improvements
for the faithful performance of the terms and conditions of this Agreement, and Contractor further agrees that
· if the improvement security is a bond and, if the sureties on the faithful performance bond or the mount of
said bonds in the opinion of the Building Director becomes insufficient, Contractor agrees to renew each and
every said bond or bonds with good and sufficient sureties or increase the mount of said bonds, or both, within
ten days after being notified by the Building Director that the sureties or mounts are insufficier
Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to comp~'
with said notice, he shall be in default of this Agreement unless all required improvements are completed within
90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties
or the amount of the bonds or both.
NINTH: It is funher agreed by and between the parties hereto, including the surety or sureties on the bonds
securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work
contemplated to be done under this Agreement extensions of time may' .be granted from time to time by the
Building Director either at his own option or upon request of the Contractor, and such extension shall in no
way affect the validity of this Agreement or release the surety or sureties on said bOnds. Contractor further
agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement,
including any extensions of time as may be granted therein.
TENTH: It is understood and agreed by the parties hereto that if any pan, term or provision of this Agreement
is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and
the rights and obligations of the paxties shall be constructed and enforced as if the Agreement did not contain
the particular part, term or provision held to be invalid.
~-wv'BN'I'H: Any notice or notices requh'ed or permitted to be given pursuant to this Agreement shall
$\FORIVI~XAGR-1 -2-
AGREEM'E~
FOR PLANTING, WALL AND/OR FENCE IMPROVEMY~NTS
This Agreement, made and entered into by and between the City of Temecula, State of California,
hereinafter called City, and TayCo, hereinafter'called Contractor.
WITNESSETH
FIRST: Contractor, for and in consideration Of the issuance of building permits in the development of that
certain land division known as Tract 22716-2 agrees, at Contractor's own cost and expense, to furnish all
labor, equipment and material necessary to perform and complete in a good and workmanlike manner, all
planting, wall and/or fence improvements in accordance with the approved plans in the development of said
land division which have been approved by the City Building Director, and are on f~e in the Office of the City
of Temecula Building and Safety Department and tO do all work incidental thereto in accordance with the
standards set forth in Riverside County Ordinance No. 348, as mended, which are expressly made a part of
this Agreement. All of the above recluixcd work shall be done under the inspection of and to the satisfaction
of the City Building Director and shall not be deemed complete until approval of the final planting inspection
is made by the Building Dir~tor. Contractor further agrees to maintain the above required improvements
following the approval of its installation for one year and during this period to restore, repair or replace to the
satisfaction of the Building Director any defective work or labor done or defective materials furnished. The
estimated cost of said work and improvements is the sum of Seventy-five Thousand, Five HUndred DollarS
t$75,500.00).
"ECOND: Contractor agrees to pay to the 'City the actual cost of such inspections of the works and
. improvements as may be required by the Building Director. Contractor further agrees that if suit is brought
upon this Agreement or any bond guaranteeing the. completion of the planting, wall and/or fence improvements,
all costs and reasonable 'expenses and fees incurred by the City in successfully enforcing such obligations shall
be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs,
expenses and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shah any officer or employee of City, be liable or responsible for any'accident,
loss or damage happening or occurring to the works specified in this Agreement prior to the completion of
approval hereof, nor shah City or any officer or employee thereof be liable for any persons or property injured
by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and
all of said liabilities arc assumed by Contractor. Contractor agrees to protect, defend and hold harmless City
and the officers and employees thereof from all loss, liability or claim because of Or arising out Of the acts Of
omissiOnS Of Contractor, his agents and employees, in the performance of this Agreement, or arising out of
the use of any patent or patented article in the performance of this Agreement.
FOURTH: The Contractor hereby grants to the City, and to any agent or employee of the City, the irrevocable
permission to enter upon the lands of the above referenced land division for the purpose of completing the
improvements. This permission shall terminate in the event that the Contractor has completed the work within
the time specified or any extension thereof granted by the Building Director.
IFTH: Contractor agrees at all times, up to the completion and approval of the final planting inspection by
R.rDER
, be attached to Bond No. PB I 94 83
4ER I CAN HOME ASSURANCE COMPANY
Surety) in the amount of TH I RTY-E I GHT THOUSAND AND NO I 100THS
Building & Safety
AUG 12 1992
ADMINISTRATION
issued by
($ 38 000. O0 )
,liars, effective the 12TH day of OCTOBER ,19 88 -
,~ BEHAI, POP TAYCO
PAVOR OPCOUNTy OF R t VERS 1 DE
co~ideration of the premium chargedMr the attached b on& it is mutually understood anda~eedby the Principal and the
retythat: NAME OF OBLIGEE IS HEREBY CHANGED
:OM: COUNTY.OF .RIVERSIDE
!: CITY OF TEMECULA
I other items, limitations and conditions of said bend except as herein expressly modified shall remain unchanged.
~s rider shall be effective as of the 22ND day of JULY , 19 92 ·
:ned, sealed and dated this the ..... ,t,_ .,
:RTIFICATE OF ACKNOWLEDGMENT - "ALL IN ONE" ' ,, ,-, _ _ _ _c~_,42
On ""~XL'~(d~ate<E) IctC{~ before me, a Notary Public in and for the
State of California I t~f~,
iname of person ¢;r peons)
~l,personally known to me, or F'I proved to me on the basis of satisfactory
, ~;)AC~ ~I'I1H ~ evidence to be the petson(s) whose name(s) is/are subscribed to the within
.... , instrument and acknowledged to me that _he_ executed the same in
, ture(s) on the instrument the person(s) .or the entity upon behalf o
~ _1:19q5 ~ '. which the person(s) acted, ex. ecuted th; instrument-
Notary Seal: ry's Signature
r, ~ ,~I t.gmm. [x,.|rrs April I. i796;' /, ~/~ ,-,r-- / / -,,.,sNt.<4.t '# r~
mSlsfiiSNtHeeSnlHSistalUSlStllSUSUstsSlllnsUsitsl . NOTARY/~jBUC
sex~ed on the other party by mail, postage prepaid, at the following addresses:
TWELFTH: This agreement shall supersede that agreement entitled: Agreement for Erosion Control and
andscape Improvements between The County of Riverside, and TayCo, dated 11/29/88.
City: Contractor:
Director of Building & Safety
City of Temecuh
43180 Bumass Park Dr., Suite 200
Temecula, CA 92390
TayCo, a Calif. General Partnership
3991 MacArthur Boulevard
"Suite 300
Newport Beach, CA 92660
IN WITNESS ~OF Contractor has aftheed his name, address and seal.
Dated:
STATE OF CAIiFO~, )
TrY oF
) SS.
)
ON C)(~.-h~Of (n ,19qS:~,-before
me, ~e undeni~, a No~ ~b~e ~ nd for
said State, personally appeared
, ~own to me m ~ ~e
Co~on ~ ex~ut~ ~e wi~ hmm~t,
~own W me W ~ ~e ~n who exut~ ~e
wi~ hmment, .~ ~ of ~e Co~~,
· e~ nm~, ~d ~owl~ge W me ~ ~ch
Co~m~on ex~ut~ ~e ~e.
WH'N~S my hand and official seal.
Pub d foF ~ State
, OFSOM~HOTARYSF. AL ,
S~FOPJAS~AGR- 1 -3 -
For:
FAITHFUL PERFORHANCE BOND
FOR EROSION CONTROL AND LANDSCAPE IMPROVEMENTS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
Erosion Control -
Landscape and
Irrigation $ 38,000.00
Tract No. 22716-3'
Parcel Map No.
Bond No. PB19483
Premium $380.00---
Principal TAYC0 '
Address 4021 Birch St., Suite 110
City Newport Beach, CA 92660
Surety American Home Assurance Company
Address 3 Embarcadero Center
City San Francisco, CA 94111
Whereas, the County of Riverside, State of California, and TAYCO.
(hereinafter designated as "Principal") has entered
into, or is about to enter into, the attached Agreement whereby Principal agrees to
install and complete the above-designated erosion control, landscape and irrigation
improvements, relating to Tract22716-3 , which Agreement is beret'
referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said Agreement to furnish a bond
for the faithful Performance of said Agreement;
NOW, THEREFORE, we, the Principal and American Home Assurance Company
as surety, are held and firmly bound unto the County of R~verslde, in the penal su~
of Thirty Eiqht Thousand--- Dollars ($ 38,000.00
)
lawful money of the-United 5tares, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators,-jointly
and severally, firmly by these presents. - .
The cunditton of this obligation is such that if the above bonded Principal his or
its heirs, executors administrators successors or assigns, shall in all things stand
to and abide by, and' well and-truly 'keep and perform the covenants, conditions and pro-
visions in the said Agreement and any alteration thereof made as therein provided, .on
his or their part to be kept and performed at the same time and in the manner therein
specified, and in' all respects according to their true intent and meaning, and shall
idemnify and save harmless the County of Riverside, its officers, agents and eBq~loyees,
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be tncluded costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by County in successfully enforcing such obligation
all to be taxed as costs and included in any Judgemerit rendered, '
284-44-1
,n,Home Assurance Company
! Union FLr~ In-~urnnce Compel, of Pittsburgh, PL
~sd OFF,,'," 70 Pis~Sa~t, New Ymt, N-Y. 102~
POWER OF
No.
ALL MEN BY IHF_,SE PRESENTS:
Amtrican Home Aa~rsnc= Company, · ~ York ozp~ralion, and ~ U~ F~ hc~ ~t
-Ri-~,-d IL Hcd~er& N. Owean, Lisa ~ --gdon, Brlan E. Gagan: d San Fiancis~ California--
.liptory in tl~ natu~ tlgn~of, issmsd ia tl~Rmx~oeim bmim~, mad m bind fig g nxnlznY tb~-
j.
TATE OF NEW YORK }
'OUN'I~ OF NEWYORI}M.
On ~ 7 4ay of Autust , ~
:for~ . tang the abo~ nanssd o4fzn~ o~ ~ Homc
.~urtmz Company and National Union Fu~ Insuran~ Compsmy
; Pitt.~urgh, Pa=, to n~ l~rstmally known to b~ th~ individual and
;ricer d~scn'b~ her~in, and admowt~dg~ ~at !g e.m~uted ~
~r~loing instrungnt tad a/farad ths seals d said mqmmtioes
:~z~to by authority of his ca's~
Mark ~g~~or Vic~ Prcdch:nt
JOS!tM !.
NoIII lLd~c, guM' et New
No.
CERTIFICATE
~rpts d gtsotutions sdoptsd by fig BonnIs d Dimtin d Amrkma Hom~ Amrzmz C. anpuy and Naticsal Unk~ Fh-~ .Innan= Company d Pira~utlh, Pa.
a May 1~, 1~76:
,~ESOLVED, that 0g C:aaimaa dug ~ rig Pmi~at, or a~ v'~= ~t be~ and ~ i,. muthoriald to al~:a)int AmnueTt,'~Faa to t~ptusat and
:t for tnd oa b~half o~ fig Company m mrs bonds, uslsnakin~ nsopinnns ~ otlgt ctmtnns of iml~mmty amt wdH,,p ~iiptm7 in the namm the~d,
nd to att~h tlgmm tls et~tsta~ ~ d tls Coralany, ia ~ tnnsankm e~ im mint7
:lating thereto by fs:simile, and any such Pes~t d Am:ms,7 or ~zz~Lrnm bearing such fm:simi~ signat'rims ot fanimPs se. tl &ha~ b= valid md bindinS ulxz
~mpany wtgn so alrm:d witk nsp~t Io any bond, gn6cr~ m:z~'-"'-- ot otlM'r cmtrm d lade, realty o¢ m-itin{ obli~toO, ha fig natur=
RE.SOLVED, that any s~h ~Fact 6eliv~ring a Kn~mrial n. rtit'ntion that t~ fof~-going mtlut/oos still b= in e. tr~t may ~ in nu:h ~-tit'a=tion the
· ~.-beth i~ Tudm, Sa:~aO, of/uncdmn Hom~ ~ Com!~ay ud d Na~:mai Unioa Fm~ lamun,s~ Camptony ~ Pinsm. m-l~, Pg- do ~ ~ that ~m=
on~ ~,d t~at b,xh tb~ibst~ued~ns a~d'm"'P~n of/mong'y. ga~in fuU f~mad dfmn~i-
m~t~is y'ds ~ ,19_._.
y of ittsburgh
Bond Office. ?0 Pine Biteel. New Yolk, N.Y. 10210
POWER OF ATTORNEY
No. 03-8--0 XO0 1
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh. Pa.,
a Pennsylvania corporation, does each hereby appoint
---Pierre LeCompte, N. O~ens, Renee C. BUse~l:: of San Francisco, California---
its TNe and I~wful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, PB.
have each executed these presents
this 6 day of }lay
EdvL"rd' 3. Fr~eh, Vice President
STATE OF NEW YORK l, ,~~~
COUNTY OF NEW YORK } t,. D4/~, ~
On mi~ 6 ear d Hay - . IS 87 , e~
befm me came ~e above named officer el Ameeieee Home MINDAN e. Di
offiBM deecribed neeBiB, led ackn~il~d that be execvt~l N Ne. 03-475~da3
theeso by euthoriW of hi effi~ Cmee~,~-- h,~es kay 3L lgll
CERTIFICATE
Exeerlm of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire
Insurenee Company of Pittsburgh. P& on May 18, 1976:
.~"RESOLVED, that the .Chiemen of the Board. the Preeideet, ee any Vke President be, end befitIV is, euthodled to ellpoint Attte,~;Vi i~Flet
· raiNslatE IR¢I act fee NMI On behalf of N ~Y so axecue bondl. undwlskiell, recognizenoel end otl~er ¢oeuegts of indentmW led
;t'-%l m'lf in N nature. ~ereol, end so ettsd, mso ~e emlxmts ,eel el em CameBoW, in N tmme~.m of its NeeW Ixasim:
"REIOLVED, thet ebb elgnaNe~ ~nd attestsliens d sugh offm and ~he ~ of the Compeny may be ef~xed to Bey Neh Peeee e4 AlsoruBy
BAy Wtifats rdl~ieg dterB~l) by fNmknile. Bad 8ny Nch Power of Ate or eortifieete beeeiq inch femimile signaNme er feb sad Bell be
vBlid eegl bierling upon N Cemlxny whee so eftbed with rmpect so ewe, heed, underl king, eecegeiam or o~er ceeu~ct Of indemedW
'RESOLVED, etet Bey ead~ AttoreeV-ie-Feet dltWq · secr~lrist eerttf~etio~ Nt the foel~oq mlok~doel still be in effect mey
mrttfiemiem N dew Iheeef, mid ate to be net btsr ~ N dots ot delivery thereof by suc~
I, Maureen P. Tully, Secretary of American Home Assurance Company and of National .Union Fire Insurance Coralany of
Pimburt. Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of 1tree corlxxa-
tions, and the Powers of ATtorney issued pursuant thereto, are true and correct, and thBt bOth the Resolutions and the Powers of
Attorney are in haiti force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sad of each corlxxation
thbl2th drf of .October
tdauteen P. Tally, L~IfY ~
The Surety hereby stipulates and agres that no change, ·:tension of 'time, alterati)
or addition to the terms of the Agr~ment or to the work to be Performed thereunder or
the specifications accompanying the same .shall in any way affect 'its obligation on
Surety further stipulates and agrees that the rot e work or to the specifications.
When the work covered by the Agreement is complete and the final planting inspection'
has been approved by the Building Director, the .mount of the obligation of this bond
is reduced by 90% with the remaining lO~ held as security until the structure is occupied.
In witness whe_repf. this tnstrua~nt has been duly executed by the Principal and Surety
CAT. NO. NN00636 .................. . ...........
TO 219N. CA (1-.~3l
of. TICOR TITLE INSURANCE '
STATE OF CALIFORNIA
t said State, penonly appeared David B. J:2k~o~the undex~,~ed, · Notary Public in mad for ;
.... - -::'E--_''""""""'""'""""""""""""-
the corpo ' n ~ ae . · . . ...... x ...... -- . . f :
·
I.
Pa"rn,.-nh4p, time pmnaermhip that executed
the within insmnnnent, and acknowledged to me tlmt such
eorporltion executed the Igmne a$ Itmdl pgrtlet grid that
*ch ptrtnaship ~lzd the same.
.TNESS my.. _hand and -'f~t .~
Siftnature ~~ |.A J ~ jj
CAT. NO. NN00621
TO 1944 CA (7--82)
(lndividuaJ)
OFFICIAL SEA!~ ' '
DONNISE CLEMMONS '
Notary Pub~.-Cm~oma,
(This an, f~ official noudal meal)
'itle
ann .ATTllp. N!r.v,T~N~F, AC_T.' ..
STATE OF CALIFORNIA
COUNTy OF Orange
On October 31. 1988
before me, the undersigned. a Notary Public in and for
said State, personally appelred Rlc hard E. PoPe
, persoNlly known to me or
proved to me on the basis of satisfactory evidence to be
che person__ whose nune is subsc?ibed to the
within instrument a~d acknowledged that ~ exe-
cuted the same.
WITNESS my hand and official se~l.
·
~.A-C~iO~ REO (5411M
(This a~a for official nonrim/seal)
: undersigned,
ally appeared
mey-i~Fact o/
and known to
nt on behaff d
D me that such
NOTARY PUBUC
condition caused by the construction of the improvements, and to protect the traveling public from such
defective or dangerous conditions.
SI~I'H: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 houx_
before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining fu TM
information respecting the progress and manner of work.
SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work
with such diligence as to insure its completion within the _st~ed time, or within such extension of time as
have been granted by the Building Director, or if the ContraCtor' violates, neglects, refuses or fails to perform
satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement and
notice in writing of such default shall be served upon him. The Building Director shall have the power to
terminate all rights of-the Contractor because of such default. The determination by the Building Director of
the question as to whether any of the terms of the Agreement or specifications have been violated or have not
been performed satisfactorily shall be conclusive upon the Contractor and any and all panics who may have
any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in
addition to all other rights and remedies available to the City under law.
EIGHTH: The Contractor agrees to f~e with City prior to the date this Agreement is executed a good and
sufficient improvement security in any mount not less than the estimated cost of the work and improvements
for the faithful performance of the terms and conditions of this Agreement, and Contractor further agrees that
if the improvement security is a bond and, if the sureties on the faithfill performance bond or the amount of
said bonds in the opinion of the Building Director becomes insufficient, Contractor agrees to renew each and
every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within
ten days after being notified by the Building Director that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to compl. ~
with said notice, he shall be in default of this Agreement unless all required improvements are completed withia
90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties
or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds
securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work
contemplated to be done under this Agreement extensions of time may be granted from time to time by the
Building Director either at his own option or. upon request of the Contractor, and such extension shall in no
way affect the validity of this Agreement or release the surety or sureties on said bonds. Contractor further
agrees to' maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement,
including any extensions of time as may be granted therein.
TEN'II-I: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement
is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and
the fights and obligations of the parties sha[l be constructed and enforced as if the Agreement did not contain
the particular part, term or provision held to be invalid.
m-~FENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall
served on the other party by mail, postage prepaid, at the following addresses:
S\FORMS%AORol -2-
AGREEIVlF..NT
FOR PLANTING, WALL AND/OR FENCE IMPROVEMF. NTS
This Agreement, made and entered into by and between the City of Temecula, State of California,
hereinafter called City, and TayCo, hereinafter called Contractor.
WITNESSETH
FIRST: Contractor, for and in consideration of the issuance of building permits in the development of that
certain land division known as Tract 22716-3 agrees, at Contractor's own cost and expense, to furnish all
hbor, equipment and material necessary to perform and complete in a good and workmanlike manner, all
planting, wall and/or fence improvements in accordance with the approved plans in the development of said
-land division which have been appwved by the City Building Director, and are on file in the Office of the City
of Temecuh Building and Safety Department and to .do all work incidental thereto in accordance with the
standards set forth in Riverside County Ordinance No. 348, as amended, which are expressly made a part of
this Agreement. All of the above required work shall be done under the inspection of and to the satisfaction
of the City Building Director and shall not be deemed complete until approval of the final planting inspection
is made by the Building Director. Contractor further agrees to maintain the above required improvements
following the appwval of its installation for one year and during this period to restore, repair or rephce W the
satisfaction of the Building Director any defective work or hbor done or defective materials furnished. The
estimated cost of said work and improvements is the sum of Thirty-eight Thousand Dollars ($38,000.00).
_,ECOND: Contracwr agrees to pay to the City the actual cost of such inspections of the works and
mprovements as may be required by the Building Director. Contractor funher agrees that if suit is bwught
upon this Agreement or any bond guaranteeing the completion of the planting, wall and/or fence improvements,
all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall
be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs,
expenses and fees shall be taxed as costs and included in any judgment rendered.
TKIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss or damage happening or occurring to the works specified in this Agreement prior to the completion of
approval hereof, nor shall City or any officer or employee thereof be liable for .any persons or property injured
by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and
all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless City
and the officers and employees thereof from all loss, liability or claim because of or arising out of the acts of
omissions of Contractor, his agents and employees, in the performance of this Agreement, or arising out of
the use of any patent or patented article in the performance of this Agreement.
FOURTH: The ContracWr hereby grants to the City, and to any agent or employee of the City, the irrevocable
permission to enter upon the lands of the above referenced land division for the purpose of completing the
improvements. This permission shall terminate in the event that the Contractor has completed the work within
the time specified or any extension thereof granted by the Building Director.
~"IFTH: Contractor agrees at all times, up to the completion and appwval of the final planting inspection by
~ .e Building Director, to give good and adequate warning to the traveling public of each and every dangerous
AUG 12 1992
ADMINI$TRATION
To be attached to Bond No. PB I 94 84
Dollars, effective the
issuc~l by
AMERICAN HOME ASSURANCE COMPANY
C...~.s Surety) in the amount of FORTY-EIGHT THOUSAND FIVE HUNOF~EO '~NO NO ! I OOTHS
($ 48. 500. O0 )
12TH clay of OCTOBER ,19 88
ON BBHA.LP OP TAYCO
ZN PAVOR OFCOUNTY OF R I VERS I OE
h consideration of the premium charged for the attached bond, it is mutually understood and agreecl by the Principal and the
Surety that: NAME OF OBL I GEE 1S HEREBY CHANGED
FROM: COUNTY OF RIVERSIDE
TO: C I TY OF TEMECULA
All other items, limitations and conditions of said bond except u herein expressiy modified shall remain unchanged.
This rider shall be effectlYe u of the 22NO day of JULY ,19 ..9.Z_ ·
Signed, seiled and dated this the 22ND day of JULY , 19 92 · :
CERTIFICATE OF ACKNOWLEDGMENT- "ALL IN ONE" CAL-42
.;;. ;.;,,-. ,; .'.;. :..-. ;...'~..,-. ;.~. ;. ;. ;.;. ;..-..". ;.;,',, ;,;, ;. ;. ;, ;, ;, ;. ;. :. ;..'-. ;. ;. ;. ;..:.-. ;..':;.:.;.;.;.;.;..-.
Stateof California· - On _\uLu lqq7 before me. a Notary Public in and for the
· - { ate
~ (n~me of person or
·
· personally known to me, or F'I proved to me on the basis of satisfactory
: dence to be the person(s) whose name(s) is/are subscibed to the within
ii Notary Seal' ry's Signature
~- ;:;. -_- ._- -_.~. '-: ~:..: .: : -;- ._. -2 ._-_._. ._- -: ._- .: .:;:: ~' - -': ' : "-":; : ": '-"-""-"-": '-L,";; ? ': ? '-' ~":;~'?~'~'':':~';':~''
TWI:.I .Frr'H: This agreement shall supersede that agreement entitled: Agreement for Erosion Control and
Landscape Improvements between The County of Riverside, and TayCo, dated 11/29/88.
City: Contractor:
Director of Building & Safety
City of Temecuh
43 180 Business Park Dr., Suite 200
Temecuh, CA 92390
J
IN WITNESS WHEREOF Contractor has affixed his name, address and seal.
Dated:
By:
TayCo, a Calif. General Partnership
3991 MacArthur'Boulevard
Suite 300
Newpon Beach, CA 92660
STATE OF CATI~ORNIA, )
) SS.
CITY OF ~'~O ~o(~- ~e.ne F~ )
ON [c , m_q_ before
me, the undersigned, a Notary Public in and for
said State, personally appeared
, known to to be the
ofthe 'C,--.-1, cv ~'~,C4-Y-,e4~c~,~(, e ' the
Corporation th~ executed the within instrument,
known to me to be the person who executed the
within Instrument, on behalf of the Corporation,
therein named, and acknowledge to me that such
Corporation executed the same.
~Public in ~nd for said State
' ~ OI~NOTARY~,-
4 I,,AUI=IAL,,O'I'I~qA
,
,4 MlCemm. Ellilm AUGOI.IBg8 .
S~FORM$~ACiR-I -3-
· fee
FAZTHFUL PERFORMANCE BOND
FOR EROSION CONTROL AND LANDSCAPE IHPROVElqENTS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
For:
Erosion Control -
Landscape and
Irrigation $
Tract No. 22716-2
Parcel Hap No.
Bond No. PB19482
Surety American Eome ,Assurance Company
Address 3 Smbarcadero Center
City San Francisco, CA 94111
Premium $755.00---
Principal TAYCO
Address 4921 Birch So., Suite
Ctty NeVporC Beach, CA 92660
Whereas, the County of Riverside, State of California, and TAYCO ·
(hereinafter designated as 'Principal") has entered
into, or is 'about to enter into, the attached Agreement whereby Principal agrees to.
install and co,~lete the above-designated erosion control, landscape and irrigation
improvements, relating to Tract22716-2 , which Agreement is hereb
referred to and made a part hereof; and
WHEREAS, said principal is required under the. terms of said Agreement to furnish a bond
for the faithful performance of said Agreement; '
NOW, THEREFORE, we, the Principal and American Home Assurance Company
as surety, a~8 held and firm'ly bound unto the County of Riverside, in the penal su;
of Seventy Five ~hoJsandFiveHundred ....... -Dollars (S 75,500.00
lavful money of the United )
States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jotntly
and severally, firmly by these presents. ·
The condition of this obligation is such that if the above bonded Prtnct al' h~s or )
aid Agreement and any alteration thereof made as therein provided on
s or their part, to be kept and performed at the same time and in the manner th;r~in
specified, and tn all respects according to their true intent and meanin and shall I
sh 1 'n in'full force and gerr ume null and void; otherwise tt ~
d effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by County in successfully enforcing such obligation,
all to be taxed as costs and included tn any Judgement rendered.
284-44-1
DW 4i,L MEN BY THESE PRESEN'IZS:
~m~_,,~ Hom~ ~ Company, a Nest Yolt wrporalion, ~ ~ U~ F~ ~ ~Y d ~u~ P~ a Pe~ ~o~
: ptu~nt~
Mark _--~/~.~or Vic= President
'~ OF NEW YORK
)UNT~ OF NEWYORK)M.
JOS!I~ I. NOZZ, QUO
N~lul"v l~d;c,. $1,mm el New Ycrk
CERTIFICATE
May 18, 1976:
~SOLVED, that tlg C~ c~ tJg lkm.'d, the Ptui~nt, ot any V'g pr~t~l~ut be.. and Igr~ ~, authorized m i~.~t A~Fm m r~pr~.nt and
for and on ~ of tl~ Company to rote bond~ und~tUlr. logr. m:Df~ and o0gr ~tmm of indc~nnity and wtit~up ~lilatm"Y in tig natur~ tlicr~oi,
;el to attach th~t~m t~ mqmral~ ar. al ol' fig Company, in L!~ tranr, K'6on o~ its surlty b~aioms~
tur~s snd ancstat3oM ofsuch otT~rsand tl~s~al~U~C''~'nymeybealTugdt°~~d~~m~~tc
>,F.,SOLYED, that rig sipa ' · mru or fa:simi~ ~ rdufi bc wild mad binding upon
~ting thcr~to b~/fscsimil~ gad uy mob poe~r of Anomcy or certif'~ca Ixm'ing ' '
oreparty wh~ mo mtTtmm~d witk r~[m~ m rummy ~,~,~, und~ .ns:s~n~ s migt motfact o( iodco~i~ ot ~'iting obtiptoty in tig nmtus tbmm;~
.~,SOLYED, thmt rummy m:h ~Fm dcli~immg · mm~m'iml crtifkm~m ~mat t~ fm~-%,aing mmcdutkms ~ b~ in ~ffm may imcrt in mudm m.-.m~mti~
am theFoot', said ~mm m Ix not [az~r than fig datm o~ deli~!? ~ ~ mud~ AfiongT-in-FMz-*
orrc~odtbatlx~tl~llzw~v~x~aadt~cPow~mo[AR°m~mi°fvl]f°~gaad~
',N WITNESS WHEREOF,
Elizalx:th M. Tuck, Sr, czcr. ary
FAZTHFUL PERFORMANCE BOND
FOR EROSZON CONTROL AND LANDSCAPE/HPROVEMENTS
COUNTY OF RZVERSZDE
STATE OF CALZFORNZA
For:
Erosion Control -
Landscape and
Zrrtgation $ 48.500.00
Tract No.
22.716-4
Parcel Map No.
Bond No. PB19484
SuretyAmerican Home Assurance Company
Address 3 ~;mbarcadero Center
City San Francisco, CA 94111
Premium $485.00--
Principal TAYCO
Address 4921 Birch St., Suite 110
Ctty NevporC Beach, CA 92660
Whereas, the County of Riverside, State of California, and TAYCO
(hereinafter designated as "Principal") has entered
.into, or is about to enter lnto, the attached Agreement whereby Principal agrees to
tnsta11 and complete the above-designated erosion control, landscape and irrigation
improvements, relattng to Tr22716-4 , which Agreement is hereby
referred to and made a part hereof; and
WHEREAS, said principal is required under the terms 'of said Agreement to furnish a bonf'~
for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal and ~Jaerican Home Assurance Company ,
as surety, are held and firmly bound unto the County of Riverside, in the penal sum
of ~rtv Ei~htThousandFiveHund~ed ..... Dollars ($48;5(:D.00' )
1awl money of the United 5tares, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
The condition of this obligation is such that if the above'.bonded Principal his or
its heirs, executors administrators successors or assigns shall in all things stand
to and abide by, and' well and truly 'keep and perform the c;~enants, conditions and pro-
visions in the said Agreement and any alteration thereof made as therein provided on
his or their part to be kept and performed at the same time and in the manner th;rein
specified, and in' all respects according to their true intent and meaning and shall
tdemnify and save harmless the County of Riverside, its officers agents an~ employees,
as therein stipulated then this obligation shall become null ~nd void- otherwise it
shall be and remain in'full force and effect. '
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by County in successfully enforcihg Such obligation,
all to be taxed as costs' and included in any Judgement rendered.
284-44-1
The Surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terns of the Agreement or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect 'its obligation on
this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Agreement'or to the work or to the specifications.
Surety further stipulates and agrees that the provisions of Section 21)45 of the Civil
Code are not a condition precedent to the Surety's obligations hereuhder and are hereby.
waived by the Surety.
When the work covered by the Agreement is Cmpiete and the final planting inspection
has been approved by the Building Director, the amount of the obligation of this bond
is reduced by 90% with the remaining 10% held as security until the structure is occupied·
CAT. NO.
TO 21OH CA
(torporsdon as s Parma of · Psrmas~p)
STATE OF CALIFORNIA
COUNTY OF Oranee
On October 28, 1988
TICOR TITI. INSURANCE
before me, the underdined, · Notmzy Pubtic in and for
said Stse, personaUy sppesn~ David B. Jackson
personsHy known to me or proved to me on the barn of ssmfsctory cv~ence to be the penon who executed
the W'~T..h~ ~t If the V i C · - Ptclide~lt, 'm'mw4'ie"kqe'w-ZwmvmlrffleZitv,VIRv,ZRt,tfeqj~vmv
.......... ~ .... ~J :' lxm~-Lira -~--tMmemu~dmm
m,:dm~m,,.~ ...._,ekmmmm':--' t, ....":-~.-...x...x-.,, '
_ . )m ........... ~"'X'"X",&lc",lU,,mm('----'im'Lm,F Of
Cost~(n gnmpR Tn~.
P~rr'nprnh~p, the pmnenhip that executed
the within instrument, and scknowledZed to me thst such
M
W
&
m-
I
:tpal and Surety
)
ca1 Partner
itle
L N r. of Gen. Part
it~
itle
CAT. NO. NN00627
TO 1944 CA (7--82)
(Individuai)
STATE OF CALIFORNIA
COUNTY OF Orange
On October 31, 1988
said St·re, personally appeired P~chard E.
(Thb ass for offidd notadd seed)
JTITLE INSURANCE
AND TRUST
AlII~R~EMPkIff
itle
r
before me, the undersigned, a NoraN Pub,it in ·nd for
Pope
, personally known to me or
proved to me on the basis of satisfzaory evidence to be
the person__ whose name :Ls subscribed to the
within instrument and acknowledged that he exe-
cuted the ~rnc.
WITNESS my hsnd znd offic~ai seal.
~ %LfiGE COUNTY
%,, - Y PU3L|C-CALIFORNIA~
MY CDI~. EXP. DrC ~ lggO
(This mm for official notarid reed)
CiTY ,~NO COUNTY OF SAN FRANCISCO;
My Comh,:s~on exmres May [5, l~O -. "' /
~0001mtIImIIteIImIItIiIIiSSISmem~tmItIIIIlIIeHIIN4NNNK{ ' ~
· &A-(30-9C22 REO (~ 1M
he undemgned,
znally appeared
mey-in-Fact o/
t, and known to
ent on behalf of
to me that such
· NOTARY PUBUG
'~r~C:ican Home Assurance Compl
· ariDhal Union Fire Insurance Coel~V of Pittsburgh.
x 'PfI~ClOtl aoncl Office. 10 Pine Sirell. New YOrl[ N.Y. 10210
2 '
POWER OF ATTORNEY
No. 03-B-OlO01
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,
a Pennsylvania corporation, does each hereby appoint
---Pierre LeCompce, N. Ovens, Renee G. Basse~Z:; of San Francisco, California---
its true and lawful Attorney(s)-in-Fact. with full authority to execute on its behalf bonds. undertakings. recognizances and other
contracts of indemnity and writings obligatory in the nature thereof. issued in the course of its business. and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insure Company of Pittsburgh, Pa.
have each executed these presents
this 6 dsy of
gdv~rd J. Fr~-~ch, Vice President
COUNTY OF NEW YORK
on e~ 6 a,
CERTIFICATE
Excerpts of Resolutions adopted by ~e 8oerds of Directors of American Home Assurance Company and National Uniet Fire
Insurance Company of Pitlsbuslh, PL on May 18, 1976:
~I"RESOLVED, that the .Chainnee of the lid, the President or my Vie President be, end he~ il, luth~ to 14~ Attofeeye4e-Flet to
mOlliefit md eft for and De beNIf of 1he ComlMny lo ~llmls befall. underllkinl, recagnizameel md other co~trec~ of k14NmNW end writkle
oblilltoe~ in the nature ~, led to attach diefew the mNINlrlle 1oil of the Centpiny, in the taleseem of is surely INSiRe,;
my wdlkam rdati~g INrelo by facsimib, anti any Mh Poemr of Ate Or certifkate bearje~ NCh flctimib signiNto er fmimile Mel Ihetl be
valid end binding eeo~ the Camlay whe~ m affixed with rmlMct to any bond. unCleraking, elcognizance or olher coalrot of imlemnliv or wrking
"RESOLVED. that any Nch Attorney-M-Fact dllivefieg · ~ecretebl cardfie that the foregoq remludoe~ still be in effm may ielert M lath
certificetioel the Clare theelof, INd dee to be not Islet thet Name of delivery thereof by mad1 Atte'eef-in-Fl~.-
I, Maureen P. Tully, Secrataty of Americsn Home Assurance t;ompany and of National Union Fie Insurance Cornpiny of
Pittsburgh. PL do hereby certify that the foragoing excerl=ts of Resolutions adopted by the Boerds of Directors of these ~
tions, and the Powers of Attorney issued pursusnt thereto, Ire true and correct, and that both the Resolutions and the Po~erl of
Attorney are in full force and effect
IN WITNESS WHEREOF, I have hereunto tot my hand and sffixed the fscsimile seal of esch corporltion
Meureen P. TuIIy, Secretary ~
thisl2th dey of .October .19 8_2.
AGREEIV~,~
FOR PLANTING, WALL AND/OR FENCE IMPROVEM'RNTS
This Agreement, made and entered into by and between the City of Temecula, State of California,
heroinafter called City, and TayCo, hereinafter called Contractor.
W1TNESSET~
FIRST: Contractor, for and in consideration of the issuance of building permits in the development of that
certain land division known as Tract 227164 agrees, at Contract0r's own cost and expense, to furnish all
labor, equipment and material necesssry to perform and complete in a good and workmanlike manner, all
planting, wall and/or fence improvements in accordance with the approved plans in the development of said
land division which have been allproved by the City Building ~or, and are on fie in the Office of the City
of Temeeula Building and Safety Department and to do all work incidental thereto in accordance with the
standards set forth in Riverside County Ordinance No. 348, as amended, which are expressly made a pan of
this Agreement. All of the above required work shall be done under the inspection of and to the satisfaction
of the City Building Director and shall not be deemed complete until approval of the final planting inspection
is made by the Building Director. Contractor further agrees to maintain the above required improvements
following the approval of its installation for one year and during this period to restore, repair or replace to the
satisfaction of the Building Director any defective work or labor done or defective materials furnished. The
estimated cost of said work and improvements is the sum of Forty-eight Thousand, Five Hundred Dollars
r$48,500.00).
'ECOND: Contractor agrees to pay to the City the actual cost of such inspections of the works and
improvements as may be required by the Building Director. Contractor further agrees that ff suit is brought
upon this Agreement or any bond guaranteeing the completion of the planting, wall and/or fence improvements,
all costs and reasonable expenses'and fees incurred by the City in successfully enforcing such obligations shall
be paid by Contractors including reasonable attorney's fees, and that upon entry of judgment such costs,
expenses and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident,
loss or damage hal~ning or occurring to the works specified in this Agreement prior to the completion of
approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured
by reason of the acts or omissions of Contractor, his agents or employees in the performance of the work, and
all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless City
and the officers and employees thereof from all loss, liability or claim because of or arising out of the acts of
omissions of Contractor, his agents and employees, in the performance of this Agreement, or arising out of
the use of any patent or patented article in the performance of this Agreement.
FOURTH: The Contractor hereby grants to the City, and to any agent or employee of the City, the irrevocable
permission to enter upon the lands of the above referenced land division for the purpose of completing the
improvements. This permission shall terminate in the event that the Contractor has completed the work within
the time specified or any extension thereof granted by the Building Director.
2FrH: Contractor agrees at all times, up to the completion and approval of the fmal planting inspection by
the Building Director, to give good and adequate warning to the traveling public of each and every dangerous
condition caused by the construction of the improvements, and to protect the traveling public from such
defective or dangerous conditions.
SIXTH: The Contractor, his agents and employees, shall give notice to the Building Director at least 48 hem
before beginning any work and shall furnish said Building Director all reasonable facilities for obtaining full
information respecting the progress and manner of work.
SEVENTH: ff the Contractor, or his agents or employees, _neglects, refuses, or fails to prosecute the work
with such diligence as to insure its completion within the specified time, or within such extension of time as
have been granted by the Building Director, or ff the Contractor violates, neglects, refuses or fails to perform
satisfactorily any of the provisions of the plans and specifications, he shall be in default of this Agreement and
notice in writing of such default shall be served upon him. The Building Director shall have the power to
terminate all rights of the Contractor because of such default. The dete~on by the Building Director of
the question as to whether any of the terms of the Agreement or specifications have been violated or have not
been performed satisfactorily shall be conclusive upon the Contractor and any and all parties who may have
any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in
addition to all other rights and remedies available to the City under law.
EIGHTH: The Contractor agrees to file with City prior to the date this Agreement is executed a good and
sufficient improvement security in any amount not less than the estimated cost of the work and improvements
for the faithful performance of the terms and conditions of this Agreement, and Contractor further agrees that
if the improvement security is a bond and, if the sureties on the faithful performance bond or the amount of
said bonds in the opinion of the Building Director becomes insufficient, Contractor agrees to renew each and
every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within
ten days after being. notified by the Building Director that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to compl3 "'
'with said notice, he shall be in default of this Agreement unless all required improvements are completed within
90 days of the date on which the Building Director notified the Contractor of the insufficiency of the sureties
or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on .the bonds
securing this Agreement that, in the event it is deemed necessary to extend the time of completion of the work
contemplated to be done under this Agreement extensions of time may be granted from time to lime by the
Building Director either at his own option or upon request of the Contractor, and such extension shall in 'no
way affect the validity of this Agreement or release the surety or sureties on said bonds.. Contraaor further
agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement,
including any extensions of time as may be granted therein.
TENTH: It is understood and agr~ by the parties hereto that if any pan, term or provision of this Agreement
is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and
the rights and obligations of the paxties shall be contacted and enforced as if the Agreement did not contain
the particular pan, term or provision held to be invalid.
ELEVENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be ""
$XFORM~XAGR-I -'7-
APPROVAL
CITY ATTORNEy
FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
BOARD OF DIRECTORS
FROM:
DAVID F. DIXON
DATE:
MAY 26,1992
SUBJECT:
ACCEPTANCE OF EASEMENT DEEDS FOR SLOPE
MAINTENANCE - VINTAGE HILLS
PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR
RECOMMENDATION: That the Board of Directors:
1. Accept Easement Deeds for the TCSD to provide slope maintenance services.
e
Appropriate $4,800 to account #019-193-999-42-5250 to process legal
documents required for dedication purposes.
DISCUSSION: The enclosed easement deeds have been reviewed by staff
to ensure that legal and landscaping requirements have been satisfied· The slope
landscaping areas have been inspected by our Maintenance Superintendent and are
acceptable to our standards. Copies of the site plans for TCSD landscape
maintenance areas are also attached for your review.
The following tracts are being recommended for acceptance:
Tract No. 22715-0, 1, 2.
Tract No. 22716-0, 1, 2, 3, 4.
Tract No. 22915-0, 1, 2, 3.
FISCAL IMPACT: The City collected $4,800 from the applicant to cover the
cost of processing the dedication. Therefore, it is necessary to appropriate $4,800
for outside services - account #019-193-999-42-5250. Cost to maintain the slope
landscaping areas will be included in the annual rates and charges associated with the
FY 1992-93 TCSD Assessments -Service Level C.
served on the other party by mail, postage prepaid, at the following addresses:
TWh"t-FTH: This agreement shah supersede that agreement entitled: Agreement for Erosion Control and
Landscape Improvements between The County of Riverside, and TayCo, dated 11/29/88. ..,
City:- Contractor:
Director of Building & Safer.
City of Temecula
43180 Business Park Dr., Suite 200
Temecula, CA 92390
TayCo;'a Calif. General Partnership
3991 MacArEhur' Boulevard
Suite 300
Newport Beach, CA 92660
IN WITNESS '~OF Contractor has affixed his name, address and seal.
Title:
STATE OF CATII~ORNIA, )
CITY OF (~), ,-,~-, e~
) SS.
.)
oN Oc,bh f "(o ,xgqz.,befo,
me, the undersigned, a Notary Public in and for
sash 2~aje, personally appeared'
, known to me W be the
of the ~ ct , ~ t r~ ~5 fj,'f" ~1' c, j~ ~ ~ the '
Corporation that executed the within i6strument,
known w me w be the person who executed' the
within Instrument,' on behalf of the Corporation,
therein named, and acknowledge W me that such
Corporation executed the same.
WrFNBSS my hand and official seal.
~ NOTARY 8EAL
MV(~mm.E, allm AUG01.1~
S~FORM$~AGR-1 '3-
ITEM
NO.,
4
TO:
FROM:
DATE:
SUBJECT:
A~PROV/~ ~.
CITY ATIX)~Y
FINANC~ OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
BOARD OF DIRECTORS
DAVID F. DIXON, CITY MANAGER'
NOVEMBER 24, 1992
RIVERTON LANE PARK SITE PROJECT
PREPARED BY: ~G~ARY L. KING, DEV. SERVICES ADMINISTRATOR
RECOMMENDATION: That the Board of Directors:
1. Approve the master plan for the Riverton Lane Park Site.
Authorize the preparation of construction documents and release a formal public
bid for the Riverton Lane Park Site Project.
DISCUSSION: On May 22, 1991, the Board of Directors, as a condition for
the approval of Tract Map No. 18518, accepted the dedication of approximately five (5]
acres of land for a proposed park site.
On September 22, 1992, the Board of DirectOrs awarded a contract to the Alhambra
Group to develop a master plan, prepare construction documents, and provide
construction administration services for the development of this park site.
The Parks and Recreation Commission reviewed and approve the master plan for this
park site on November 9, 1992. If this master plan is approved by the Board, staff will
proceed with the development or construction documents for the formal bid process.
A presentation will be made by Vince Didonero of the Alhambra Group concerning the
master plan for the park site,
FISCAL IMPACT: A budget of $200,000 was epproved for this project in the
City's Capital Improvement Program for Fiscal Year 1993-97.
0
0
ITEM NO.
5
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA RERORI
BOARD OF DIRECTORS
DAVID F. DIXON, CITY MANAGER
NOVEMBER 24, 1992
NAMING OF THREE CITY PARK SITES
PREPARED BY: (~
RECOMMENDATION:
GARY L. KING, DEV. SERVICES ADMINISTRATOR
That the Board of Directors:
Consider and if desired, approve names for three (3) city park sites.
DISCUSSION: On September 8, 1992, the Board of Directors adopted Resolution
No. CSD 92-08 for naming parks and recreation facilities. As part of that policy, the
Parks and Recreation Commission was given the responsibility to consider names for
City park sites during a Commission meeting under Commission business.
On November 9, 1992, the Parks and Recreation Commission approved for
recommendation to the Board of Directors, names for two (2) neighborhood park sites
and one (1) community park site (see attached location maps). They are as follows:
1. RIVERTON PARK (5 acre neighborhood park) ·
2. LOMA LINDA PARK (3 acre neighborhood park)
3. RAWHIDE PARK (28.6 acre community park)
The Board of Directors may approve these recommended names or consider any other
names desired.
FISCAL IMPACT:
None
"" la~teemlm~mmdpr. age ll/If/r4
RESOLUTION NO. CSD 92-08
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE TEHE~A COMMUNITY SERVICES
DISTRICT ADOPTING A POLICY FOR NAMING
PARKS AND RECREATION FACHATIES
~~kS, on April 23, 1991, the Board of Directors (the "Board") adopt~ a policy
for naming park3 and recreation facilities; and
WI~'~, the Community 3ervice~ DisU'ict and the Parks and Recreation Commission
requests that the afo~menfloned policy be adoprod by resolu~on;
NOW, THEREFORE, ~ BOARD OF DIRECTORS OF T!:rw. TEHECULA
COMMUNITY SERVICES DISTRICT DOES .I~ri~Y,P~'-~OLVE, DETER~IINE AND
ORDER AS FOLLOWS:
Section 1. That the policy for naming parks and recreation facilities as set forth on
Exhibit 'A' is adopted establishing a uniform policy and procedure that identifies criteria for
the naming of parks and recreation facilities.
PASSED, APPROVED AND ADOPTED this 8th day of September, 1992.
Ronald J. Park.s, President
A'ITEST:
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TENIECULA )
I, June S. Greek, City Clerk of the City of Temecula, HERF-RY DO CERTIFY that the
foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting Of the City Council
of the City of Temecula on the 8th day of September 1992 by the following roll call vote.
AYES: 5 DIRECTORS:
Birdsall, Moore, Lindemans, Mu~oz
Parks,
NOES: 0 DIRECTORS: None
ABSENT: 0 DIRECTORS: None
EXhibit "A"
TENIECULA CONnVIUNITY SERVICES DISTRICT
Naming Parks and Recreation Facilities
PURPOSE
To establish a uniform policy and procedure that identifies
criteria for the naming of parks and recreation facilities.
POLICY
The Park and Recreation Commission will be responsible for the
selection of names for parks and recreation facilities. Once a
name is selected, it will be forwarded to the Board of Directors
for ratification. Staff will be 'responsible for encouraging
citizens and.community organizations to suggest possible names that
will then be forwarded to the Commission for consideration.
At a m~nimum, each park and community building will be designated
a name. Naming of specific areas within a park (garden, swimming
pool, lake, ballfield, etc.) is acceptable but should be kept to a
minimum to avoid confusion. No park shall be given a .name which
might be perceived as controversial by the community. All names
selected shall be acceptable and meaningful to a majority of the
neighborhood/community where the'park or recreation facility is
located.
Priority in naming sites shall be given to geographical locations,
historic significance or geologic features. No park shall.'be named
for a person, except where anlindividual has made a significant
financial contribution toward the acquisition and/or development of
the park or facility, or has been an outstanding long-time
community leader who has supported open space and recreational
activities.
All park and recreation facilities will be designated a formal name
within six months of acquisition or construction. All parks shall
have an entrance sign. Buildings will have an entrance sign and a
plaque inside the facility for name identification.
The name of a park or recreation facility may be changed only after
a hearing is held by the Commission to receive community input and
direction. No name shall be changed unless there is significant
justification and support by the community.
j
RESPONSIBILITY ACTION
Department
Parks and
Recreation
Commission
Department
Acquires a new park or recreation
facility.
Solicits possible names from community.
Forwards suggested names to the Parks and
Recreation Commission for consideration.
Receives any additional community input.
Selects a name for the new park or
recreation facility·
Forwards name
ratification.
to City Council for
Installs the appropriate naming sign or
plaque.
..-/
C
tI i,-
DEPARTMENTAL REPORT
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
BOARD OF DIRECTORS
FROM:
DAVID F. DIXON, CITY MANAGER
DATE:
NOVEMBER 24,1992
SUBJECT:
DEPARTMENTAL REPORT
PREPARED BY: '~-~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR
Staff has held three (3) Project Committee meetings concerning the Pala Road Park
Site. The Project Committee consisted of Ron Parks and Peg Moore from the Board
of Directors; Jeff Nimeshein' and Dee Hillin from the Parks and Recreation
Commission; and members from the Sports Council. This committee forwarded a final
recommendation concerning the master plan design of the park site to the Parks and
Recreation Commission. On November 13, 1992, the Parks and Recreation
Commission held a special meeting to review the design of this park site. After
discussion, it was recommended by the Parks and Recreation Commission to approve
and recommend to the Board of Directors to approve the master plan design for the
Pala Road Park Site. This item will be considered by the Board of Directors on
December 8, 1992.
After a second meeting with the Parks and Recreation Master 'Plan Committee was
held on Tuesday, September 29 at City Hall, staff attended the Planning Commission
meeting on November 2 concerning the Open Space Element of the General Plan. The
Planning Commission recommended that the trails plan for the Open Space Element
be deferred to the Parks and Recreation Master Plan. Staff then met with
representatives from the Meadowview Homeowners Association to review an
alternate equestrian route that would not transverse their association. This alternate
route was supported by the Meadowview Homeowners Association and the Rancho
California Horsemens Association. The Parks and Recreation Master Plan was
reviewed by the Parks and Recreation Commission on November 9, 1992, and was
unanimously approved. The master plan will be forwarded to the City Council once
the General Plan process is completed.
Staff has also been developing conditions for the Winchester Hills and Campos Verde
Specific Plans. A part of these discussions include the possibility of providing a
neighborhood park that would benefit both Winchester Hills and the residents of
Winchester Creek. These negotiations will provide a north park adjacent to the
Winchester Creek homes once the specific plans are approved. Both developments
will create an important impact on the community in terms of parks and recreation
facilities.
Staff is in the process of receiving quotes to instal!, new ballfield fencing on the North
and South fields in Sports Park. This is required to improve the safety of the youth
and adults that participate on these fields. Also, staff has begun the renovations to
the playground area in Sports Park. The playground area will be closed for
approximately two (2) weeks during the construction.
Staff has begun improvements to the Loma Linda Park Site, and the concrete walking
paths are installed. Irrigation improvements will be .completed in the next two (2)
weeks. Further improvements will include hydroseeding and landscaping
improvements, tot lots, picnic tables, barbecues, and passive open space. This park
is scheduled to be completed within ninety (90) dayS.
Staff will proceed with the master planning of Sam Hicks Monument Park once the
Old Town Specific Plan is completed (February, 1993). The improvements to Sam
Hicks Monument Park and whether the museum should be located in the park will
depend on the recommendations from the Old Town Specific Plan.
Parks in both the Paloma Del Sol development (9 acres) and the Presley development
(9 acres) are scheduled to be completed by June 30, 1992. These parks were
conditioned by staff to meet a portion of the Quimby requirements of their respective
developments.
TEMECULA REDEVELOPMENT
AGENCY AGENDA
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
REDEVELOPMENT AGENCY
NOVEMBER 10, 1992
A regular meeting of the City of Temecula Redevelopment Agency was called to order
Tuesday, November 10, 1992, 8:10 P.M., Temecula COmmunity Center, 28816 Pujol Street,
Temecula, California. The meeting was called to order by Agency Member Parks.
PRESENT:
ABSENT:
4 AGENCY MEMBERS:
Birdsall, Lindemans, Parks, Mu~oz
1 AGENCY MEMBERS:
Moore
Also present were City Manager David F. Dixon, City Attorney Scott F. Field and City Clerk
June S. Greek.
PUBLIC COMMENT
None
e
AGENCY BUSINESS
1.
Minutes
It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans
to approve the minutes of October 27, 1992.
The motion carried as follows:
AYES: 4 AGENCY MEMBERS: Birdsall, Lindemens, Parks, Mu~oz
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Moore
Aooroval of Fund Transfers In Accordance with the Caoital Improvement ProQram
It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans
to approve staff recommendation as follows:
2.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 92 - 07
A RESOLUTION OF THE REDEVELOPMENT AGENCY
TEMECULA DECLARING
OF THE CITY OF
CERTAIN FINDINGS REGARDING CITY
RDAMIN 11 /10192 * 1 - 11 I18/92
REDEVELOPMENT AGENCY MINUTES
NOVEMBER 10, 1992
EXPENDITURES IN CONNECTION WITH THE CONSTRUCTION OF A SENIOR
CENTER AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY
REGULATIONS (SECTION 1.103-18)
The motion carried as follows:
AYES: 4
NOES: 0
ABSENT: 1
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
Birdsall, Lindemans, Parks, Mur~oz
None
Moore
EXECUTIVE DIRECTOR'S REPORT
None
AGENCY MEMBER'S REPORTS
None
ADJOURNMENT
It was moved by Agency Member Birdsall, seconded by Agency Member Muf~oz to adjourn
at 8:12 P.M. The motion was unanimously carried with Agency Member Moore absent.
The next regular meeting of the City of Temecula Redevelopment Agency will be November
24, 1992, 8:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California.
Chairperson J. Sel Muf~oz
ATTEST:
City Clerk June S. Greek
RDAMIN11110192
-2-
11118/82