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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JULY 8, 2003 - 7:00 P.M.
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. 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 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956~9(a) with respect to one matter of existing litigation involving the
City. The following case will be discussed: (1) Pechanga Band v. Temecula
Creek Village, LLC, etc.
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956.8 regarding real property owned by EHG Associates and identified
as Assessor's Parcel No. 910-281-003 (located east 1-15 and north of Winchester
Road). Under negotiation is the price and terms of the real property interests.
The negotiating parties are the City of Temecula and EHG Associates. The City
negotiators are Shawn Nelson and Bill Hughes; and real property owned by Taco
Bell Corporation and identified as Assessor's Parcel No. 9t0-283-00t (located
east 1-15 and north Winchester Road). Under negotiation is the price and terms
of the real property interests. The negotiating parties are the City of Temecula
and Taco Bell Corporation. The City negotiators are Shawn Nelson and Bill
Hughes.
3. Public Employee Performance Evaluation of the incumbent for the position of City
Manager pursuant to Government Code Sections 54957 and 54957.6.
Public Information concerning existing litigation between the City and various parties
may be acquired by reviewing the public documents held by the City Clerk.
Next in Order;
Ordinance: No. 2003-08
Resolution: No. 2003-80
CALL TO ORDER:
Prelude Music:
Mayor Jeff Stone
Eve Craig
R:~Agenda\070803 1
Invocation: Pastor Ted Miller of Crossroads Church
Flag Salute:
Mayor Pro Tem Naggar
ROLL CALL:
Comerchero, Naggar, Pratt, Roberts, Stone
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter no~t listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" form must be filed with the City Clerk prior to the Council addressing that item.
There is a five (5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Approval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of May 15, 2003.
3 Resolution Approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
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4
8
9
RESOLUTION NO. 03-
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 Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of May 31, 2003.
Reschedulin,q of September 9, 2003 City Council meetin,q
RECOMMENDATION:
5.1 Reschedule the regular City Council meeting of September 9, 2003, to September
16, 2003, and to perform the appropriate postings and noticing requirements of the
Government Code.
Microsoft Software Licenses
RECOMMENDATION:
6.1 Authorize the purchase of 250 Client Access Licenses (CAL) of Microsoft Windows
2003 Professional from ASAP Software in a three-year agreement for $54,972.50
per year for a total amount of $164,917.50.
AeroSurf Lease A,qreement
RECOMMENDATION:
7.1 Approve the AeroSurf Lease Agreement.
Agreement for Consulting Services between the City of Temecula and PELA
RECOMMENDATION:
8.1 Approve the contract with PELA for landscape plancheck and inspection services in
the amount $100,000.00.
Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez
Corridor)
RECOMMENDATION:
9.1 Adopt resolution entitled:
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RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ
CORRIDOR)
10 Community Facilities District No. 88-12 (Ynez Corridor) Initiation of Action necessary to
foreclose Delinquent Special Tax Liens
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING ACTION TO TRANSMIT TO THE
COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO
CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR OF
THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF
FURTHER DUTY THERETO IN COMMUNITY FACILITIES
DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING
ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX
LIENS; AND ORDERING THE RECORDATION OF A NOTICE
OF INTENT TO REMOVE DELINQUENT SPECIAL TAX
INSTALLMENTS FROM THE TAX ROLL
11 John Warner Road Assessment District - Proiect No. PW02-07 - Water Line Relocation
12
Design - Consultant Services ARreement
RECOMMENDATION:
11.1 Approve an agreement with Kevin Cozad and Associates, Inc. in an amount not to
exceed $16,845.00 to design the necessary Rancho California Water District
(RCWD) facility relocations as needed for John Warner Road Assessment District
improvements - Project No. PW02-07 - and authorize the Mayor to execute the
agreement;
11.2 Authorize the City Manager to approve amendments provided the contract amount,
including amendment, does not exceed $25,000.00.
Acceptance of Offer of Dedication (PM8856-Parcel 1) - Road Purposes on Pechanp.~
Parkway (formerly Pala Road)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
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RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION OF
RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR
PECHANGA PARKWAY (FORMERLY PALA ROAD) BUT NOT
ACCEPTING THAT PORTION OF STREET INTO THE CITY-
MAINTAINED STREET SYSTEM AT THIS TIME
13
Acceptance of Offer of Dedication (PM8856-Parcel 2) - Road Purposes on Pechan,qa
Parkway (formerly Pala Road)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION OF
RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR
PECHANGA PARKWAY (FORMERLY PALA ROAD) BUT NO
ACCEPTING THAT PORTION OF STREET INTO THE CITY-
MAINTAINED STREET SYSTEM AT THIS TIME
14
15
Contract Inspection Services for Building and Safety
RECOMMENDATION:
14.1 Approve an agreement for consultant services with Berryman & Henigar,
consultants, in an amount not to exceed $80,000 to provide supplemental building
inspection services to the Building and Safety Department.
Corporation for Better Housing Senior Housing Proiect
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING SECOND AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND 28500 PUJOL STREET, A CALIFORNIA
LIMITED PARTNERSHIP
16
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Second Readin.q of Ordinance No. 03-06 (Secondary Dwelling Units)
RECOMMENDATION:
16.1 Adopt an ordinance entitled:
5
ORDINANCE NO. 03-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MODIFY THE STANDARDS AND
PROCEDURES FOR APPROVING SECONDARY DWELLING
UNITS (PLANNING APPLICATION PA03-0110)
17 Second Readinq of Ordinance No. 03-07 (Salary for Councilmembers)
RECOMMENDATION:
17.1 Adopt an ordinance entitled:
ORDINANCE NO. 03-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.04.050 OF THE
TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR
COUNClLMEMBERS TO SIX HUNDRED DOLLARS PER
MONTH AS PROVIDED IN GOVERNMENT CODE SECTION
36516 AND PROVIDING FOR REIMBURSEMENT OF
NECESSARY EXPENSES
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT,
THE CITY OF TEMECULA REDEVELOPMENT AGENCY,
AND
THE TEMECULA PUBLIC FINANCING AUTHORITY
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TEMECULA coMMUNi~ SERVICES DISTRICT MEETING
~ ~~~*~*~****************************************************************************
CALL TO ORDER:
ROLL CALL: DIRECTORS:
PUBLIC COMMENTS
President Jeff Comerchero
Next in Order:
Ordinance: No. CSD 2003-01
Resolution: No. CSD 2003-15
Naggar, Pratt, Roberts, Stone, Comerchero
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item no~t 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 for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 24, 2003.
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 22, 2003, 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
R:~Agenda\070803 7
CALLTO ORDER: Chairperson Ron Roberts
ROLL CALL AGENCY MEMBERS:
PUBLIC COMMENTS
A total of 15 minutes is provided so
Next in Order:
Ordinance: No. RDA 2003-01
Resolution: No. RDA 2003-13
Comerchero, Naggar, Pratt, Stone, Roberts
members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not 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 for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 24, 2003.
2 Corporation for Better Housin,q Senior Housing Project
RECOMMENDATION:
2.1 Adopt a resolution entitled:
R:~Agenda\070803 8
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING SECOND AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY
AND 28500 PUJOL STREET, L.P., A CALIFORNIA LIMITED
PARTNERSHIP
PUBLIC HEARING
3 Buildin.q Lease Agreement with Musician's Workshop
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A LEASE AGREEMENT
BETWEEN THE AGENCY AND MUSICIAN'S WORKSHOP
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 22, 2003, City Council Chambers, 43200 Business Park Drive,
Temecula, California.
R:~Agenda\070803 9
Next in Order:
Ordinance: No. TPFA 2003-02
Resolution: No. TPFA 2003-13
CALL TO ORDER: Chairperson Jeff Stone
ROLL CALL
AGENCY MEMBERS:
Comerchero, Naggar, Pratt, Roberts, Stone
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Temecula
Public Financing Authority on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item no.~t 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 for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 24, 2003.
Authorization of Special Tax Levy in Community Facilities District No. 01-2
(Harveston)
RECOMMENDATION:
2.1 Adopt a resolution entitled:
R:~Agenda\070803 10
RESOLUTION NO. TPFA 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 01-2 (HARVESTON)
3 Authorization of Special Tax Levy in Community Facilities District No. 03-1
(Crowne Hill)
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
PUBLIC HEARING
Any person may submit written comments to the Temecula Public Financing Authority
before a public hearing or may appear and may be heard in support of or in opposition to
the approval of the project(s) at the time of the hearing. If you challenge any of the
project(s) in court, you may be limited to raising only those issues you or someone else
raised at the public hearing or in written correspondence delivered to the City Clerk at, or
prior to, the public hearing.
4 Abandonment of Prior Proceedin.q and Formation of New Community Facilities
District - Wolf Creek
(Continued from June 24, 2003)
RECOMMENDATION:
4.1 Continue the public hearing to July 22, 2003.
EXECUTIVE DIRECTOR'S REPORT
BOARD MEMBERS' REPORTS
ADJOURNMENT
R:~,genda\070803 11
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
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 the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
18 Linfield School Master Plan, Zone Change (PA02-0612), Conditional Use Permit, and
Development Plan (PA01-0653)
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM,
FOR THE LINFIELD SCHOOL MASTER PLAN, GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST MARGARITA ROAD AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSORS
PARCEL NO. 955-002-002
18.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOMENT OVERLAY (PDO-7), AND ADOPTING
SECTIONS t 7.22.180 THROUGH 17.22.~88 OF THE
MUNICIPAL CODE INCLUDING THE PDO TEXT AND
DEVELOPMENT STANDARDS, FOR PROPERTY GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST OF MARGARITA ROAD, AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S
PARCEL NO. 955-002-002
18.2 Adopt a resolution entitled:
R:~,genda\070803 12
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA01-0653, A CONDITIONAL USE PERMIT TO ESTABLISH A
MASTER PLAN AND DESIGN GUIDELINES FOR A PRIVATE
SCHOOL COMPLEX, ATHLETIC FIELDS, AND RELATED
FACILITIES, AND FUTURE RESIDENTIAL AREA FOR UP TO
26 RESIDENTS ON A 94-ACRE SITE, GENERALLY LOCATED
BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST
OF MEADOWS PARKWAY, AND EAST OF MARGARITA ROAD
AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002
18.4 Adopt a resolution entitled:
RESOLUTION NO. 03-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 0'1-
0653, A DEVELOPMENT PLAN APPLICATION FOR PHASE A-1
OF THE LINFIELD SCHOOL MASTER PLAN INCLUDING A
TWO-STORY HIGH SCHOOL BUILDING TOTALING
APPROXIMATELY 38,358 SQUARE FEET AND AN
APPROXIMATELY 9,728 SQUARE FOOT ONE-STORY
ADMINISTRATIVE OFFICE BUILDING, GENERALLY LOCATED
BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST
OF MEADOWS PARKWAY, AND EAST OF MARGARITA ROAD
AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, July 22, 2003, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
R:~Agenda\070803 13
ITEM 1
ITEM 2
MINUTES OF A BUDGET WORKSHOP MEETING
OF THE TEMECULA CITY COUNCIL
MAY 15, 2OO3
The City Council convened in a special meeting at 5:38 P.M., on Thursday, May 15, 2003, in
the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. There were no Closed Session items.
Present:
Councilmembers: Comerchero, Naggar, Pratt, Roberts, Stone
Absent:
PUBLIC COMMENTS
No comments.
CITY COUNCIL REPORTS
Councilmember: None
A. Having traveled to Sacramento in order to receive an update of the May revised State
Budget, Councilmembers Comerchero and Roberts provided an information with regard to the
budget, commenting on the uncertainty of Redevelopments funds and on the formation of a
coalition by the League of California Cities called Local -- protecting local assets.
B. Mayor Pro Tern Naggar requested that settlement information be provided to the City
Council and the newspapers with regard to the WalMart lawsuit.
COUNCIL/DISTRICT/AGENCY BUSINESS
1 Review of the FY 2003-04 Proposed Operating Budget
RECOMMENDATION:
1.1
Review and discuss the FY 2003-04 Proposed Operating Budget and provide
direction to staff as appropriate.
By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed Operating
Budget, highlighting main components such as the following:
· Total proposed revenues
o 7.6% increase
$42,696,925
· Total proposed expenditures
o 6.8% increase
$41,490,140
Fund Balance Reserved for Economic Uncertainty
o Undesignated Reserve Fund of $10 million
o $2.5 million to offset potential fiscal impact resulting from State Budget
o $500,000 set aside for the purchase of open space
o Increased Retiree Health Fund
· Public Safety
o $1.72 million increase
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1
o Three additional sworn officers, exceeding the City's one sworn officer to every
1,000 residents ratio (1:1,000)
o Citizens Action Patrol (CAP)
o Citizens Corps Program
Revenue Excess Sharing in Temecula (REST)
o Contribution will increase to $3.12 million
o City contribution to supplement the Measure C Tax
o Utilized for on-going operation and maintenance of the parks and recreation
system
o Cost savings for $72.11 per year to the residents
Additional Budget Highlights
o One new full-time position - Senior Signal Technician
o Reclassification of five positions
· Three of those position are part of a proposed organizational change
to create an Information Systems Department
o Implementation of the Memorandum of Understanding (MOU), including final
implementation of the salary survey in addition to a 3% cost of living increase
o Commitment of $2.1 million toward the City's CIP
o Completion of a five-year General Fund Projection
Community Services District
· Total proposed revenues
$12,187,070
· Total proposed expenditures
$12,187,070
Additional Park and Recreation Facilities
o Sports Complex
o Temecula Children's Museum
o PabloApis Park
o SMART Program - seven park sites in the City
o Movie Nights
Redevelopment Agency
· Total proposed revenues
$12,048,356
· Total proposed expenditures
$12,048,356
Budget Highlights
o First-time Homebuyer Program- $100,000
o Employee Relocation Program - $100,000
o ERAF Shift- $255,000
o Fa(;ade Improvement Program - $75,000
o QId Town Specific Plan Implementation - $132,000
In conclusion, City'Manger Nelson extended his appreciation to the Department Directors and
the Finance Department staff for their efforts associated with this budget.
R:\Minutes\051503
2
Councilman Comerchero commended Finance Director Roberts and her staff on a job well
done. Mr. Comerchero requested that if the $2.5 million set aside for State Budget impacts
were not utilized for those purposes, a portion of it be appropriated toward the Open Space
Fund.
In response to Councilman Roberts' request, City Manager Nelson advised that $38,000 (one-
year rent) would be earmarked to assist the Red Cross and that an agenda item for such an
appropriation would be forthcoming to the City Council.
For Mayor Pro Tern Naggar, City Manager Nelson advised that at such time when the Fund
Balance were less than 20% of the Operating Budget, additional monies would be added to
increase the Fund Balance; that currently the Fund Balance exceeds the 20% of the Operating
Budget, noting that the Operating Budget would have to be in excess of $50 million to not meet
the 20%. Mr. Naggar commended City Manager Nelson and Finance Director Roberts on a job
well done; relayed his concurrence with the creation of an Information Systems Department;
and complimented City Manager Nelson on his efforts to reduce the Police Services ratio to
1:986.
In response to Mayor Stone's request, the budgeted amount for the Public Works Construction
News Report was not eliminated in an effort to continue to apprise the residents of upcoming
projects; and it was suggested that the ads be kept to a minimum and that the City Website be
utilized for more detailed information. Councilman Roberts relayed his support of retaining the
report, suggesting that it only be published when needed and Assistant City Manager O'Grady
suggested the use of the Quarterly Newsletter as another communication tool.
Complimenting the citizens on spending their money within their community, Mayor Stone, as
well, commended the City Council on this City's fortune.
For Councilman Roberts, Assistant to the City Manager Yates provided information with regard
to the proposed increase of $30,000 for animal control services with Animal Friends of the
Valley, noting that the organization's current contract will expire June 30, 2003; that the increase
in license revenues will offset cost for construction of the new facility; that it would be anticipated
that a new contract will be effective by the end of this year; and that the new facility should be
completed within two years.
Councilman Roberts relayed a concern with the organization's lack of computer technology.
City Manager Nelson noted that updates of the new shelter project would be provided in the
quarterly update.
COUNCIL/DISTRICT/AGENCY BUSINESS
2 Review of the Proposed FY 2004-08 Capital Improvement Pro.qram
RECOMMENDATION:
2.1
Review and discuss the proposed FY 2004-08 Capital Improvement Program
(CIP) and provide direction to staff as appropriate.
By way of written material distributed to the City Council, Mr. Jeff Bowers noted that, in his
opinion, the City should strengthen its business attraction efforts and, therefore, requested that
$10,000 per month be earmarked for professional business attraction consulting services.
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3
By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed 2004-2008
CIP Budget, noting the following:
· 109 projects = $462.8 million
o approximately $225.6 million are funded of which circulation projects represent
70%, public facilities 16%, parks 9%, and RDA 5%
· Major Traffic Circulation Improvement Projects
o French Valley Interchange Interim SB Off-Ramp
o 1-15/79 South Ultimate Interchange
o Rancho California Bridge Widening over Murrieta Creek
o Winchester/Jefferson Intersection Improvements
o Right-turn Lane - Rancho California Road to Ynez Road
o Pechanga Parkway CFD Improvements
o State Route 79 South Medians & Landscaping/Sidewalks
o Diaz Road Realignment
o Pavement Management Program
o Main Street Bridge
o Overland Drive Extension
o John Warner/Santiago Road Improvements
· Pubic Facilities Projects
o Temecula Children's Museum Imagination Workshop
o Old Town Community Theater
o Fire Stations- Wolf Creek and Roripaugh
o Temecula Public Library
o Maintenance Facility Expansion
· Parks & Recreation
o Sports Complex
o Old Town Gymnasium - Joint Use with Boys & Girls Club
o Temecula Community Center Expansion on Pujol Street
o Master Plan - Pablo Apis Park
o Trails Master Plan
o Roripaugh Trails Master Plan
· Redevelopment
o Residential Improvement Programs
o Cottages of Old Town
o Affordable Housing Units - Senior Housing - Pujol Street
o Affordable Housing - Northwest Property
o Habitat for Humanity
o Old Town Parking Lot Property Acquisition
Councilman Roberts requested that the Temecula Public Library be reflected as a Priority No. 1
in the CIP.
It was noted for Mayor Pro Tern Naggar that the construction of the Old Town Community
Theater should begin by the end of the calendar year; that the construction drawings are 99%
complete; that the Master Plan has been completed; and that, in the near future, the final interior
material sample board will be presented to the City Council..
With regard to Mr. Bowers' comments, City Manager Nelson advised that $251,000 has been
specifically set aside in the Operating Budget for economic development. Assistant City
Manager O'Grady commented on the City's active economic development program, highlighting
efforts undertaken through cooperation with sister agencies - regional approach - to attract
primary jobs.
R:\Minutes\051503
4
Supporting the regional approach, Councilman Comerchero noted that he would have concern
with the City's economic development approach solely focusing on the City.
Echoing Councilman Comerchero's comments, Mayor Pro Tern Naggar as well commented on
other economic development efforts such as the development of an IS Infrastructure Plan,
revision of the Development Review Procedure, and retention of the Industrial DIF to a nominal
rate.
Referencing studies from the City of Santa Barbara, Councilman Pratt advised that those
studies indicated that transportation/traffic were the primary issue to deter business from
relocating to the City of Santa Barbara. Although not opposing the CIP in total, Mr. Pratt relayed
his opposition to the section of the CIP describing new infrastructure (bridges and roads),
noting that this particular section of the budget violates CEQA and, therefore, could place the
City in financial environmental risk.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
No comment.
ADJOURNMENT
At 6:49 P.M., the City Council meeting was formally adjourned to Tuesday, May 27, 2003, at
7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Jeff Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\051503
5
ITEM 3
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the
Office of the City Clerk, have been audited by the City Manager, and that the same are hereby
allowed in the amount of $3,578,669.11.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 8t~ day of July, 2003.
A'I-I'EST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos2003/Resos03- I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 8th day of July, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNClLMEMBERS:
COUNCILMEMBERS:
COUNClLMEMBERS:
COUNCILMEMBERS:
Susan W, Jones, CMC
City Clerk
R:/Resos2003/Resos 03- 2
CITY OF TEMECULA
LIST OF DEMANDS
06/19/03 TOTAL CHECK RUN:
06/26/03 TOTAL CHECK RUN:
06/26/03 TOTAL CHECK RUN:
TOTAL PAYROLL RUN:
06/26/03
TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 07/06/03 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
185
190
192
193
194
210
261
28O
3OO
32O
330
340
470
GENERAL FUND
RDA-LOW/MOD INCOME HOUSING
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
CAPITAL IMPROVEMENT PROJ. FUND
CFD 88-12 ADMIN EXPENSE FUND
RDA-REDEVELOPMENT
INSURANCE
iNFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
CFD 01-02 ADMIN/DEBT SERVICE FUND
$ 927,728.81
15,980.96
49.47
86,707.47
1,594,403.64
211,022.56
2,479.08
8,099.44
4,737.51
44,741.43
14,684.99
9,524.09
2,500.00
$ 2,769,969.75
310,088.27
40,704.47
317,253.31
140,653.31
3,578,669.11
$ 3,120,762.49
001
169
190
192
193
194
280
300
320
330
340
GENERAL FUND
RDA-LOW/MOD INCOME HOUSING
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
RDA-REDEVELOPMENT
INSURANCE
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST
INANCE DIRECTOR
SHAWN NELSON, CITY MANAGER
327,476.40
9,995.80
74,630.45
249.57
6,552.81
1,374.82
4,305.31
1,966.30
19,311.31
1,776.02
10,267.83
457,906.62
3,578,669.11
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
HEREBY CERTIFY THAT THE FOLLOWING tS TRUE AND CORRECT.
apChkLst Final Check List Page: 1
06119/2093 10:40:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
136 06/19/2003 000444 INSTATAX(EDD)
137 06/19/2003
138 06/19/2003
139 06/19/2003
140 06/19/2003
84805 06/19/2003
84806 06/19/2003
84807 06/19/2003
84808 06/19/2003
84809 06/19/2003
84810 06/19/2003
000283 INSTATAX (IRS)
001065 NATIONWIDE RETIREMENT SO
Description
State Disability Ins Payment
Federal Income Taxes Payment
Nationwide Retirement Payment
000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Payme
000389 U S C M WEST (OBRA),
000434 ACCELA.COM
002733 ALBAO, NANCY
OBRA - Project Retirement Payment
FY 03-04 Accela Mntc Svcs
TCSD instructor earnings
004240 AMERICAN FORENSIC NURSES DUI:Drug/Alcohol Screening svc:P.D.
DUI:Drug/Alcohol Screening svc:P.D.
DUI:Drug/Alcohol Screening svc:P.D.
000936 AMERICAN RED CROSS Guard Start Participant Kits: TCSD
002187 ANIMAL FRIENDS OF THE VALL May 2003 Animal control services
000101 APPLEONE, INC.
84811 06/19/2003 003203 ARTISTIC EMBROIDERY
84812 06/19/2003 002848 BADGER, THE
84813 06/19/2003 005709 BAMM PROMOTIONAL
84814 06/19/2003 004262 BIO-TOXLABORATORIES
84815 06/19/2003 000901 C P R S
84816 06/19/2003 004621 C-181NC
Temp help PPE 5/31 Delarm
Temp help PPE 5/31 Lee
Temp help PPE 5/31 Kissam
Staff jackets w/city logo
Junior Police Stickers
T-Shirts for Every 15 Min Prgm
DUI:Drug/Alcohol Screening svc:P.D.
DUI:Drug/Alcohol Screening svc:P.D.
CPRS Awd Bqt:Staff:4/12/03
Street Striping Prgm Citywide
Amount Paid Check Total
15,300.68 15,300.68
60,758.41 60,758.41
16,617.03 16,617.03
49,428.88 49,428.88
2,469.41 2,469.41
14,817.51 14,817.51
666.40 666.40
381.00
189.00
30.00 600.00
437.50 437.50
8,240.88 8,240.88
436.80
425.75
360.75 1,223.30
1,031.17 1,031.17
313.40 313.40
2,184.09 2,184.09
803.30
62.70 866.00
280.00 280.00
5,098.79 5,098.79
Page:l
apChkLst Final Check List Page: 2
06/19/2003 10:40:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
84817 06/19/2003 000647 CALIFDEPTOFCONSUMERA
84818 06/19/2003
84819 06/19/2003
84820 06/19/2003
84821 06/19/2003
84822 06/19/2003
84823 06/19/2003
84824 06/19/2003
84825 06/19/2003
84826 06/1912003
CPA License Renewal: M. Boardman
004566 CALIF. STATE - DEPT OF TOXI Permanent EPA ID Request: PW Mntc
003979 CALVARY CHAPEL OF MURRIE EntertainmentforDickensChristmas
004228 CAMERON WELDING SUPPLY
000131 CARL WARREN & COMPANY I
000137 CHEVRON U S A INC
004017 COMERCHERO, JEFF
004405 COMMUNITY HEALTH CHARi
000447 COMTRONIX OF HEMET
Welding Supplies for Public Works
Claim adjuster services
Claim adjuster services
Fuel expense for city vehicles
Reimb:League Leg Action Days:5/14
Community Health Charities Payment
Vehicle radio for B & S
003739 COTTON BRIDGES ASSOCIATE Apr-May general plan update svcs
84827 06/19/2003 002900 DANIEL MANN JOHNSON Mar-Apr Design svcs: Pala Rd Phase I
Apr-May Design Svcs:Pala Rd Phase I
84828 06/19/2003 000684 DIEHL EVANS & COMPANY LLP Yr End 2003 Audit Svcs:CityAudit
84829 06/19/2003 001669 DUNN EDWARDS CORPORATI Supplies for graffiti removal
84830 06/19/2003 001380 E S I EMPLOYMENT SERVICES Temp help PPE 5/16 Kanigowski
Temp help PPE 5/30 Kanigowski
84831 06/19/2003 003223 EDAW INC May Biological svcs: Pala Rd Bridge
002283 EMBASSY SUITES HOTEL
003665 EMERITUS COMMUNICATIONS
000164 ESGIL CORPORATION
84832 06/19/2003
84833 06/19/2003
84834 06/19/2003
Biological Monitoring Lg Cyn Basin
Depart team bldg:6/19/03:TCSD
May long distance phone svcs
May plan check svcs: B&S
Amount Paid Check Total
200.00 200.00
22.50 22.50
100.00 100.00
155.16 155.16
467.51
349.48 816.99
197.65 197.65
12.45 12.45
173.50 173.50
1,362.79 1,362.79
25,491.85 25,491.85
3,605.90
2,961.03 6,566.93
3,500.00 3,500.00
197.70 197.70
1,490.27
1,339.88 2,830.15
1,261.72
290.97 1,552.69
1,810.20 1,810.20
199.19 199.19
8,693.56 8,693.56
Page2
apChkLst Final Check List Page: 3
06/19/2003 10:40:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84835 06/19/2003
84836 06/19/2003
84837 06/19/2003
84838 06/19/2003
84839 06/19/2003
84840 06/19/2003
84841 06/19/2003
84842 06/19/2003
84843 06/19/2003
84844 06/19/2003
84845 06/19/2003
84846 06/19/2003
84847 06/19/2003
84848 06/19/2003
001056 EXCEL LANDSCAPE
003347 FIRST BANKCARD CENTER
001135 FIRST CARE INDUSTRIAL MED
003281 FOREMOST FIRE PROMOTION
005947 GOLDEN STATE OVERNIGHT
005056 GUTIERREZ, BETH
005311 H20 CERTIFIED POOL WATER
000186 HANKS HARDWARE INC
004242 HARMONY ARTISTS INC
000366 HARRINGTON, KEVIN
004188 HARRIS&ASSOCIATES
005748 HODSON, CHERYL A.
(Continued}
Description
May Landscape Mntc Svcs
xx-5288 Jones:Supplies/EarthlinldMtg
xx-3083 Naggar: Mtg/League of Cities
xx-0902 O'Grady:Sponsorship/Shirts
)o(-4117 Hughes:Staff Team Bldg
Employee physicals and drug tests.
Employee first aid svcs
Police: Crime Prevention Pencils
Police: Custom Litter Bags
Express Mail Service: Fire
Reimb: Meeting supplies
May CRC - Swimming Pool Mntc Svc
Credit: Ovrchged for monthly svcs
Hardware supp]ies: PW
Entertainment:Street Painting 6/21-22
Reimb: Staff Team Bldg Supplies
May Consulting: GASB 34 Inventory S
Support Payment
000194 I C M A RETIREMENT TRUST 45 ICMA Retirement Payment
001517 INTEGRATEDINSIGHTSDRA:H Employee Assistance Program
84849 06/19/2003 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals
84850 06/19/2003 003986 KEVIN COZAD & ASSOCIATES I Consulting Srvcs: Diaz Rd Realignmen
84851 06/19/2003 004481 KIMLEY HORN & ASSOCIATES I Apr Design Svcs: Murrieta Crk Trail
Amount Paid Check Total
96,478.00 96,478.00
1,237.52
680.84
177.79
120.60 2,216.75
135.00
35.00 170.00
458.21
409.25 867.46
19.30 19.30
176.85 176.85
1,700.00
-500.00 1,200.00
433.87 433.87
700.00 700.00
101.50 101.50
4,998.00 4,998.00
27.55 27.55
6,853.60 6,853.60
674.31 674.31
235.22 235.22
2,240.00 2,240.00
4,265.00 4,265.00
Page2
apChkLst Final Check List Page: 4
06/19/2003 10:40:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84852 06/19/2003
84853 06/19/2003
84854 06/19/2003
84855 06/19/2003
84856 06/19/2003
84857 06/19/2003
84858 06/19/2003
84859 06/19/2003
84860 06/19/2003
84861 06/19/2003
84862 06/19/2003
84863 06/19/2003
84864 06/19/2003
84865 06/19/2003
84866 06/19/2003
84867 06/19/2003
002863 LAWSON PRODUCTS INC
004412 LEANDER, KERRY D.
000586 LEXISNEXIS MATTHEW BENDE
003726 LIFE ASSIST INC
004697 LOWES HIW INC
003782 MAIN STREET SIGNS
004141 MAINTEX INC
002693 MATROS, ANDREA
005591 MCINTYRE, KELLY
004208 MILANOS
001384 MINUTEMAN PRESS
001892 MOBILE MODULAR
002925 NAPA AUTO PARTS
(Continued)
Description
Supplies for Catch Basin Mntc: PW
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
Web formatting svcs: IS
Paramedic squad supplies: Fire
Skilsaw & Supplies: Fire Stn 92
Sign Replacement Program for PW
City Hall custodial supplies
Amount Paid Check Total
CRC custodial supplies
TCSD Instructor Earnings
89.54 89.54
193.67
172.00
138.00 503.67
187.94 187.94
112.66 112.66
331.65 331.65
23,996.46 23,996.46
402.52
ee computer loan prgm
002105 OLD TOWN TIRE & SERVICE
006259 ONTARIO CONVENTION CENT
213.56 616.08
240.00 240.00
2,000.00 2,000.00
Refreshments:Council mtg:6/10/03
Business cards:D.Ubnoske
Jun modular bldg rental:Fire Stn 92
vehicle parts/supplies for Fire Stn 73
vehicle parts/supplies for Fire Stn 73
parts/supplies for the Public Works
002139 NORTH COUNTY TIMES- ATTN: May recruitment ads for H.R. dept
City vehicle maint/mpair svcs
City vehicle maint/repair svcs
Translation of Itinerary:FAM
84868 06/19/2003 001171 ORIENTALTRADINGCOMPANY SuppliesforTeenProgram
179.00 179.00
42.83 42.83
777.95 777.95
141.99
59.75
7.08 208.82
626.79 626.79
239.42
117.04 356.46
225.00 225.00
86.25 86.25
Page~
apChkLst Final Check List Page: 5
06/19/2003 10:40:21AM CiTY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84869 06/19/2003 002256 P & D CONSULTANTS INC
84870 06/19/2003
84871 06/19/2003
84872 06/19/2003
84873 06/19/2003
84874 06/19/2003
84875 06/19/2003
84876 06/19/2003
84877 06/19/2003
84878 06/16/2003
84879 06/19/2003
84880 06/19/2003
84881 06/19/2003
84882 06/19/2003
84883 06/19/2003
84884 06/19/2003
84885 06/19/2003
84886 06/19/2003
000249 PETTY CASH
000254 PRESS ENTERPRISE COMPAN
006399 QUALEX, INC
004318 R J BULLARD CONSTRUCTION
004029 R J M DESIGN GROUP INC
002612 RADIO SHACK INC
000262 RANCHOCALIFWATER DIST
000947 RANCHO REPROGRAPHICS
(Continued)
Description
Jan bldg inspector svcs:Farley
May bldg inspector svcs:Farley
001354 P C MAGAZINE renew subscription to PC Magazine
001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment
Petty cash reimbursement
renew subscription:TCSD
renew subscription:Finance dept
photo developing sves:TCSD
May prgs pmt:Pechanga Soundwall
Mar svs:Wolf Creek Spor[s Complex
Jan Sports Complex master plan
computer supplies for I.S.
Various water meters
Dup.blueprints:J.W. Assessment Dist.
Dup.blueprints:J.W. Assessment Dist
Dup.blueprints:PW Admin.
004584 REGENCY LIGHTING West Wing electrical supplies
001500 REGIONAL TRAINING CENTER- Mar-AprSupervisor'sAcademy:P.Zun
003742 REHAB FINANCIAL CORPORATI Feb loan collsction svcs
003591 RENESCOMMERClALMANAGE Wash down overhang of R.C. bddge
002412 RICHARDSWATSON &
000266 RIGHTWAY
006371 RiO PROPERTIES. INC.
Apr 2003 legal services
Equip Rental/Repairs/Parts:Long Cyn
Htl:Accela Cf:SW/C B/LB:07/27-31
Amount Paid
3,840.00
1,920,00
25.00
227.08
387.06
308.88
154.44
6.43
178,671.00
1,690.00
858.23
25.29
7,906.03
29.67
24.73
11.21
126.71
575.00
16.00
600.00
130,491.04
101.13
1,373.40
Check Total
5,760.00
25.00
227.08
387.06
463.32
6.43
178,671.00
2,548.23
25.29
7,906.03
65.61
126.71
575.00
16.00
600.00
130,491.04
101.13
1,373.40
Page5
apChkLst Final Check List Page: 6
06/19/2003 10:40:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84887 06/19/2003
84888 06/19/2003
84889 06/19/2003
84890 06/19/2003
84891 06/19/2003
84892 06/19/2003
000353 RIVERSIDE CO AUDITOR
000418 RIVERSIDE CO CLERK &
000268 RIVERSIDE CO HABITAT
001365 RIVERSIDE COUNTY OF
000271 ROBERT BEIN WM FROST & A
000873 ROBERTS, RONALD H.
84893 06/19/2003 005842 RODECKER, ERIC
84894 06/19/2003 000277 S & S ARTS & CRAFTS INC
84895 06/19/2003
84896 06/19/2003
84897 06/19/2003
84898 06/19/2003
84899 06/19/2003
84900 06/19/2003
84901 06/19/2003
004598 S T K ARCHITECTURE INC
005227 SAN DIEGO COUNTY OF
000278 SAN DIEGOUNIONTRIBUNE
004609 SHREDFORCE INC
000645 SMART & FINAL INC
003477 SMITH, BARBARA
000537 SO CALIF EDISON
84902 06/19/2003 001212 SO CALIF GAS COMPANY
(Continued)
Description
Apr parking citation assessments
May aperture card duplicates
May 2003 K-Rat payment
Special event permit:4th of July
Apr feasibility study:l-15/79S/Santiago
Credit:dupl.billing of reimb, expenses
reimb:SCAG Stipend:Exec Comm:5/1
Reimb:Trans. Steering Comm:5/28-6/0
reimb:P.V.C. Comm. mtg:6/04/03
reimb:bldg inspector certification
supplies for SMART Prgm
supplies for SMART Prgm
supplies for Summer Day Camp
May dsgn svcs:Wolt Crk Fire Stn
Support Payment
May recruitment ads for H.R. dept.
Jun doc. shredding svcs
supplies for Summer Day Camp
Rec Supplies for Family Fun Nights
ee computer loan prgm
May 2-00-397-5059 various mtrs
Jun 2-24-817-8717 Old Kent Prk
May 2-19-538-2262 various mtrs
Jun 2-24-628-8963 Btrfld Stage
Jun var City fac. gas meter usage
Jun 095-167-7907-2 Fire Stn 84
Amount Paid Check Total
2,358.50 2,358.50
21.95 21.95
402,350.00 402,350.00
100.00 100.00
2,788.70
-594.35 2,194.35
120.00
84.25
9.70 213.95
60.00 60.00
3,108.71
275.54
99.90 3,484.15
1,147.50 1,147.50
107.00 107.00
398.16 398.16
110.00 110.00
269.85
50,85 320.70
2,000.00 2,000.00
6,034.30
266.52
117.43
31.39 6,449.64
1,920.58
132.48 2,053.06
Page~
apChkLst Final Check List Page: 7
06/16/2003 10:40:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84903 06/19/2003 000519 SOUTH COUNTY PEST
84904 06/19/2003 000465 STRADLEY, MARY KATHLEEN
(Continued)
Description
Pest Control Srvcs: CRC
Pest Control Srvcs: City Hall
Jun pest control svcs:Fire Stn 92
Pest Control Srvcs:West Wing
TCSD Instructor Eamings
84905 06/19/2003
84906 06/19/2003
84907 06/19/2003
84908 06/19/2003
003599 T Y LIN iNTERNATiONAL
000305 TARGET STORE
000309 TEMECULA COPIERS
001035 TEMECULA ENVIRONMENTAL
Apr-May dsgn svcs:R.C.bridge Widen
Apr-May reimb expenses:Bridge wide
Rec class supplies - Teen Programs
Rec. supplies for Sr Ctr
supplies for Aquatics prgm
May copier usage chrgs:B/VV
Oct-May copier usage:Fire Stn 73
Jan-Jun trash hauling services
84909 06/19/2003 005412 TEMECULA GARDEN & POWER Repair/maint. of small equip:PW
84910 06/19/2003 005633 TEMECULA MIDDLE SCHOOL Entertainment:Dickens holiday
84911 06/19/2003 000311 TEMECULAVALLEYHIGHSCH Entertainment:DickensHoliday
84912 06/19/2003 000311 TEMECULAVALLEY HIGH SCH Entertainment:Dixieland Jazz Festival
84913 06/19/2003 000306 TEMECULAVALLEY PIPE & SU May irrigation/maint.supplies:TCSD
84914 06/19/2003 004274 TEMECULAVALLEY SECURITY CRC locksmith services
City Hall locksmith services
84915 06/19/2003 003140 TEMECULAVALLEY TAEKWON TCSD Instructor Earnings
TCSD Instructor Earnings
84916 06/19/2003 003862 THYSSENKRUPP ELEVATOR. Apr-Jun elevator inspection svcs:O.H.
84917 06/19/2003 005567 TOTL GEAR LLC
20 Teen Council T-Shirts
84918 06/19/2003 006252 TRIMBLE NAVIGATION LIMITED GPS accessories for tablets:Fire Prey.
Trimble GPS Mapper Software Kit
84919 06/19/2003 006279 TYRONE KNIGHT PAINTING Res Imp Prgm: Frae, Noah & Erin
Amount Paid
90.00
56.00
42.00
40.00
560.00
490.00
11.20
196.82
51.33
17.21
3,989.53
166.72
1,593,936.72
142.76
150.00
150.00
100.00
547.26
90.00
42.00
60.00
20.00
300.00
155.16
1,332.32
877.09
1,653.09
Check Total
228.00
560.00
501.20
265.36
4,156.25
1,593,936.72
142.76
150.00
150.00
100.00
547.26
132.00
80.00
300.00
155.16
2,209.41
1,653.09
Paget
apChkLst Final Check List Page: 8
06119/2003 10:40:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84920 06/19/2003 000325 UNITEDWAY
(Continued)
Description
United Way Charities Payment
Amount Paid Check Total
253.30 253.30
84921 06/19/2003
84922 06/19/2003
84923 06/19/2003
004261 VERIZON CALIFORNIA
003730 WEST COAST ARBORISTS INC
000341 WILLDAN ASSOCIATES INC
Jun xxx-1603 City Hall
Jun xxx-1941 PTA CD TTACSD
Jun xxx-8573 general usage
Jun xxx-3923 Stone
var slopes tree trimming svcs
Parks tree trimming svcs
var slopes tree trimming svcs
var slopes tree trimming svcs
Sr Ctr tree trimming svcs
Parks tree trimming svcs
May Traffic Study Review
89.31
58.13
32.85
27.49 207.78
8,340.80
8,254.40
5,102.50
1,681,00
1,078.00
431.20 24,887.90
161.00 161.00
Sub total for UNION BANK OF CALIFORNIA: 2,769,969.75
Page~
apChkl.st Final Check List Page: 1
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description
84924 06/26/2003 000724 A&RCUSTOMSCREENPRINTI t-shirts for SMART program
84925 06/26/2003
84926 06/26/2003
84927 06/26/2003
84928 06/26/2003
84929 06/26/2003
84930 06/26/2003
84931 06/26/2003
84932 06/26/2003
84933 06/26/2003
001515 ASAP
004148 AT&T
000745 A T & T WIRELESS SERVICES
002036 ACTION POOL & SPA SUPPLY
Weed abatement on City property
Long distance svcs: P.D.
Wireless Internet svc: Fire Prevention
Pool sanitizing chemicals
001916 ALBERTAWEBBASSOCIATES Consultingsvcs:HarvestonCFD
004240 AMERICAN FORENSIC NURSES DUI:Drug/Alcohol Screening svc:Poli
000936 AMERICAN RED CROSS Lifeguard Certificate Processing
006433 ANAHEIM SPORTS, INC Depst: 9/5 Family excursions to Angel
000101 APPLE ONE, INC. Temp help PPE 6/14 Delarm
Temp help PPE 6/7 Delarm
Temp help PPE 6/14 Lee
Temp help PPE 6/7 Kissam
Temp help PPE 6/14 Carraway
84934 06/26/2003 001561 ARCH WIRELESS 6/20-9/19/03 paging/rental svcs
84935 06/26/2003 001323 ARROWHEADWATER ~NC Bottled wtr servs @ City Hall
84936 06/26/2003 003203 ARTISTIC EMBROIDERY Children Museum staff uniforms
Activeware inventory
Credit: Chrg sales tax on re-sale items
84937 06/26/2003 002648 AUTO CLUB OF SOUTHERN CA Membership:M. AusSn72361355
Membership: H,Osvold 77080614
84938 06/26/2003 004801 BECKER & BELL INC
84939 06/26/2003 002377 BEST BUY COMPANY INC
city employee classification reviews
Museum - Digital camera
Amount Paid
469.79
580.00
157.13
201.99
53.43
2,500.00
360.00
5.00
200.00
624.00
624.00
520.00
407.07
104.00
871.36
665.61
193.95
118.53
-8.53
44.00
44.00
500.00
969.72
Check Total
469.79
580.00
157.13
201.99
53.43
2,500.00
360.00
5.00
200.00
2,279.07
871.36
665.61
303.95
88.00
500.00
969.72
Page:l
spChkLst Final Check List Page: 2
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84940
84941 06/26/2003
006437 SRANDEL MASONRY SUPPLIE
004176 BROADWING
84942 06/26/2003 006407 BRUMMER, CAROLYN
84943 06/26/2003 006430 BURSON, STEPHANIE
(Continued)
Description
Res impr prgm: Zavala, Ureil
Long distance & internet svcs
Refund: Tiny Tots-Creative Beg
Refund: Security Deposit
84944 06/26/2003 004248 CALIFDEPTOFJUSTICE/ACCT DUl:Drug/AlcohoIScreeningsvc:Poli
DUI:Drug/Alcohol Screening svc:Poli
84945 06/26/2003 005116 CALIF, STATE OF CONTROLLE Audit confirmation of taxes report
84946 06/26/2003
84947 06/26/2003
84948 06/26/2003
84949 06/26/2003
84950 06/26/2003
64951 06/26/2003
84952 06/26/2003
84953 06/26/2003
84954 06/26/2003
84955 06/26/2003
84956 06/26/2003
84957 06/26/2003
006406 CAMBEROS, DINO
006075 CAMPBELL, KENTON SCOTT
000518 CARE ANIMAL HOSPITAL
003997 COAST RECREATION INC
001193 COMP U S A INC
Refund: Overpmt Cell Phone
TCSD instructor earnings
Veterinary svcs for Police K-9
Basketball post & backboard:Margarit
Computer supplies: IS
Computer Supplies: IS
002147 COMPLIMENTS COMPLAINTS & Entertainrnent:May17:Dyn. Dave
002631 COUNTS UNLIMITED iNC
004569 DAVID TAUSSIG & ASSOCIATE
005431 DAVIS, BARBARA W.
003006 DEWITT CUSTOM PAINTING
004294 DIVERSIFIED LANDSCAPE CO.
006405 DOMINGUEZ, JOHN
Prof Svcs: Citywide Trffc Count Data
Prof Svcs: Citywide Trflc Count Data
Special Tax Consulting:B uttedield
FY 01/02 CFD 88-12 Reimbursement
Res Imp Prgm: Guerrero, Eisa
1 yr Mntc Agrmt: Pals Rd Bridge
Refund:Parking Citation #0323
Amount Paid
429.65
1,227.01
15.00
100.00
3,395.00
805.00
100.00
10.00
532.00
655.75
4,810.85
337.24
217.80
200.00
2,400.00
135.00
425.74
782.24
1,000.00
3,600.00
50.00
Check Total
429.65
1,227.01
15.00
100.00
4,200.00
100.00
10.00
532.00
655.75
4,810.85
555.04
200.00
2,535.00
425,74
782.24
1,000.00
3,600.00
50.00
Page2
apChkLst Final Check List Page: 3
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
84958 06/26/2003 004192 DOWNS COMMERCIAL FUEL1
Amount Paid
Fuel for city vehicles:TSCD 61343
513.58
Check Total
513.58
84959 06/26/2003
84960 06/26/2003
001380 E S I EMPLOYMENT SERVICES
000523 EASTERN MUNICIPALWATER
Temp help PPE 6/13 Heer
Temp help PPE 6/13 Rush
Temp help PPE 8/13 Bragg
Temp help PPE 6/13 Kanigowski
Temp help PPE 6/13 Novotny
Temp help PPE 6/13 Cammarota
Temp help PPE 6/13 Seng
Temp help PPE 6/13 Montecino
Temp help PPE 6/13 Jones
Temp help PPE 6/13 Pena
95366-02 Diego Dr Ldscp
2,735.20
1,908.00
1,710.72
1,410.40
1,240.80
1,193.92
1,140.03
1,109.60
815.50
778.96
386.27
14,043.13
386.27
84961 06/26/2003 006400 EASTMAN KODAK COMPANY Scanner Maint Agrmnt:6/1/03-6/30/04
163.97
163.97
84962 06/26/2003 000181 EDEN SYSTEMS INC
Budget software support 3/03-12/03
2,329.44
2,329.44
84963 06/26/2003 005692 ELMO, ANTHONY
Reimb: TV for viewing Council Mtgs
86.19
86.19
84964 06/26/2003 005052 EMCOR SERVICE
Replace AC unit @ City Hall
2,603.00
2,603.00
84965 06/26/2003 003171 EMPIRE ECONOMICS LLC AddtlMarketStudy:Butterfieid
4,750.00
4,750.00
84966 06/26/2003 006401 ERIVEZ, MANUEL
Refund:Parking Citation #0275
50.00
50.00
84967 06/26/2003
84968 06/26/2003
002060 EUROPEAN DELI & CATERING
001056 EXCEL LANDSCAPE
Refreshments:MARAC Committee Mt
Refreshments: Van Tour for Planners
May Idscp [mpr: Vail Ranch prkwy
May Idscp impr: Various
May Idscp impr: Vail Ranch Pkwy
May Idscp impr: Rancho Highlands
May Idscp impr: Vail Ranch Prkwy
May Idscp impr: Presley
May Idscp impr: Vail Ranch Prk
May Idscp impr: Pala Prk
May Idscp impr: Crowne Hill Prk
May Idscp impr: Loma Linda Prk
May Idscp impr: Winchester Creek
May Idscp impr: Signet Series
May Idscp impr: Campos Verdes
182.64
127.25
8,549.00
5,550.00
3,375.00
1,570.00
690.00
525.00
285.42
274.53
250.00
217.37
150.00
150.00
75.00
309.89
21,661.32
Page3
apChkLst Final Check List Page: 4
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84969 06/26/2003 002037 EXPANETS
84970 06/26/2003
(Continued)
Descri~ion
Repair pool callbox wires: CRC
004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles
84971 06/26/2003 000165 FEDERAL EXPRESS INC Express mail services
Express mail services
84972 06/26/2003 001511 FIELDMANROLAPP&ASSOCIA Financial Svcs: Wolf Creek CFD
Financial Svcs: Buiterfield CFD
84973 06/26/2003 000166 FIRSTAMERICAN TITLE Lot Book Reports: prenty
84974 06/26/2003 001135 FIRST CARE INDUSTRIAL MED
84975 06/26/2003 005947 GOLDEN STATE OVERNIGHT
84976 06/26/2003 005050 GONZALEZ, MANUAL S.
84977 06/26/2003 000711 GRAPHICS UNLIMITED LITHOG Printing SummedFall brochure
Pre-employment physicals
Pre-employment physicals
Express Mail Service:Fire/Planning
Artist for Street Painting Festival
Amount Paid
150.78
338.84
195.69
136.66
3,122.98
1,140.00
150.00
125.00
108.00
57.62
400.00
21,829.29
84978 06/26/2003 006413 GREENWALD, ROSEMARY
84979 06/26/2003 005968 GYMBOREE PLAY & MUSIC
84980 06/26/2003
84981 06/26/2003
84982 06/26/2003
84983 06/26/2003
84984 06/26/2003
84985 06/26/2003
84986 06/26/2003
006404 HANANIA, GINA
002372 HARMON, JUDY
004242 HARMONY ARTISTS INC
004811 HEWLETT PACKARD
006417 HUNGATE, RON
000193 ICMA
001407 INTER VALLEY POOL SUPPLY I
2003 Concerts & Movies brochures
TCSD 4th of July logo
Refund:Cooking-Vegie Cuisine
TCSD instructor earnings
Refund:Parking Citation #0286
TCSD instructor earnings
Entertainment: Street Painting Festival
Tablet PC Docking stns: Fire Prey.
Refund:Grading Depst 27603 Sierra M
Eco Devel book:Local Practice 42722
Pool sanitizing chemicals
785.50
49.57
30.00
96.00
50.00
136.80
700.00
902.95
995.00
47.29
146.22
Check Total
150.78
338.84
332.35
4,262.98
150.00
233.00
57.62
400.00
22,664.36
30.00
96.00
50.00
136.80
700.00
902.95
995.00
47.29
146.22
Page~
apChkLst Final Check List Page: 5
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
84987 06/26/2003
84988 06/26/2003
84989 06/26/2003
84990 06/25/2003
84991 06/26/2003
84992 06/26/2003
84993 06/26/2003
84994 06/26/2003
006431 INTERNAL REVENUE SERVICE
001186 IRWIN, JOHN
(Continued)
Description
Addt pymt: 1st Qtr Medicare Tax
TCSD instructor earnings
Amount Paid
002140 JAGUAR COMPUTER SYSTEMS Black ink cartridges for inkjets
Tablet PC Docking station
HP fuser kit for laserjet printer
005571 JOAN F. SPARKMAN SCHOOL P Refund: Security Deposit
60.00
004912 JOHN LISEE PUMPS INC
006403 JOZWIAK, CHETT
005065 K M E FIRE APPARATUS
001091 KEYSER MARSTON ASSOClAT
84995 06/26/2003 001282 KNORR SYSTEMS
84996 06/26/2003 004062 KUSTOM SIGNALS INC
84997 06/26/2003 001085 L N CURTIS & SONS
84998 06/26/2003 004377 L O LYNCH WELLS & PUMP, IN
84999 06/26/2003 000945 L P S COMPUTER SERVICE
85000 06/26/2003 006266 LABEL PRODUCTIONS
85001 06/26/2003 006425 LANNI, MICHAEL
85002 06/26/2003 002863 LAWSON PRODUCTS INC
85003 06/26/2003 006422 LEE, STACY
Rebuild CRC pool pump
Refund:Parking Citation #0361
Refurbish stn 84 old medic squad
Consulting svcs: Affordable Housing
Consulting svcs: Education facility
Consulting svcs: Affordable Housing
Commercial pool pump: TES
Violator alert trailer: Police Dept
Paramedic squad supplies: Fire
Credit: returned merchandise
Fan for CRC pool pump
Printers motor ass'y: City Hall
Printers and Plotters Mntc: City Hall
1,000 City Seal Labels
Refund: Permit 29133 map
Mntc supplies for PW
Refund: Tennis Camp Kids
2,753.01
992.38
317.86
100.00
11,588.84
50.00
4,516.31
2,128.75
1,592.52
622.50
3,283.11
15,138.10
4,839.83
-3,482.27
161.63
616.35
75.00
1,102.88
1,876.00
42.02
110.00
Check Total
61.67
60.00
4,063.25
100.00
t 1,588.84
50.00
4,516.31
4,343.77
3,283.11
15,138.10
1,357.56
161.63
691.35
1,102.88
1,876.00
42.02
110.00
Page5
apChkLst Final Check List Page: 6
06/26/2003 1:06:00PM CiTY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check# Date
85004 06/26/2003
85005 06/26/2003
85006 06/26/2003
85007 06/26/2003
85008 06/26/2003
85009 06/26/2003
85010 06/26/2003
85011 06/26/2003
85012 06/26/2003
85013 06/26/2003
85014 06/26/2003
85015 06/26/2003
85016 06/26/2003
85017 06/26/2003
(Continued)
Vendor Description
006284 LEWIS & LEWIS ENTERPRISES Nikon Stn Surveying Instrument
Credit: Trade-in Surveying Instrureent
004905 LIEBERT, CASSIDY&WHITMOR MayHRlegalsvcsforTE060-O0001
May HR legal svcs for TE060-00008
004087 LOWE'S Res impr prgm: Zavala, Ureil
004087 LOWE'S Troy built rear tine rototiller:TCSD
006426 MADDEN, CLARENCE Refund:Picnic Shelter
004141 MAINTEX INC Custodial supplies for 6th Street
TCC custodial supplies
CRC custodial supplies
Sr Ctr custodial supplies
CRC custodial supplies
006420 MALANGA, ARMANDO Refund:Overpret Bldg. Permit
004068 MANALILI, AILEEN TCSD Instructor Earnings
001967 MANPOWER TEMPORARY SER tamp help w/e 6/08 Dankworth
002664 MAR CO INDUSTRIES INC
002046 MASTER K 9 INC
006414 MATAAFA, PiLl
006435 MCCONNELL, LiSA
002887 MCKINLEY EQUIPMENT
85018 06/26/2003 006408 MERRILL, DEBBIE
85019 06/26/2003 004951 MIKE'S PRECISION WELDING
85020 06/26/2003 001384 MINUTEMAN PRESS
temp help w/e 6/01 Dankworth
terep help w/e 6/15 Dankworth
Custodial equip prey maintJsvcs
Jan-Jun K-9 maint, training svcs
Refund:Security & Rental Fee
advance:NASRO Conf:6/28-7/05/03
Repair handicap lift @ CRC
Refund:Suremer Day Carep
Tare Duck Pond Lid for Circulation Pu
Envelopes for H.R. dept
business cards:J.Wilcox
Areount Paid
8,376.23
-3,300.00
360.00
240.00
2,744.37
699.30
25.00
352.17
334.79
303.37
288.91
42.66
32.75
840.00
1,108.49
1,044.91
989.37
105.00
525.00
240.00
300.00
925.40
340.00
830.00
223.13
42.83
Check Total
5,076.23
600.00
2,744.37
699.30
25.00
1,321.90
32.75
840.00
3,142.77
105.00
525.00
240.00
300.00
925.40
840.00
830.00
265.96
Page~
apChkLst Final Check List Page: 7
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
85021 06/26/2003 006415 MISSION POOLS, INC.
85022 06/26/2003
85023 08/26/2003
85024 06/26/2003
85025 06/26/2003
85026 06/26/2003
85027 06/26/2003
85028 06/26/2003
85029 06/26/2003
85030 06/26/2003
85031 06/26/2003
85032 06/26/2003
85033 06/26/2003
85034 06/26/2003
85035 06/26/2003
85036 06/26/2003
85037 06/26/2003
85038 06/26/2003
(Continued)
Description
Refund:Overpmt Bldg. Permit
002898 NIXON EGLI EQUIPMENTCOMP repair/parts for PW Maint patch truck
003964 OFFICE DEPOT BUSINESS SVS office supplies for Code Enforcement
002105 OLD TOWN TIRE & SERVICE
006411 ORONA, KIMBERLY
004852 PACIFIC PROFILES GROUP
005573 PALOMA ELEMENTARY PTA
001248 PAPER DIRECT INC
006434 PARISH, RHONDA
004538 PAULEY EQUIPMENT COMPAN
003218 PELA
000249 PETTY CASH
006416 PIKE, DANIEL & LAURIE
006409 PINA, MARIA
005886 PLUMBING SPECIALISTS iNC.
000253 POSTMASTER
006418 POWELL, ROBERT& MARILYN
000254 PRESS ENTERPRISE COMPAN
City vehicle maint]repair svcs
Refund:Cancelled Event:CRC
Mgmt Leadership Academy:Steve Br
Refund:Security Deposit
supplies for team bldg:TCSD
Refund:Sec. Deposit:3/29/03
mpaidmaint of park equipment
May planning plan check services
Apr planning plan check services
Petty cash reimbursement
Refund:Eng Deposit:40970 Via Media
Refund:Summer Day Camp
plumbing services for Fire Stn 84
Express mail & postal svcs
Refund:Overpmt Bldg. Permit
May PW constr, update ads
May public ntcs:City Clerk
May public ntcs:City Clerk
Amount Paid Check Total
3.17 3.17
123.53 123.53
82.28 82.28
22.42 22.42
20.00 20.00
11,400.00 11,400.00
100.00 100.00
74.90 74.90
100.00 100.00
147.00 147.00
7,060.00
4,500.00 11,560.00
854.56 854,56
995.00 995.00
83.00 83.00
166.17 166.17
162.80 162.80
9.08 9.08
1,779.08
524.30
248.85 2,552.23
Page~
apChkLst Final Check List Page: 8
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
85039 06/26/2003 004529 QUAID TEMECULA HARLEY-DA
85040 06/26/2003 005563 R E FLEMING CONSTRUCTION
85041 06/26/2003 000981 R H FINC
85042 06/26/2003 004029 R J M DESIGN GROUP INC
85043 06/26/2003 002612 RADIO SHACK INC
85044 06/26/2003 000262 RANCHO CALIF WATER DIST
85045 06/26/2003 005587 RANCHO ELEMENTARY SCHO
85046 06/26/2003 005910 REDHAWK GAS & AUTO CENT
85047 06/26/2003 004584 REGENCY LIGHTING
85048 06/26/2003
85049 06/26/2003
85050 06/26/2003
85051 06/26/2003
85052 06/26/2003
85053 06/26/2003
85054 06/26/2003
(Continued)
Description
Repair & Mntc Police motomycles
Apr prgs pmt:Children's Museum Bldg.
Repair & Maint: Radar Equip PD
Repair & Maint: Radar Equip PD
Prof Design Sports Complex
490-Minute Digital Recorder
Supplies for PD
Supplies for PD
Various water meters
Refund:Security Deposit
City vehicle detailing svcs
electrical supplies for parks
electrical supplies for parks
electrical supplies for West Wing
001500 REGIONALTRAINING CENTER- Writing for Results:S.B./MW.:6/4-5/03
003742 REHABFINANClALCORPORATI RDAIoanservicing&monitoring
002110 RENTALSERVICE CORPORATI Rental Equipmentfor PW Maint
000266 RIGHTWAY
006124 RIVERSIDE BLUEPRINT
005334 RIVERSIDE CO FACILITIES
000411 RIVERSIDE CO FLOOD
Rental Equipment for PW Maint Div
Rental Equipment for PW Maint
equipment rental - Riverton Park
equipment rental -Paseo Park
equipment rental - Veteran's Park
credit:delivery of equipment
7055 copier lease for PW map room
2/06-3/05 prof svcs:l-15/Cherry Ave
FY 02/03 Flood control svcs: Museum
Amount Paid
1,523.04
21025.11
201.24
164.56
4,015.12
872.71
80.78
25.54
9,837.11
100.00
9.00
228.43
103.01
92.40
490.00
1,200.00
240.36
41.17
25.73
77.94
60.78
54.39
-26.94
10,000.53
210.00
8,779.54
Check Total
2,025.11
365.80
4,015.12
979.03
9,837.11
100.00
9.00
423.84
490.00
1,200.00
307.26
166.17
10,000.53
210.00
8,779.54
Page~
apChkLst Final Check List Page: 9
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
85055 06/28/2003 001592 RIVERSIDE CO INFO
85056 06/26/2003
85057 06/26/2003
85058 06/26/2003
85059 06/26/2003
85060 06/26/2003
85061 06/26/2003
85062 06/26/2003
85063 06/26/2003
85064 06/26/2003
85065 06/26/2003
85066 06/26/2003
85067 06/26/2003
85068 06/26/2003
85069 06/26/2003
85070 06/26/2003
85071 06/26/2003
(Continued)
Description
Repair & Mntc police radios
000955 RIVERSIDE CO SHERIFF SW ST Concert on the Greens patrol
004773 RIVERSIDE CO SHERIFFS Apr booking fees
006432 RIVERSIDE COMM. COLLEGE D Arrest, Search/Seizure trn:G.A.:6/2-6/
003587 RIZZO CONSTRUCTION INC
001097 ROADLINE PRODUCTS INC
000277 S & S ARTS & CRAFTS INC
001942 S C SIGNS
005736 SAN BERNARD[NO CO SHERIF
006419 SEA BREEZE POOLS
006436 SHETLER, DENNIS
000645 SMART & FINAL INC
005154 SMITH, ROBIN
000537 SO CALIF EDISON
005786 SPRINT
000293 STADIUM PIZZA
004570 STEPHEN G WHITE, MAI
Install rain gutter & spout: Tem Museu
parts/supplies stencil truck:PVV Maint
Rec Supplies Family Fun Nights
May-Jun posting public ntcs:Planning
Pool Safety handouts: Fire Prevention
Refund:Bldg. Permit
advance:NASRO Conf:6/28-7/05/03
Smart Program Supplies
Special Event Supplies
City staff bilingual testing services
Jun 2-19-999-9442 various mtrs
Jun 2-23-365-5992 Fire Stn 92
Jun 2-22-891-0550 various mtrs
Jun 2-21-981-4720 Hwy 79S
Jun 2-24-151-6582 Ovedand Trl
5/15-6/14 acct level chrgs
Refreshments:Skater Challenge
Smart Program Refreshments
Prof Appraisal Svcs:Crowne Hill CFD
Amount Paid
1,193.60
500.00
10,488.00
16.50
506.00
468.20
161.93
845.00
300.29
289.62
300.00
384.03
157.60
100.00
1,997.36
404.23
300.06
61.33
12.73
33.90
163.00
63.52
17,000.00
Check Total
1,193.60
500.00
10,488.00
16.50
506.00
468.20
161.93
845.00
300.29
289.62
300.00
541,63
100.00
2,775.71
33.90
226.52
17,000.00
Page9
apChkLst Final Check List Page: 10
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
85072 06/26/2003 001546 STRAIGHT LINE GLASS INC
85073 06/26/2003
85074 06/26/2003
85075 06/26/2003
85076 06/26/2003
85077 06/26/2003
85078 06/26/2003
85079 06/26/2003
85080 06/26/2003
85081 06/26/2003
85082 06/26/2003
85083 06/26/2003
85084 06/26/2003
85085 06126/2003
85086 06/26/2003
85087 06/26/2003
85088 06~26/2003
85089 06/26/2003
003840 STRONGS PAINTING
000574 SUPERTONER
002224 SYNDISTAR INC
000305 TARGET STORE
(Continued)
Description
res imprv prgm:Bevell, Irene
Repair/paint wrought iron fencing:CRC
Pala Park Repair Light Poles
laserjet printer part/maint svcs
sales tax for inv# 24153
Fire prevention promo/training items
Digital camera for TCSD
rec supplies for teen prgm
005985 TECHNOLOGY INTEGRATION G printertonercartridges
HP color laserjet print cartridge
001672 TEMECULA DRAIN SERV & PLU TCC plumbing services
006428 TEMECULA MIDDLE SCHOOL
003067 TEMECULA VALLEY R V SERV
003140 TEMECULA VALLEY TAEKWON
000668 TIMMY D PRODUCTIONS INC
005567 TOTL GEAR LLC
003031 TRAFFIC CONTROL SERVICE
006429 TVUSD
004981 UNISOURCE SCREENING &
006427 VAIL ELEMENTARY PTA
006423 VAIL RANCHO MIDDLE SCHOO
004261 VERIZON CALIFORNIA
Refund:Security Deposit
Repair & Meier PD Command Unit
sales tax for inv# 460474
TCSD Instructor Earnings
TCSD Instructor Earnings
DJ Serv. Teen Pool Party
winter basketball league t-shirts:TCSD
Traffic Control Supplies for PW
Refund:Security Deposit
Employee background services
Refund:Security Deposit
Refund:Sec. Deposit:6/2 & 6/6
Jun xxx-5072 general usage
May-Jun xxx-5072 billing adjustment
Credit:incorrect biJ]ing rate
Amount Paid Check Total
775.00 775.00
5,400.00
1,650.00 7,050.00
304.00
18.52 322.52
1,253.80 1,253.80
213.12
53.86 266.98
402.90
156.54 559.44
150.00 150.00
100.00 100.00
2,433.95
32.51 2,466.46
80.00
40.00 120.00
350.00 350.00
231.99 231.99
178.56 178.56
100.00 100.00
740.00 740.00
100.00 100.00
100.00 100.00
12,261.00
218.53
-3,643.03 8,836.50
Page:l 0
apChkLst Final Check List Page: 11
06/26/2003 1:06:00PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
85090 06/26/2003
85091 06/26/2003
85092 06/26/2003
85093 06/26/2003
85094 06/26/2003
85095 06/26/2003
85096 06/26/2003
85097 06/26/2003
85098 06/26/2003
004261 VERIZON CALIFORNIA
004261 VERIZON CALIFORNIA
004261 VERIZON CALIFORNIA
004261 VERIZON CALIFORNIA
004261 VERIZON CALIFORNIA
004848 VERIZON SELECT SERVICES I
004200 VERIZON WIRELESS LLC
006248 WALKER, JESSICA
006402 WESTSIDE AUTO INSURANCE
85099 06/26/2003 003756 WHITE HOUSE SANITATION
85100 06/26/2003 006410 WILSON, DOROTHY
85101 06/26/2003 006412 WRIGHT, GRETCHEN
(Continued)
Description
Amount Paid
Jun xxx-0073 general usage
Credit to be applied to xx-5072
eng study/phone fac.:O.T. Theater
May xxx-5029 general usage
Jun xxx-1473 P.D. satellite stn
Jun xxx-3564 alarm
Jun long distance phone svcs
6/15-9/14/03 pager svcs:J.Stone
ee computer loan prgm
Refund:Parking Citation #0379
Jun cleaning svcs:Btrfld Stage
Refund:Summer Day Camp
Refund: Tennis-Beg Adult
1,207.14
-218.53
975.00
675.02
114.42
56.29
3.47
39.30
1,567.84
50.00
50.00
603.00
45.00
Sub total for UNION BANK OF CALIFORNIA:
Check Total
988.61
975.00
675.02
114.42
56.29
3.47
39.30
1,567.84
50.00
50.00
603.00
45.00
310,088.27
Page:l I
apChkLst Final Check List Page: 1
06/26/2003 2:12:51PM CITY OF TEMECULA
Check# Date
Bank: union UNION BANK OF CALIFORNIA
Vendor
141 06/26/2003 000444 INSTATAX (EDD)
142 0~2~2003
000283 [NSTATAX(IRS)
Description
State Income Taxes Payment
Federal income Taxes Payment
Amount Paid
9,263.07
31,441.40
Sub total for UNION BANK OF CALIFORNIA:
Check Total
9,263.07
31,441.40
40,704.47
Page:l
ITEM 4
APPROVAL ~
CITY ATTORNEY
DIRECTOR OF
CITY MANAGER /.~'] ~
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City ManagedCity Council
Genie Roberts, Director of Finance~(~
July 8, 2003
City Treasurer's Report as of May 31,2003
PREPARED BY:
RECOMMENDATION:
May 31,2003.
Karen Jester, Assistant Director of Finance
Pascale Brown, Senior Accountant {~
That the City Council receive and file the City Treasurer's Report as of
DISCUSSION: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of May 31,2003,
FISCAL IMPACT: None
Attachments: City Treasurer's Report as of May 31,2003
City of Temecula
City Treasure(s Report
AS of May 31, 2003
Cash Activity for the Month of May:
Cash and Investments as of May 1, 2003
Cash Receipts
Cash Disbursements
Cash and Investments as of May 31, 2003
Cash and Investments Portfolio:
Type of Investment
Petty Cash
General Checking
Sweep Account
(Money Market Account)
Flex Benefit Demand Deposits
Local Agency Investment Fund
Federal Agency- Callable
Checking Account
(Parking Citations)
Delinquency Maintenance Account - CFD 88-12
(Investment Agreement)
Delinquency Maintenance Account - CFD 88-12
(Money Market Account)
Reserve Fund - CFD 88-12
(Investment Agreement)
Resenre Account- CFD 88-12
(Money Market Account)
Special Tax Fund - CFD 01-2
(Money Market Account)
Admin Expense Fund - CFD 01-2
(Money Market Account)
Variable Bond Fund - CFD 01-2
(Money Market Account)
Capital Interest Fund - CFD 01-2
(Money Market Account)
Interest Differential Fund - CFD 01-2
(Money Market Account)
Capital Improvement Fund - CFD 01-02
(Money Market Account)
Interest Account - RDA TABs
(Money Market Account)
Reserve Account - RDA TABs
(Money Market Account)
Project Account - RDA TABs
(Money Market Account)
Project ACCOunt-RDA TABs
(Local Agency Investment Fund)
Delivery Cost Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Local Agency Investment Fund)
Institution
City Hall
Union Bank
Union Bank
(Highmark U.S. Treasury)
Union Bank
State Treasurer-LAIF
Federal Home Loan Bank
Union Bank
CDC Funding Coq)
U.S. Bank (First Am. Treasury)
CDC Funding Corp
U.S Bank FirstAm. Treasury)
U.S, Bank FirstAm. Treasury)
U.S. Bank First Am. Treasury)
U.S. Bank FirstAm. Treasury)
U.S. Bank First Am. Treasury)
U.S. Bank First Am. Treasury)
U.S. Bank First Am. Treasury)
U.S. Bank FirstAm. Treasury)
U.S. Bank FirstAm. Treasury)
U.S. Bank FirstAm. Treasury)
State Treasurer-LAIF
U.S. Bank (First Am. Treasury)
U.S. Bank (First Am. Treasury)
State Treasurer-LAIF
Maturity/
Purchase Termination
Yield Date Date
n/a
n/a
0.150 %
rt/a
1.769 %
2.000 % 05/30/2003 12/01/2005
n/a
5.430 % 09/01/2017
0.670 %
5.430 % 09/01/2007
0.580 %
0.670 %
0.670 %
0.670 %
0,670 %
0.670 %
0.670 %
0.670 %
0.670 %
0.670 %
1.769 %
0.670 %
0.670 %
1.769 %
Market
Value
1,000.630
11.994,841
(7,091,279)
$ 98,025,716
(1)-This amount is net of outstanding checks.
(2)-At May 31,2003 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $59,181,725.447.
The City's proportionata sham of that value is $75,025,455,
All investments are liquid and currently available.
The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet
budgeted and actual expenditures of the City of Temecula for the ne~ six months,
Par/Book
Balance
$ 1,500
(104,877)
720,000
8,460
74,769,350
1,000,000
4,042
500,000
483.103
1,531,469
5
447,273
487,677
2.736
130,610
4.605,660
45
30,513
10,535,130
6,489
2.977
2,751,635
$ 98,025,716
ITEM 5
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC~="~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
~F~,,S_usan W. Jones
~;ity Clerk/Director of Support Services
July 8, 2003
Rescheduling of September 9, 2003 City Council Meeting
RECOMMENDATION: Direct the City Clerk to reschedule the regular City Council Meeting of
September 9, 2003 to September 16, 2003 and to perform the appropriate postings and noticing
requirements of the Government Code.
BACKGROUND: Several members of the City Council will be attending the League of California
Cities Annual Conference in Sacramento, from Sunday, September 7th through Wednesday,
September 20, 2003. As a result, the meeting of September 9, 2003, will need to be rescheduled.
Staff would recommend that this rescheduled meeting be held on September 16, 2003.
FISCAL IMPACT: None
Agenda Reports/Meeting Schedule 1
ITEM 6
DIRECTOR Of FINANCE
CITY MANAGER .~'-7
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Susan W. Jones, City Clerk/Director of Support Services
July 8, 2003
Microsoft Software Licenses
Prepared by: Tim Thorson, Information Systems Manager
RECOMMENDATION: That the City Council authorize the pumhase of 250 Client Access
Licenses (CAL) of Microsoft Windows 2002 Professional from ASAP Software in a three-year
agreement for $54,972.50 per year for a total amount of $164,917.50.
DISCUSSION: The City is currently enrolled in a Microsoft volume licensing agreement that
only supports 180 workstations and does not provide an upgrade path to the Microsoft 2003
products needed to support the City's Information Systems Strategic Plan. The Microsoft Enterprise
Agreement for 250 workstations will make the City fully compliant and support the scheduled move
away from Novell to the Windows Active Directory System on August 1,2003. While this is a three-
year agreement totaling $164,917.50, it will be equally divided and be separately budgeted in each
fiscal year.
The Microsoft Enterprise Agreement is available on the State of Califomia Multiple Award Schedules
(CMAS) under information technology contract. The competitively quoted pdce is provided by an
authorized CMAS contractor. Under this agreement, it is within the City's discretion to take
advantage of the pdcing on another governmental entity contract. The contract is made available for
use by State of California agencies and any city, county, or local governmental agency empowered
to expend public funds. Therefore, this purchase is exempt from competitive bidding requirements.
Staff's research has determined that the CMAS price is the most competitive and that there are no
local vendors on the CMAS suppliers list. Also, it has been determined that the CMAS program is
consistent with the City's procurement policies and regulations and that it is used by many cities as
an industry standard. The attached enrollment form is for the purchase of Microsoft licenses from
ASAP Software:
FISCAL IMPACT: $54,972.50 was appropriated in the 2003-04 Fiscal Year Budget for the
Information Services Intemal Services fund.
Attachment: ASAP Software EnterpdseAgreement Enrollment/Quote
R:lS/caseyrn/agendareports/rnicrosoffiicense
Enrollment Number I
Reseller Must Complete the Following
Customer Purchase Order Number I
Enterprise Agreement Number
For Microsoft Internal Use Purposes
MICROSOFT STATE AND LOCAL GOVERNMENT ENTERPRISE ENROLLMENT
This MICROSOFT STATE AND LOCAL GOVERNMENT ENTERPRISE ENROLLMENT is entered into between you (the enrolled
affiliate signing below) and us (the Microsoft affiliate signing below) as of the effective date identified below. If different from the main
contact information, any notices must be addressed to the contact and locations outlined in the notices section below. We will notify you in
writing if our address information changes. You must notify us in writing if your address changes.
Customer Name Name and address of contracting Microsof~ affiliate
City of Temecula MSLI, GP
S~eet Address and/or post office box Street Address and/or post office box
6100 Nail Road
43200 Business Park Ddve Suite 210
City end Slate / Province City and State / Province
Temecula, California Reno, NV
Country and Postal Code Country and Postal Code
USA 92589-9033
USA 89511-1137
Contact Name
Tim Thorson
Phone Number Phone Number
909-694-6427 775-823-5600
Fax Number Fax Number
909-694-1999 775-826-7287
Email Address
Email Address
thorsont@cityoftemecula.org
For the Aaention of:
Tim Thoraon
Customer Notices Information (if different from above)
Customer Name
Street Address and/or post office box
City end State / Province
Countty and Postal Cede
Selquest~ microsoft.corn
For the Attention of:
Dept. 551, Volume Licensing
The enrollment and attached documents should be sent to the
above address for approval and processing[,
All NOTICES should have Copy To:
Microsoft Corporation, Law and Corporate Affairs
One Microsoft Wa}'
Redmon~ WA
USA 98052
Contact Name
Phone Number
Fax Number
Email Address
For the Attention of:
425-936-7329
For the Attention of:
Volume Licensin~ Attorney,
Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier as provided in
the State and Local Government Enterprise Agreement or extended as set out in the next sentence. You may elect to extend the term of this
enrollment for an additional 12 full calendar months. To do so, you must submit an order for the extension period to your reseller within
15 days following the term, covering the enterprise products, the additional products, and any additional qualified desktops added prior to
Microsoft gtate and Local Government Enterprtse Ermollment Cover Page Page I of 14
(MSLI) v5.2 (North dmerWan) March 1, 2001
the end of the term (including any qualified desktops for which you are required to submit an order as part of your third enniversmy true
up). The reference price for the extension of each enterprise product will be equal to the total enterprise product price divided by 3, di'dded
by the initial number of qualified desktops, multiplied by the total number of qualified desk, ps licensed as of the end of the term
(including any qualified desktops for which you are required to submit an order as part of your third anniversary true up). We are notable
to provide additional product reference pricing for the extension term. Plense contact your reseller for your pric~ and payment terms for the
enterprise products end additional products for the extension term.
Terms used in this enrollment shall have the meenings assigned to them in the State end Local Government Enterprise Agreement
identified above.
By signing this enrollment, you represent and warrant that:
a. You have read and understood the State and Local Government Enterprise Agreement identified above, including any
addenda end amendments to that agreement (spacificaliy including but not limited to the current version of the product use
fights), and agree to be bound by those terms.
b. You are either the entity which signed the State end Local Government Enterprise Agreement or its affiliate.
e. You have ~;00 or more qualified desktops.
This enrollment consists of (1) this cover page, (2) the Shipping Information Form, (3) the Enterprise Order Form, (4)the Enterprise
Update Statement, (:5) the Reseller Information Form, and (6) the Product List, end by signing below, you agree that you are bound by the
terms of the State and Local Government Enterprise Agreement identified above and the product use rights applicable to products ordered
under this enrollment.
By signing below, you represent that the information that you provide on each of thc attached forms is accurate.
Name of Customer (Entity Name):
City of Temecula
Signature
Printed Name
Jeff~y fi. Stone
Printed Title
Mayor
Signature Date
Name of contracting Microsoft affiliate:
MSLI, GP
Signature
Printed Name
Printed Title
Signature Date
Effective Date
Microsoft 3~tate and Local Government Enterprise Enrollment Cover Page Page 2 of 14
(MSLI) vS.2OVorth American) March 1, 2001
Shipping Information Form
License confirmations and CD-ROM subscriptions will be shipped to the following address. If the CD-ROM shipping
address differs from the license confirmation shipping address, please complete the Initial Fulfillment Kit/CD-ROM
Shipment Contact address section on the following page.
License Confirmation Ship-to Information (l[ di~erent [rom address on the cover pa~e~
Customer Name Customer Contact Email Address
~ity of Temecula
St~t Address Customer Contact Language (If different than
P.O. BOX 9033 language of this enrollmen0
City and State / Province and Postal Code
Temecula, California 92589-9033
Country
USA
Contact Name Microsoft Account Manager Name
Tim Thorson
Phone Number Microsoft Office Location
909494-6427
Fax Number Microsoft Contact Email Address (if applicable)
909-694.-6498
Microsoft will automatically ship one CD-ROM kit, and periodic additional CD-ROMs containing updates, for
each pool and language designated in the table below. Please mark each box with an "X' for the language(s) you
wish to have shipped for each of the enterprise and additional products for which you have chosen under this
enrollment. If you would like to receive addillonal shipments of CD-R
OM kits, you may order them through your reseller for a fee.
Initial Fulfdlment Kit / CD-ROM Shipment Contact
City of Tem®cula
(If dl~erent from License Con~rmation contact)
Tom Hafeli
Sh'e~ Addte~ Phone Number
P.O. Box 9033 909-694-6444
Temecula, California 92589-9033 909-694-6498
USA hafelitk@cityoffemecula.org
Microsoft State c~l Local Government Enterprise Enrollment Shaping Information Form Page $ of 14
(M~ZI) v$.2(North ~lc~n) March 1, 2001
Mlcrosofl 6~ate and Local Government Enterprise Enrollment Shlpptng Information Form Page 4 of 14
(MSLO vS.2(North ~tmerlcan) Mtn'ch 1, 2001
L Definition of the Enterprise
Enterprise Order Form
Section I: Your enterprise must consist of entire agencies, departments, or jurisdictions, not partial agencies, departments or
jurisdictions. Each affiliate must be entirely "in" or entirely "out". Note: when we refer to Enterprise Enrollment, we mean either an
Enterprise Enrollment or an Enterprise Select Agreement. Please check only one of the applicable boxes in Section 1 below. Note: all
affiliates acquired after the effective date of this enrollment that arc not party to an Enterprise Enrollment of their own will automatically
be included unless you fill in Section 2 below.
(i) [K] You and all affiliates.
(ii) [ ]
I.
You and the followin~ affiliates will be participating:
NOTE: If more than 6 affiliates are being included, attach list of names on separate piece of paper.)
(iii) [ ] You and all affiliates, except the following affiliates, will be participating:
I.
3.
4.
5.
6.
(NOTE: If more than 6 affiliates are heinz excluded~ at~ach list of names on separate piecc of paper.)
Section 2: Unless you check the box below, all affiliates acquired after the effective date of this enrollment that are not party to an [
Enterprise Enrollment of their own will automatically be included.
[ ] Exclude all afflinte~ ecquirod a~er thc effective date of this enrollment that nrc not party to an Enterprise Enrollment of
their own.
2. Designated Languages
You will use the enterprise and additional products in thc language category specified below. Please mark one box below with an "X' for
thc language category of your choice.
"Listed languages" means any of thc following localized language vgtsions: Chinese Simplified, Chinese Traditional, Czech, English,
Greek, Hebrew, Hungarian, Korean, French Canadian, Japanese, Polish, Portuguese (Brazil), Russian, Turkish, Thai and if this enrollment
is signed in Latin America, then Spanish.
"All languages" means (i) all of the languages in the listed languages catagoty above, and (ii) all of the restricted languages below.
"Res~icted languages" means Danish, Dutch, Finnish, French, German, Italian, Norwegian, Portuguese (Portugal), Spanish, Swedish,
Arabic and, if the enrollment is signed in Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy, Luxembourg,
Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden, or Spain, then English becomes a restricted language.
Listed Languages Note: By electing the listed language category you may use a
maximum of 10% of the copies of any product in the res~icted
Microsoft State and Local Governmem Enterprise Enrollment Enterprise Order Form Page $ of 14
(I~$LI) v$.2OVorth American) March 1, 2001
Enterprise Order Form
3. Language Allocation
You estimate in good faith that you will usc the enterprise and additional products in the languages and percentages specified below (if
more space is needed, please attach on a separate sheet):
Lananane Versions
English
100
%
%
%
%
4. Enterprise Product Licenses
The prices stated below arc for your reference only. Your price and payment terms for all products ordered will be determined by
agreement with your chosen reseller.
a. Initial Order for Enterprbe products
(To be completed by Microsoft or reseller)
The price of the enterprise licenses will be billed to your reseller in annual installments. The first installment will be invoiced upon
submission oftbe order; the remaining installments will be invoiced at each anniversary oftbe effective date of this enrollment.
Qualified Desktops: You represent that the total number of qualified desktops in your
enterprise is, or will be increased to this number, during this enrollment. (This number must be
equal to at least 500 desktops.)
250
You must choose the Enterprise Desktop Professional Platform or at least one of the individual enterprise products by checking the boxes
below. (You may choose more than one of the individual enterprise products.) This choice must be made before selecting any of the
additional prodants listed in section 5a below.
Currency
(a) (b) = (a) * number of
qua[ffled desktops above
Enterprise Product %/ Annual enterprise
product Der desktop Annual enterprise product
price price
Enterprise Desktop
Professional Platform 219.89 54,972.50
(e) = (b) * 3 year term
Total enterprise product price
164,917.50
Includes: Microsoft Office Professional, Microsoft BackOffice Client Access License, and Microsoft Windows Desktop Operating System
Upgrade
Office Professional
BackOffice Client Access
License
Windows Desktop
Operating System
Upgrade
Mterozoft State and Local Govermnent Enterprire Enrollment Enterpr~e Order Form Page 6 of 14
(MSLI) vS.2(l~orth American) Mcmch 1, 2001
Enterprise Order Form
Note: Because all operating system licenses provided under this program will be upgrade
licenses, you agree that all new or replacement qualified desktops acquired during the term of
this enrollment on which you will mn the Windows operating system will be licensed for one
of the following from the desktop's Original Equipment Manufacturer: Windows 95, Windows
98, Windows NT Workstation, Windows 2000 Professional, or successor products to Windows
2000 Professional.
The enterprise products are:
*Windows Desktop Operating System Upgrade;
,,Microsoft Office Professional (the current version of which consists of the following components: Microsoft Word, Microsoft Excel,
Microsoft. PowerPoint, Microsoft Outlook, Microsoft Publisher and Microsoft Access);
*Microsoft BackOffice Client Access License (the current version of which consists of Client Access Licenses for the following
components: Windows NT Server, SQL Server, Microsoft Exchange Server, Systems Management Server, Site Server and SNA
Server)
b. Enterprise True-up Orders for Enterprise products
(To be completed by Microsoft or reseller)
The price of the enterprise license for any tree-up order will be billed to your reseller upon submission of your order. Troe-up orders must
be submftted within 15 days following the anniversary of the effective date and expiration or termination of this enrollment.
Please complate the table below for the enterprise products selected in section 4(a) above.
Currency
Enterprise Product . Year one per desktop Year two per desktop Per desktop price for subsequent
price price years
Enterprise Desktop
Professional Platform
Includes: Microsoft O~ce Professional, Microsoft BackO_~ce Client .4ccess License, and Microsoft Windows Desktop Operating System
Upgrade
Offiec Professional
BackOffice Client Access
License
Windows Desktop
Operating System Upgrade
Not~: Because all operating system licenses provided under this program will be upgrade
licenses, you agree that all new or replacement q~ifled desktops acquired during the term of
this ~arollment on which you will mn the Windows operating system will be licensed for one
of the following fi'om the desktop's Original Equipment Mun~: Windows 95, Windows
98, Windows lqT Workstation, Windows 2000 Professional, or soeccssor produ~s to Windows
2000 Professional.
c. Subsequent orders for Enterprise Products
The price of the enterprise licenses for any subsequent enterprise product order placed prior to the first anniversary will bo billed to your
reseller in annual installments. The first installment will be invoiced upon submission of the ordes; the remnlnin~ insL~llmenta will be
invoiced at each annivcrsa~ of the effective date of this enrollment. The price of the enterprise licenses for any subsequent enterprise
product order placed after the first anniversary will be billed to your reseller upon submission of your order,
Mlcro~ofl State and Local Government Enterprise Enrollment Enterprise Order Form Page 7 of 14
(I~$LI} v$.2(Norlh.drnertcan) Mc~ch 1, 2001
Enterprise Order Form
5. Additional Product Licenses
(To be completed by Microso~ or reseller)
The prices stated below are for your reference only. Your price and payment terms for all products ordered will be determined by
agreement with your chosen reseller. The price of the additional product licenses for the initial order in section 5(a) below and any
additional product licenses ordered prior to the first annivcrsa~ of the effective date will be billed to your reseller in annual installments.
Thc first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the
effective date of this enrollment. Subsequent orders of additional products placed a~er year 1 will be invoiced in total upon submission of
the order.
a. Initial Order for Additional products
(To be completed by Microso)O or reseller)
You may choose to license additional products by entering the names and quantities for the products of your choice in the table below. For
a list of the available additional products, contact your reseller. You may choose more than one additional product. Please enter the
appropriate quantity of licenses for each additional product you choose to license. If you choose to license more than 10 additional
products, attach a list of names and quantities for the remaining products on a separate piece of paper.
Currency
(a) (b) (¢) = (a) * (b) (d) = (e) * 3 year term
Additional Products Quantity Annual Annual additional Total additional product price
additional product price
product ocr
license price
Microsoft State and Local Government Enterprise Enrollment Enterprise Order Form Page 8 of 14
(M~LI} vS.2(North .4mericcm) March I, 2001
Enterprise Order Form
Currency
(a) ] (b) (c) = (a) * (b) (d) -- (c) * 3 year term
I
Additional Products Quantity Annual Annual additional Total additional product price
additional ] product price
product Der
6. Initial Product Order Total for the enterprise and additional products chosen in 4a and Sa above
fro be completed by Microsoft or re~eller)
Microsoft State and Local Government Enterprise Enrollment Enterprise Order Form Page 9 of l 4
(M~L1) vS.2OVorth American) March 1, 2001
Enterprise Order Form
Currency US Dollars
Annual enterprise and additional product price
I lnitinl Enterprise
Product Order Total 54,972.50
from 4a
2 lnltiel Additional
Product Order Total 0
from 5n
3 Grand Total 3=1+2 54,972.50
Microsoft State and Local Go~ernmem Enterprise Enrollmem Enterpr~e Order Form Page 10 of 14
(I~$LI) vJ.2(North American) Mca'ch 1, 2001
Enterprise Update Statement
ENTERPRISE AGREEMENT NUMBER
ENROLLMENT NUMBER
COMPANY NAME
ENROLLMENT ANNIVERSARY DATE
An Enterprise Update Statement must be submitted ONLY if the number of qualified desktops for the enterprise products has
not increased as of any of the anniversary dates of your State and Local Government Enterprise Eurollment. If there has been
an increase in the number of qualified desktops for the enterprise products, please submit an order to your reseller.
I agree that there has been no increase in the number of qualified desktops for the enterprise products in my enterprise.
Statement completed by:
City of Temecula
.~thorized ~ignature v
Tim Thorson
Contact Name (please print)
Information Systems Manager
Title
Date
Submit an original to: Your reseller
Microsoft State w~l Lecal Government Enterprise Enrollment Enterprise Update Statement Page 11 of 14
(MSL1) vS.2OVorth ~merican) March 1, 2001
1. General information
Reseller Headquarter Information
Reseller Information Form
(Reseller should complete the following sections.)
Reseller Company Name
Hesdquar~rs Street Address and/or post office box
CiW and State / Province and Postal Code
Count~
Contact Name
Phone Number
Fax Number
Email Address
2. Billing information for enterprise and additional product coverage
(To be filled bt for customers with $00-4,999 desktops ONLY. A Channel Price Sheet will be supplied by Microsoft for
customers with 5,000 and greater desktops.)
Direct Partner purchase order number: [
t
Part number and price information for enterprise and additional product license coverage: Insert in the table below
the Microsoft part number and price information to be billed for the enterprise product desktops and add~'onal
product quantities entered in Parts 4a and 5a of the Enterprise Order Form and by language selected in Part 2 of the
Enterprise Order Form.
Price list month (the month of the price list the prices listed below are from):
I
(NOTE: The ~ number and price ~ It brmntlon required below l~ pro~ded to the Direct Parmer on the Enterprise $ Price LIs~)
Currency
Microsoft Part Number Product Offering Price Purchase Usage Country Quantily
Language Level Unit
Microsoft State and Local Government Enterprise Enrollment Reseller Information Form Page 12 of 14
(I~L1) v$.2OVorth American) March 1, 2001
Reseller Information Form
Currency
Microsoft Part Number Product Offering Price Purchase Usage Country QuantlO~
Language Level Unit
Mlcroso~ State and Local Government Enterprise Enrollrnent Reseller l~formatlon Form Page 15 of 14
(I~LI) vS.2fNor~h ~4merican) March 1, 2001
Reseller Information Form
Please note: Billing currencies are limited to the currencies Microsoft accepts in a given country. Microsoft accepted
billing currencies are stated, by country of enrollment, in the table below. The currency selected for this enrollment
will apply for the entire term of this enrollment including the extensions.
Currency Accepted in Country
US Dollars United States, Latin America, Asia (except Japan, Korea, and Taiwan), Greece,
Eastern Europe, Middle East~ Africa
Canadian Dollars Canada
Australian Dollars Australia
New Zealand Dollars New Zealand
EURO Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy,
Luxembourg, Netherlands, Norway, Pormgnl, Spain, Switzerland, Sweden, and
United Kingdom
Danish Krone Denmark
Japanese Yen Japan
Korean Won Korea
Norwe~gian Krone Norway
Pound Sterling United Kingdom
Swiss Franc Switzerland
Swedish Krona Sweden
Taiwan Dollar Taiwan
The above price levels for the initial order will be extended to reseller for the term of this enrollment. The price of the
enterprise licenses and additional product licenses will be billed in annual installments. The first installment will be
invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date
of this enrollment. Signature acknowledges that the above price level and coumry of usage information has been reviewed
and agreed to by the reseller, subject to the terms and conditions of its agreement with the licensing Microsoft affiliate.
Reseller by signing below, acknowledges that it has read this enrollment (including any amendments to it), and reseller
acknowledges that pursuant to the terms of this enrollment, the enrolled affiliate may have rights to terminate this
enrollment under certain circumstances, or reduce the number of qualified desktops covered in ways that may reduce the
total enterprise and additional product price.
The undersigned confirms that the reseller information is correct.
Name of Reseller:
(Signature)
Name:
(Printed)
Title:
(Printed)
Date:
Microsoft State and Local Government Enterprise Enrollment Reseller l~formation Form Page 14 of 14
(MSLI) v$.2OVorth American) March 1, 2001
ITEM 7
APPROVALA
CITY ATTORNEY
DIRECTOR OF FiNAN~F_.,~i~-
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City ManageflCity Council
Susan W. Jones, City Clerk/Director of Support Services
July 8, 2003
AeroSurf Lease Agreement
Prepared by: Tim Thorson, Information Systems Manager
RECOMMENDATION: That the City Council approve the Aerosurr Lease Agreement
BACKGROUND: AeroSurf is a local broadband wireless Intemet service provider (ISP) that
offers high-speed service throughout the City. The City of Murrieta uses AeroSurf as it's primary
ISP.
By approving this agreement, it will provide AeroSurf the ability to install a roof antenna on Fire
Station No. 84 (Pauba Road),This installation will provide high-speed intemet services to citizens in
the Santiago Rd area who do not have internet services and are blocked from radio transmissions
by geographic features. In exchange, AeroSurf will install high-speed internet service to eight City
locations as depicted in Exhibit B.
These wireless installations (as per Exhibit B) located in the exhibit support emergency services and
provide alternative technology for Intemet access. This will be useful for Emergency Operations,
updating GIS data to the fire vehicle computer systems, and experimentation with Mobile Intarnet
and GPS vehicle tracking.
FISCAL IMPACT:
ATTACHMENTS:
None
AeroSun~ Lease Agreement w/Attachments A & B
ANTENNA SITE AGREEMENT
BETVVEEN THE
CITY OF TEMECULA AND AEROSURF, INC
1. Premises and Use. City of Temecula ("Landlord") leases to AeroSurf, Inc, a
Missouri Corporation ("Tenant"), the following site: A portion of property listed on Exhibit
B for antenna space, space for placement of Tenant's base station equipment and
space required for Tenant's cable runs to connect telecommunications equipment and
antennas, together with the right of ingress and egress for reasonable access thereto
and to the appropriate source of electric facilities, (collectively, the "Site"). The Site will
be used by Tenant for the purpose of installing, removing, replacing, modifying,
maintaining and operating, at its expense, a telecommunications service system facility
consisting of the of antenna(s) and related equipment in Exhibit A incorporated herein
by reference. Landlord may renegotiate this agreement if Tenant installs additional
equipment not included in Exhibit A and used to increase customer capacity at Site.
Landlord permits Tenant to change equipment manufacturer and models listed in
Exhibit A only if it does not increase customer capacity of the Site. The exact location,
size and configuration of the antennas and equipment shall be only with the written
consent of Landlord. Once installation is complete in the location consented to by
Landlord consent shall be deemed satisfied. Landlord shall not allow other tenants to
use equipment in the same radio frequency as identified in Exhibit A without written
consent from the Tenant.
2. Term. The "Initial Term" of this Agreement shall be two (2) years plus the Tenant
shall have an (2) two-year option to extend. The lease shall begin on the first day of
January 2003 and terminate on the 31st of December 2004. Notice of extensions shall
be automatic unless Tenant shall notify Landlord sooner than thirty (30) days prior to the
expiration of the option or extension period of Tenant's intention not to renew. The lease
shall begin on the date both Tenant and Landlord has signed the contract and
terminates on the second anniversary of that date.
3. Consideration. Tenant shall pay rent to Landlord during the life of this lease, by
providing basic Internet access packages with an estimate monthly cost of $399.60 at
each of the eight (8) locations identified in Exhibit B which includes: all necessary
equipment for wireless connection, full-time high speed Internet access up to the
monthly bandwidth limit of the package (10GB for business.) Tenant will be responsible
for charges for any additional services and twenty dollars ($20) monthly per site as a
reimbursement fee for electricity used for the equipment. In the event that either party
feels that this amount unfairly represents the actual amount of electricity used then that
party may ask for or perform at any time a calculation based on the manufacturers
specifications of the equipment in place and the results of such mutually agreed upon
calculation shall represent the actual reimbursement to be paid for electricity thereafter.
4. Assignment. Tenant may assign or transfer this Agreement, with the prior
approval of the Landlord, on one (1) occasion only, with the prior written consent of
Landlord and without greater compensation to the Tenant. Landlord will not
unreasonably deny said transfer and may not deny for compensatory gain. Landlord
may assign this agreement without prior written consent of Tenant, only in event of sale
of land.
5. Access. Tenant will have the reasonable right of access to the antennas and
equipment. Reasonable right of access shall be defined as access during normal
business hours with Tenant giving Landlord at least one (1) day advance verbal notice
and immediate notice and access in the event of an emergency.
6. Notices. All notices must be in writing and are effective 3 days after being
deposited in the U.S. mail, certified and postage prepaid, or are effective 1 day after
being sent via overnight delivery, to the address set forth below, or as otherwise
provided by law.
7. Installation and Removal of Equipment. Tenant's installation of equipment,
cables and antennas shall be in a professional manner that is consistent with or better
than existing structural and cosmetic construction. All installations shall be made to
existing structures with minor modification to it. There shall be no installation or
placement of any new structure, pole or tower upon the site.
Upon termination of this Agreement, Tenant shall have 60 days to remove its
Equipment and Improvements and will restore the Site to the condition existing on the
Commencement Date, except for ordinary wear and tear and insured casualty loss. If
Tenant fails to remove its equipment as specified in the 60 days, Tenant's equipment
will be subject to disconnection, removal, and disposal by Landlord at Tenants expense.
8. Compliance with Laws. Tenant will comply with all applicable CC&R's, building
codes, ordinances, regulations and laws relating to its installation, possession and use
of the Site and its Equipment. In the event of any notice of violation arising out of the
installation and use of the equipment and site, Tenant shall be responsible for the
remedy of such violation and the payment of any permit, fee or fine provided however
that if it comes to the attention of the parties that there are such regulations which
Tenant is unable to comply with then Tenant shall have the right to cancel this
Agreement.
9. Default. If the Rent or other amount due hereunder is not paid within 10 days of
the date due Landlord may charge interest on the past due amounts at the rate of five
percent (5%) of the total rent due as a late charge. If either party is in default under this
Agreement for a period of (a) ten (10) days following receipt of notice from the non-
defaulting party with respect to a default which may be cured solely by the payment of
money, or (b) thirty (30) days following receipt of notice from the nondefaulting party
with respect to a default which may not be cured solely by the payment of money, then,
in either event, the nondefaulting party may pursue any remedies available to it against
the defaulting party under applicable law. If the non-monetary default may not
reasonably be cured within a thirty (30) day period, this Agreement may not be
terminated if the defaulting party commences action to cure the default within such thirty
(30) day period and proceeds with due diligence to fully cure the default.
10. Insurance and Indemnity. Tenant shall keep in force a Commercial General
Liability policy of insurance protecting the Tenant and Landlord against claims for bodily
injury, personal injury or property damage arising out of use or occupancy of the Site by
Tenant and the limits of said insurance shall be no less than $1,000,000 per
occurrence. Landlord will be named as additionally insured. A copy of the current
insurance policy will be provided to the Landlord upon request. Additionally, Tenant
shall be responsible for the management, supervision, safety and control of its
employees, agents, officers, directors, customers, suppliers and subcontractors, and
shall maintain, and require its suppliers and subcontracts to maintain, Workers'
Compensation insurance covering its employees, agents, officers, directors, customers,
suppliers and subcontractors.
Failure to maintain the above described insurance is a material breach of this
agreement and is grounds for termination of this agreement.
Tenant hereby agrees to indemnify, defend and hold Landlord harmless from, and
against any and all cost (including reasonable attorneys fees and cost) and claims of
liability or loss which arise out of the use or occupancy of the site by Tenant, Tenant's
employees, agents, officers, directors, customers, suppliers and subcontractors. This
indemnity does not apply to any claims arising from the gross negligence or intentional
misconduct of the indemnified party.
Landlord will have no liability for any loss or damage due to personal injury or death,
property damage, loss of revenues due to discontinuance of operations at the Site, libel
or slander, or imperfect or unsatisfactory communications experienced by the Tenant for
any reason whatsoever.
11. Liens/Taxes. Tenant will not permit any mechanics, materialman's or other liens
to stand against the Site for any labor or material furnished the Tenant in connection
with work of any character performed on the Site by or at the direction of the Tenant. In
the event that any notice of lien will be filed or given, Tenant will, within thirty (30) days
after the date of filing cause the same to be released or discharged by either payment,
deposit, or bond. Landlord will be fully indemnified by Tenant from and against any
losses, damages, costs, expenses, fees or penalties suffered or incurred by Landlord on
account of the filing of the claim or lien (including reasonable attorney fees). Tenant
shall pay when due all applicable taxes relating to the use of the site, including, without
limitation, possessory interest taxes.
12. Miscellaneous.
(a) This Agreement applies to and binds the heirs, successors, executors,
administrators and assigns of the parties to this Agreement and the subject property;
(b) This Agreement is governed by the laws of the State of California
(c) This Agreement (including the Exhibits) constitutes the entire Agreement between
the parties and supersedes all prior written and verbal agreements, representations,
premises or understandings between the parties. Any amendments to this Agreement
must be in writing and executed by both parties;
(d) If any prevision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such prevision to persons
other than those as to whom it is held invalid or unenforceable, will not be affected and
each prevision of this Agreement will be valid and enforceable to the fullest extent
permitted by law;
(e) The prevailing party in any action or proceeding in court or mutually agreed upon
arbitration proceeding to enforce the terms of this Agreement is entitled to receive its
reasonable attorneys' fees and other reasonable enforcement costs and expenses from
the non-prevailing party; and
(f) Failure or delay on the part of Tenant or Landlord to exercise any right, power, or
privilege hereunder will not operate as a waiver thereof; waiver of a breach of any
provision hereof under any circumstances will not constitute a waiver of any subsequent
breach of the prevision, or of a breach of any other provision of this Agreement.
(g) Landlord or Tenant may terminate agreement if tenant equipment is found to be a
health risk or hazard by an official government agency and not exchanged by a
government approved replacement within 30 days of notice.
CITY OFTEMECULA
Jeffrey E. Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
AemSurf, Inc.
42655 Reagan Way Suite H
Murrieta, CA 92562
(909) 384-9986
Exhibit A
Antenna Site Agreement
Equipment List
(May or may not be installed. Model numbers may change)
3 - Motorola Canopy 5.2ghz to 5.899 ghz radios and associated antennas
2 - Cisco ^ironet 2.4ghz radios and associated antennas
1 - Standard communications cabinets for telephone circuits and related equipment.
(Small form factor)
Standard Coaxial and Network cable used for installation
Standard antenna mounting equipment
Exhibit B - AeroSurf Antenna Site Agreement
~ City
November 12, 2002
~ Highways ~
Streets /[ 2000~__0 2000 4000 Feet
'Parcels
ITEM 8
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER ~,~)
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
Gary Thornhill, Deputy City Manager
July 8, 2003
Agreement for Consulting Services Between the City of Temecula and PELA
PREPARED BY:
Stephen Brown, Principal Planner
RECOMMENDATION: That the City Council approve the Contract with PELA for landscape
plancheck and inspection services in the amount of $100,000.00.
BACKGROUND: The Community Development Department's Planning Division has for the
past eight years utilized the services of a consultant as an extension of staff to provide landscape
review and inspection services. Over that period of time, the Department has retained the services
of PELA (formerly named PELA/THE ELLIOTT GROUP) to perform these services. The current
contract expired on June 30, 2003. The fees associated with this contract will remain essentially the
same as the previous contract.
Staff would like to note that the landscape review services are provided on a cost recovery basis.
The Planning Department requests a line item during the City's annual budget process to fund the
on-going task of landscape review. The landscape contractor invoices the City and is paid from the
line item. Fees paid by applicants during the development review process are paid to the general
fund, which offsets the invoiced amounts paid by the City to the landscape contractor.
FISCAL IMPACT: Contract funded in 2003-04 FY budget under Account No. 001-161-999-5250.
ATTACHMENTS:
City of Temecula Agreement for Consulting Services (Landscape
Plancheck and Inspection)
R:~BROWNS~Jandscape~staffrpt cc 2003-04.doc I
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
(LANDSCAPE PLANCHECK AND INSPECTION)
THIS AGREEMENT is made and effective as of July1, 2003, between the City of
Temecula, a municipal corporation ("City") and PELA, ("Consultant"). In consideration ofthe mutual
covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2003, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2004, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Consultant hereunder in meeting its obligations under
this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed One Hundred Thousand
Dollars and no Cents ($100,000.00) for the term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the
invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or: without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days
prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
R:\BROWNS\landscape~landscape services agreement FY 03434.doc
b. In the event this Agreement is terminated pursuant to this Section, the City
shalt pay to Consultant the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agroement,~ City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately bywdtten notice to
the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shal! have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
7. OWNERSHIP OF DOCUMENTS,
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fled and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall
allow inspection of all-work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be maintained for a period of three (3)
years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not be
liable for any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnity, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain
R:~BROVqNS~landscape\landscape services agreement FY 03-04.doc
or incur or which may be imposed upon them for injuFy to or death of persons, or damage to property
arising out of Consultant's negligent or wrongful acts or omissions arising out of or in anyway related
to the performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as bread as:
(1)
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01 06
92 covering Automobile Liability, code 1 (any auto). If the Consultant
owns no automobiles, a non-owned auto endorsement to the General
Liability policy described above is acceptable.
(3)
Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4)
Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3)
Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for
bodily injury or disease.
(4)
Professional Liability coverage) One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
R: ~BROVCNS\landscape\landscapc services agreement FY 03-04 .doc
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(2)
(3)
(4)
(5)
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
For any claims related to this project, the Consultant's insurance
coverage shall be pdmary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except affer thirty (30)
days' prior written notice by certified mail, return receipt [equested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Covera.qe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by'the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
R:\BROWNS\landscape\landscape services agreement FY 03~04.doc
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of
Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall
not at any time or in any manner represent that it or any of its officers, employees or agents are in
any manner officers, employees or agents of the City. Consultant shall not incur or have the power
to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The
City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the
Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten
authorization from the City Manage[ or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or coud order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
thereunder or with respect to any project or property located within the City. City retains the dght, but
has no obligation, to represent Consultant and/or be present at any deposition, heating or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunityto
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
R:\BROWNS~landscape\landscape services agreement FY 03-04.doc
13. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the party as set forth below
or at any other address as that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day following deposit with the
document delivery service or United States Mail as provided above.
To City:
To Consultant:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
PELA
637 Arden Drive
Encinitas, CA 92024
Attn: Michael G. EIliott
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only
Michael G. Elliott shall perform the services described in this Agreement. Michael G. Elliott may use
assistants, under their direct supervision, to perform some of the services under this Agreement.
Consultant shall provide City fourteen (14) days' notice prior to the departure of Michael G. Elliott
from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the
option to immediately terminate this Agreement, within three (3) days of the close of said notice
period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
16. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
'17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
R:~BROWNS\landscapc\landscape scrvices agreement FY 03-04.doc
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in
this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project.
Contractor further agrees to notify the City in the event any such interest is discovered whether or not
such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations ofthe parties described in this Agreement. All pdor or
contemporaneous agreements, understandings, representations and statements, oral orwdtten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
'19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeffrey E Stone, Mayor
Attest:
Susan W. Jones, CMC
City Clerk
R:\BROWNS\landscape\landscape services agreement FY 03-04.doc
7
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
By:
Name:
Title:
By:
Name:
Title:
(Signatures of two corporate officers required for Corporations)
R:\BROWNS\landscape\landscape services agreement FY 03-04.doc
EXHIBIT A
SCOPE OF SERVICES
R:\BROWNS~landscape\landscape services agreement F~f 03-04.doc
City of Temecula, Community Development Department May 15, 2003
Landscape Plan Check & Inspection Services 2
Scope of Services
Development Review Committee Review
Upon notification from the Community Development Department that landscape
plans are ready for review; the contractor will pick up plans at the City. If desired
by the City, plans can be mailed to contractor's office. Two sets of landscape
plans along with one copy of the conceptual grading plan, architectural site plan
and architectural elevations will be transmitted to the contractor so that it can be
insured that landscaping is compatible with the architecture and appropriate for
the proposed grading.
The contractor may be required to meet with the project planner to discuss the
project prior to beginning the review. This option will be left up to the individual
planner.
The contractor will review the plans verifying consistency with the City
Development Code and other Ordinances in effect. A site visit will be performed
to become familiar with the site and surrounding area. One set of plans will be
red-lined with comments notifying the applicant of necessary revisions to be
made to bring the plans into conformance with City requirements, items not
addressed in the City Development Code or applicable Ordinances but that are
outside of professional norms will also be marked for explanations from the
applicant. Plans will be cross-checked against the architectural and grading
plans.
The contractor will return one set of red-lined plans along with plan check
comments to the project planner. Plan check comments will also be sent to the
project planner via e-mail for use in formulating reports back to the applicant.
One set of plans will be kept on file at the contractor's office so that if questions
arise from either the project planner or the applicant, the contractor with full
knowledge of the project can provide answers.
On larger projects where many comments are made, the contractor shall provide
a second review .if necessary, based on the project planner's direction to insure
that plans have been revised to be in conformance with City requirements.
Comments should be returned to the project planner within two days after receipt
of the landscape plans but in no case later than one week after notification of
plan pick up.
Multiple reviews shall not be covered under the initial conceptual review cost.
Additional conceptual reviews beyond the first review shall be billed at the flat
rate fee indicated on Exhibit B "Payment Rates and Schedule."
City of Temecula, Community Development Department
Landscape Plan Check & Inspection Services
May 15, 2003
3
Construction Documents Review
Upon notification from the Community Development Department that
construction landscape plans are ready for review; the contractor will pick up
plans at the City. If desired by the City, plans can be mailed to the contractor's
office. Two sets of landscape construction plans along with one copy of the
approved conceptual landscape plan, conditions of approval, and final precise
grading plan will be transmitted to the contractor.
The contractor will review the plans verifying consistency with the City
Development Code, other Ordinances in effect, the approved conceptual
landscape plan and conditions of approval. One set of plans will be red-lined
with comments notifying the applicant of necessary revisions to be made to bring
the plans into conformance with City requirements. Items not addressed in the
City Development Code or applicable Ordinances but that are outside of
professional norms will also be marked for explanations from the applicant.
Plans will be cross-checked against the final precise grading plans.
The contractor will return one set of red-lined plans along with plan check
comments to the project planner. Plan check comments will also be sent to the
project planner via e-mail for use in formulating reports back to the applicant.
One set of plans will be kept on file at the contractor's office so that if questions
arise from either the project planner or the applicant, answers can be provided by
the contractor with full knowledge of the project.
Once revisions have been resubmitted by the applicant, the contractor will pick
up the plans at the City and re-check them for conformance. Two sets of revised
plans along with a cost estimate of the landscape work will be needed. Should
all revisions have been made and all questions answered, the plans will be
returned to the project planner with a letter recommending approval. If all
revisions are not made, one set of plans will be red-lined again and returned to
the applicant a second time for revisions. This process will continue until the
plans are brought into conformance with City standards, professional norms, and
approved landscape plans. The contractor will review the cost estimate and
where appropriate, the project planner will be notified that the estimate is
appropriate for required bonding requirements. Plan checks beyond the third
check will be billed at the rate indicated on Exhibit B "Payment Rates and
Schedule."
The contractor shall provide a unit cost breakdown for applicants to use in
preparing their cost estimates. This is to insure that below market costs are not
provided that could cost the City money if the project fails to be completed and
the City is forced to collect on bonds.
Comments/redlines should generally be returned to the project planner within
one week and in no case later than two weeks after notification of plan pick up.
City of Temecula, Community Development Department May 15, 2003
Landscape Plan Check & inspection Services 4
Landscape Inspection
Once notified that the applicant has completed the landscape installation, the contractor
will provide a landscape construction inspection in order to insure implementation is in
conformance with the approved plans. A written report will be provided to the project
planner after each inspection indicating the status. If desired by the project planner, the
contractor will send a copy of the report to the applicant/contractor so that they will know
which items need correction or completion. Each landscape inspection will be billed at
the rate indicated on Exhibit B "Payment Rates and Schedule."
Landscape Architectural Resources
The contractor shall be available to act as a resource for City staff responding to general
questions or questions regarding specific projects. Should staff require other tasks to be
performed, the contractor shall provide services based on the attached Exhibit B of
"Payment Rates and Schedule" or a mutually agreed upon flat fee.
Attendance at Meetings
The Contractor shall be available to attend Development Review Committee and
Planning Commission meetings as requested by City of Temecula Planning Staff based
on the attached Exhibit B of "Payment Rates and Schedule ".
EXHIBIT B
PAYMENT RATES AND SCHEDULE
R:\BROWNS~landscape\landscap¢ services agreement 1~ 03-04.doc
City of Temecula, Community Development Department
Landscape Plan Check & Inspection Services
May 15, 2003
5
Following is the breakdown of fees proposed for the plan check and inspection services outlined
in the scope of work. These fees are based on present insurance requirements of
$1,000,000.00 for errors and omissions.
Conceptual Plan Review
FLAT FEE OF $250.00
The following fees are based on reviewing a maximum of 3 submittals from the
applicant. Should additional reviews be necessary they will be charged at the rate of
$85.00 per sheet.
SQUARE FOOTAGE OF PROJECT
0-10,000
10,001- 25,000
25,001 -100,000
100 001 -135,000
135 001 -165,000
165 001 -200,000
200 001- 250,000
250 001 -300,000
300 001- 350,000
350 001- 400,000
400,001 & up
Plan checks beyond the 3~ Check
FLAT PLAN CHECK FEE
$600
$860
$1,120
$1,380
$1,620
$1,890
$2,160
$2,430
$2,700
$2,970
$2,970 + .0075~r each sq. ff. above 400,000
sq. ff.
$85.00/sheet
II.
Landscape Inspection
FLAT FEE OF $250.00NISIT
We are always available to act as a resource for City staff. Over the past 8 years
working with the City we have provided numerous consultations with staff responding to
general questions or questions regarding specific projects. This resource has been
provided at no additional cost to the City. We will continue to make ourselves available
and propose to provide these same resources to City staff at no charge. Should staff
require other tasks to be performed we will be happy to provide services based on our
hourly rates or a mutually agreed upon fiat fee based on the scope of work.
Attendance at Development Review Committee and Planning Commission meetings will
be performed at the fiat fee rate of $250/meeting.
City of Temecula, Community Development Department
Landscape Plan Check & Inspection Services
May 15, 2003
6
Fees for services other than those outlined above shall be at our hourly rates unless otherwise
negotiated.
Our present hourly rates are as follows:
Principal Landscape Architect
Landscape Architect
Landscape Designer
Draftsperson/CAD Operator
Clerical
$98.00/hour
$86.00/hour
$65.00/hour
$55.00/hour
$45.00/hour
ITEM 9
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIR. OF FINANCE~__
CITY MANAGER
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
Genie Roberts, Director of Finance~:~¢-~/
July 8, 2003
Authorization of Special Tax Levy in Community Facilities District No. 88-12
(Ynez Corridor)
PREPARED BY: Karen Jester, Assistant Finance Director~
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ
CORRIDOR)
DISCUSSION: The County of Riverside (the "County") established Community
Facilities District No. 88-12 (the "District") in 1989 to finance the acquisition of a park site and
improvements to Ynez Road, the Overland Drive overcrossing and other related public
improvements. In 1992, the County issued special tax bonds for the District in the principal amount
of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1,
1997, responsibility for the District was transferred from the County to the City. On May 12, 1998 the
City Council approved a resolution authorizing the issuance of special tax refunding bonds. On
June 25, 1998 special tax refunding bonds in the amount of $18,690,000 were issued. This
refunding will result in savings in debt service costs of approximately $2.3 million over twenty years.
The refunding bonds are special, limited obligations payable solely from special taxes levied on
property in the District and moneys held under the refunding bond documents. The refunding bonds
are in no way general obligations of the City.
Each fiscal year a special tax is required to be levied in an amount to meet the total amount of
principal and interest payable on the bonds, the estimated amount to be incurred for administrative
expenses, and the amount necessary to replenish any reserve funds. This amount will be
calculated and divided by the total number of acres of taxable property in the District. The resultin9
amount per acre will be multiplied by the number of acres in each parcel to produce the amount of
the special tax for such parcel for the fiscal year. The calculated special tax required to be levied for
the 2003-04 fiscal year is $1,513,635.30.
FISCAL IMPACT: The calculated special tax required to be levied for the 2003-04 fiscat year is
$1,513,635.30. This amount represents a $2,458.88 or 0.16% decrease from the 2003-04 special
tax levy.
Attachments:
-Special Tax Calculation Worksheet
-Resolution No. 2003-
RESOLUTION NO. 03-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ
CORRIDOR)
WHEREAS, the City Council of the City Of Temecula is the legislative body for
Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello-Roos
Community Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, Board of Supervisors of the County of Riverside has enacted Ordinance No.
690 in accordance with Government Code Section 53340 authorizing the levy of a special tax
assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax
assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula,
acting as the legislative body for Community Facilities District No. 88-12 (Ynez Corridor) as
follows:
Section 1. Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. 98-41 and County of
Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1,513,635.30 on
the parcels which comprise the CFD for Fiscal Year 2003-04 as set forth on a magnetic tape to
be provided by Albert A. Webb Associates to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount
previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that
previously approved by the qualified electorate of the CFD.
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in
part, the costs of the following items:
Payment of principal and interest on the outstanding authorized bonded
indebtedness.
Replenishment of the required bond reserve funds, or other reserve
funds, if necessary.
Payment of the administrative costs and incidental expenses of the CFD,
as provided in Resolution No. 98-41 and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for
any other purpose.
Section 5. The Auditor-Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in
accordance with this resolution for each lot or parcel of land affected in a space marked "CFD
No. 88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due.
R:/Resos 2003/Resos 03-_ 1
Section 6. The County Auditor-Controller shall, at the close of the tax collection
period, promptly render to the CFD a detailed report showing the amounts of the special tax
installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 7. The City Clerk shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2003.
A"I-I'EST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
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 8rh day of July, 2003, by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Cle~
R:/Resos 2003/Resos 03-~ 2
March 2004 Interest
September 2004 Interest
September 2004 Principal
Total Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Deficit (Surplus)
Reserve Adjustment
Total Obligation
Bonds Outstanding
Delinquency Rate for Fiscal Year 2000-01
Delinquency Rate for Fiscal Year 2001-02
Delinquency Rate for Fiscal Year 2002-03
$397,318.75
$397,318.75
$735,0OO.O0
$1,529,637.50
$1,531,468.75
$1,531,473.90
$5.15 -$5.15
$o.oo $o.oo
$1,529,632.35
$14,645,000.00
0.05%
11.34%
$794,637.50
Fiscal Agent
Tax Consultant (Webb)
Auditor -Controller
Foreclosure Counsel
Sales Tax Admin
Arbitrage Calculations (Series 1992 final)
Arbitrage Calculations (Series 1998 interim)
District Administration
Total Administration
Prior Year
Actual
$3,302.00
$6,000.00
$5,000.00
$2,000.00
$30,000.00
$46,302.00
FY2003-2004
Levy
$4,O00.00
$6,000.00
$100.00
$10,000.00
$6,000.00
$o.oo
$2,500.00
$30,000.00
$58,600.00
Total Obligation
Total Administration
Prior Year Deficit (Surplus)
Total Requirement
$1,529,632.35
$58,600.OO
($74,597.05)
$1,513,635.30
Administration % of Levy
Maximum Authorized Tax
City's % of Levy
JTot~l Levy
$8,235,356.59
$1;513,635 301
3.87%
1.98%
FY 2002-03 Levy St ,516,094.18
Difference ($2,458.88) -0.16%
ACCOUNT DESCRIPTION
Special Fund
Delinquency Maintenance Fund
Reserve Fund
Bond Fund
Administrative Account
Total Funds Available
Collection
Subtotal
Funds Needed for Sept. P & I
Other Sources:
Reserve Fund
Delinquency Maintenance Fund
Total of Other Sources
ACCOUNT
BALANCE
Asof5~0/03
$1,189,065.60
$983,103.32
$1,531,473.90
$56,416.23
$3,760,059.05
FUNDS
AVAILABLE
FOR SEPT P & I
$1,189,065.60
$0.20
$1,189,065.80
$0.00
$1,189,065.80
$1,114,468.75
$1,531,473.90
$983,103.32
$2,514,577.22
ITEM 10
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINA~,~,,.~
CITY MANAGER ~/~/~
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Council
Peter Thorson, City Attorney
July 8, 2003
Community Facilities District No. 88-12 (Ynez Corridor) Initiation of Action
Necessary to Foreclose Delinquent Special Tax Liens
PREPARED BY: Polly von Richter, Revenue Manager ~
RECOMMENDATION: That the City Council adopts a resolution entitled:
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING ACTION TO TRANSMIT TO THE
COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO
CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON
THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF
FURTHER DUTY THERETO IN COMMUNITY FACILITIES
DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING
ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX
LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF
INTENT TO REMOVE DELINQUENT SPECIAL TAX
INSTALLMENTS FROM THE TAX ROLL
BACKGROUND: On October 7, 1997, the City of Temecula became the governing entity for
Community Facilities District No. 88-12 ("CFD 88-12") which was originally established in 1988
by the County of Riverside for certain improvements on Ynez Road. Bonds were issued by
CFD 88-12 in 1992 in order to fund the improvements. In June 1998, these bonds were
refunded and new bonds were issued in their place. These bonds are repaid through parceled
special taxes. Such taxes are collected in bi-annual installments and are placed on the
County's tax roll rather than being hand-billed.
R:\von Richter~Slaff Reports\Staff Report - CFD 88-12 Foreclosure 2003 dcc
As a result of property owner's failure to pay the special taxes, the properties with the following
parcel numbers within CFD 88-12 are currently delinquent:
921-730-004-2
921-730-005-3
921-730-006-4
921-730-007-5
921-730-008-6
921-730-009-7
921-730-010-7
921-730-011-8
921-730-012-9
921-730-013-0
921-730-014-1
921-730-015-2
921-730-023-9
The delinquent parcels are located in the area just south of the auto park. As of June 20, 2003,
the delinquencies on these parcels is $99,267.
As the governing body of CFD 88-12, the City of Temecula is obligated to foreclose upon the
delinquent parcels pursuant to its responsibilities under the bond indentures.
In order for the City to proceed with its foreclosure action, it must first seek to "strip" the existing
delinquencies from the County's tax rolls. In order to achieve this, the City Council must adopt a
resolution which strips the delinquencies from the County's tax rolls. Subsequently, the City
must file a Notice of Stripping, which effectively relieves the County Tax Collector from further
responsibility in the collection and/or foreclosure upon the delinquent parcels.
The goal of the action is to obtain payment of the special taxes due along with interest, penalties
and costs of collection. The property owner will be given every opportunity to pay the amounts
due, but the City must formally proceed with the foreclosure actions.
FISCAL IMPACT: The delinquencies on these parcels in the amount of $99,267 will be used to
satisfy the debt service requirement on the outstanding bonds.
ATFACHMENTS:
Resolution No. 03-
Exhibit A to Resolution No. 03-
R:\von Richter~Sta~f Reports\Staff Report - CFD 88-12 Foreclosure 2003.doc
RESOLUTION NO. 03 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING ACTION TO TRANSMIT TO THE
COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO
CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR
UPON THE TAX ROLL AND TO RELIEVE THE TAX
COLLECTOR OF FURTHER DUTY THERETO iN COMMUNITY
FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW;
ORDERING ACTIONS TO FORECLOSE THE DELINQUENT
SPECIAL TAX LIENS; AND ORDERING THE RECORDATION
OF A NOTICE OF INTENT TO REMOVE DELINQUENT
SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare as follows:
A. The County of Riverside, California, did previously undertake proceedings
to and did establish a community facilities district pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982 (hereinafter "Mello-Roos Act"), as codified, Government Code
section 53311, et seq.; and
B. The County of Riverside did previously issue special tax bonds pursuant
to the applicable provisions of the Mello-Roos Act to finance public improvements; and
C. Pursuant to the Mello-Roos Act, the timely collection of the special tax
installments are necessary for the timely payment of all principal and interest on the special tax
bond and each special tax levy thereof and interest and penalties thereon constitute liens
against the tots and parcels of land against which they are made, until the same are paid; and
D. Certain special taxes have not been paid when due, and certain special
taxes may not be paid in the future; and
E. The County of Riverside has covenanted with the owners of the special
tax bonds to commence and diligently pursue foreclosure actions again those parcels of land
subject to the delinquent payment of special taxes; and
F. The City of Temecula, as successor-in-interest to the County of Riverside,
desires to assume the duty of the County of Riverside Tax Collector in collecting upon the
existing delinquencies in the Community Facilities District No. 88-12; and
G. Under the provisions of Section 53356.1 of the California Government
Code, the City Council is authorized, at any time prior to the expiration of four years subsequent
to the last maturity of the principal of bonds secured by assessment or reassessment, to order
the same to be collected by an action brought in the Superior Court to foreclose the liens of
delinquent special taxes; and
H. Under the provision of Section 53356.2 of the California Government
Code, when such foreclosure actions are ordered, the county tax collector is to be credited upon
the current tax roll with the amount charged against the tax collector on account of the
delinquent special taxes to be sued on and to be relieved of further duty in regard thereto and a
Notice of Intent to Remove Delinquent Special Tax installments from the Tax Rolls to be
recorded with the county recorder's office in the county in which the real property is located.
Section 2. The City Council of the City of Temecula hereby orders that the
delinquent payments of special taxes for CFD 88-12 with respect to those parcels identified on
"Exhibit A" attached hereto and incorporated herein, and all subsequent delinquent special
taxes with respect to those parcels which are not paid when due, be collected by action brought
in the Superior Court of Riverside to foreclose the liens thereof.
Section 3. The City Attorney is hereby authorized and directed to institute such
actions in the name of the City to foreclose the liens of all such delinquent special taxes.
Section 4. The City Clerk, in cooperation and in conjunction with the City Attorney, is
hereby authorized and directed to prepare and cause to be recorded with the County Recorder
of the County of Riverside a Notice of Intent to Remove Delinquent Special Tax Installments
from the Tax Roll.
Section 5. The City Clerk, in cooperation and in conduction with the City Attorney, is
hereby authorized and directed to transmit a certified copy of this Resolution to the
Auditor/Controller's office of the County of Riverside together with such other documents and
the payment of such fees as is necessary or appropriate to credit the County of Riverside Tax
Collector upon the tax roll with the amounts charged against the Tax Collector on account of the
delinquent special tax installments fo be sued upon and to relieve the Tax Collector of further
duty in regards thereto.
Section 6. The City Manager, in cooperation and in conjunction with the City
Attorney, is hereby authorized and directed to take such further actions as may be necessary or
convenient to recover the special taxes due from the properties and to prosecute the foreclosure
actions.
Section 7. The City Clerk's shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on
July 8, 2003.
Jeff Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution
No. 03-__ was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof held on the 8th day of July, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
CFD 88-12
EXHIBIT
Assessors
Parcel
Number
(YNEZ CORRIDOR)
NORTH PLAZA
921-730-004-2
921-730-005-3
921-730-006-4
921-730-007-5
921-7~0-008-6
921-730-009-7
921-730-010-7
921-730-011-8
921-730-012-9
921-730-013 -0
921-730-014-1
921-730-015-2
921-730-023-9
' A ' W I T H N A M E S
Installment
Delinquent
December 10, 2002
April 10, 2003
December 10 2002
April 10, 2003
December 10 2002
April 10, 2003
December 10 2002
April 10, 2003
December 10, 2002
April 10, 2003
December 10, 2002
April 10, 2003
December 10, 2002
April 10, 2003
December 10, 2002
April 10, 2003
December ~0, 2002
April 10, 2003
December 10, 2002
April 10, 2003
December 10, 2002
April 10, 2003
December 10, 2002
April 10, 2003
December 10, 2002
April 10, 2003
Page:
Amount
3,115.63
3,115.63
5,413.25
5,413.25
12,318.15
12,318.15
2,201.39
2,201.39
1,190.92
1,190.92
1,106.71
1,106.71
2,020.95
2,020.95
1,996.89
1,996.89
1,359.33
1,359.33
1,491.65
1,491.65
1,539.77
1,539.77
8,372.49
8,372.49
7,506.37
7,506.37
1
ITEM 11
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
APPROVAL ,~,~ ,. ~.~I.
CITY ATTORNEY ~ ~
DI RECTOR OF FINAN CE~:::~I
CITY MANAGER ~]
(")J~villiam G. Hughes, Director of Public Works/City Engineer
July 8, 2003
John Warner Road Assessment District, Project PW02-07.
Water Line Relocation Design - Consultant Services Agreement
PREPARED BY: Greg Butler, Principal Engineer
RECOMMENDATION: That the City Council:
Approve an agreement with Kevin Cozad and Associates, Inc. in an amount not to
exceed $16,845.00 to design the necessary Rancho California Water District (RCWD)
facility relocations as needed for John Warner Road Assessment District improvements,
Project No. PW02-07 and authorize the Mayor to execute the agreement.
Authorize the City Manager approve amendments provided the contract amount
including amendments does not exceed $25,000.00
BACKGROUND:
On June 24, 2003 the City Council:
Accepted a petition signed by a majority of the property owners in the area of John
Warner Road. The petition requested that the City form an Assessment District to aide
in funding needed street and storm drain improvements to the dirt roads providing
access to their properties.
Adopted a Resolution of Intention detailing its plans to form the Assessment District to
fund the improvements (grading & paving the roads and installing storm drains).
Approved the Plans and specifications and authorized the solicitation of construction
bids to complete the street and storm drain improvements.
Staff has been coordinating the underground utility relocation work necessitated by the
proposed street and storm drain improvements. The City's position is that each respective utility
agency shall be responsible for all costs associated with relocating their existing utilities. This is
based upon the City's prior rights established by the offer of dedication for public road purposes
on Parcel Map 6607, recorded on January 26, 1976 in the County of Riverside. Despite the
City's best efforts to have RCWD complete the design and relocation work, on Thursday June
12, 2003, RCWD's Board of Directors voted to not to honor the City's request to relocate the
water lines in the John Warner Road assessment district area. In an effort keep the project
moving forward and avoid a lengthy delay associated with the waterline relocation design and
construction, the City has elected to take over the contract RCWD initiated with Kevin Cozad &
R:~AGENDA REPORTS~003\070803\John Wamer WTR Reloc.doc
Assoc (Cozad) for the necessary design work. The City will be seeking to recoup the costs
associated with this design contract, and any other RCWD relocation expenses, from RCWD
using any means available including legal action if necessary. Cozad has performed similar
work for the City in the past and, due to the preliminary work completed while preparing for the
RCWD contract, has the ability to complete this work on an accelerated schedule.
FISCAL IMPACT: The John Warner Assessment District project is included in the City's
Capital Improvement Program. The project is funded with Capital Project Reserves and
Assessment District bond proceeds. Adequate funds ara available in the project account,
Account No. 210-165-727-5802. In the event RCWD does not reimburse the City for all utility
relocation expenses incurred completing work required to relocate RCWD facilities, an
additional appropriation may be required to fully fund the project.
ATrACHMENTS:
Project Description
Project Location
Consultant Services Agreement
R:~AGENDA REPORTS~003\070803~John Warner WTR Reloc.doc
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
DESIGN RANCHO CALIFORNIA WATER DISTRICT FACILITY RELOCATIONS
dOHN WARNER ROAD ASSESSMENT DISTRICT
PROJECT NO. PW02-07
THIS AGREEMENT, is made and effective as of July 8, 2003, between the City of
Temecula, a municipal corporation ("City") and Kevin Cozad & Associates, Inc., ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 8, 2003, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2004, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the "Topographic Surveying and
Preliminary Design Phase" and the "Design Phase" services and tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed Sixteen thousand eight
hundred forty five Dollars and no Cents ($16,845.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing bythe City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
1
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services. The City Manager may approve additional work up to ten percent
(10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the
agreement (basic agreement amount and contingency amount) exceed twenty-five thousand dollars
($25,000.00). Any additional work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
6, SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder adses out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with wdtten notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the dght,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fled and readily accessible. Consultant shall provide free access to the representatives of City or its
2
designees at reasonable times to such books and records, shall give City the fight to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained fora pedod of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files containing data generated for the work, Consultant shall
make available to the City, upon reasonable written request by the City, the necessary computer
software and hardware for purposes of accessing, compiling, transferring and printing computer
files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions adsing out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability adsing
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3)
Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4)
Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
3
(1)
(2)
General Liability: One Million Dollars $1,000,000 per occurrance for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
Automobile Liability: One Million Dollars ($1,000,000) per accident
for bodily injury and property damage.
(3)
Worker's Compensation as required by the State of Califomia;
Employer's Liability: One million dollars ($1,000,000) per accident for
bodily injury or disease.
(4)
Professional Liability coverage: One Million Dollars ($1,000,000) per
claim and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be pdmary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained bythe City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3)
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5)
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
4
either party, reduced in coverage or in limits except after thirty (30)
days' pdor wdtten notice by certified mail, retum receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Covera.qe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements ara to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's pdor written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"volunta~' provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
5
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the dght,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide Citywith the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the dght by City to control, direct, or rewdte said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, Califomia 92589-9033
43200 Business Park Ddve
Temecula, California 92590
Attention: City Manager
To Consultant:
Kevin Cozad & Associates, Inc.
151 South Girard Street
Hemet, CA 92544-4462
Attention: Kevin Cozad
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of Califomia shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govem the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or wdtten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above wdtten.
CITY OF TEMECULA
Jeffery E. Stone, Mayor
Attest:
Susan W. Jones, CMC City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONSULTANT
Kevin Cozad & Associates, Inc.
151 South Girard Street
Hemet, CA 92544-4462
(909) 652-4454
Kevin B. Cozad, President
Kevin B. Cozad, Secretary
(Signatures of two corporate officers required for Corporations)
8
EXHIBIT A
TASKS TO BE PERFORMED
Coz.
&AssOCIATES,
June 13, 2003
· CIVIL AND STRUCTURAL ENGINEERS
· MUNICIPAL CONSULTANTS
· SURVEYORS/GPS
· PLANNERS
Greg Butler, P.E.
Senior Engineer
Capital Projects
City of Temecula
PO Box 9033
Temecula, CA 92589-9033
RE: JOHN WARNER WATERLINE RELOCATION
Phone - 694-6411
RECEIVED
JUN 1 7 2003
CITY OF TEMECULA
ENGINEERtNG DEPARTMENT
Dear Greg,
I just received Eric Weck's electronic file for the John Wamer Assessment District Road and
Storm Drain Improvements. Based upon that review, I have revised the proposal we prepared
for Rancho California Water District to relocate the waterline improvements. We intend to use
the City's electronic file for topography and underground utilities. We will perform a limited
topographic survey at the "dip section" at Cabrillo Road, and along the segments of waterline to
be relocated in John Warner Road, Lolita Road, and Paulita Road to accurately tie in valves,
hydrants, and other surface features of the waterline. The limited topographic survey will
essentially walk the alignment to also verify the general topography in relation to relocating the
waterline.
The estimate is based upon our goal of quickly completing design for approved plans. As you
read through our proposal, if you have any questions regarding our Scope of Services, the
additional limited topographic survey, or how we intend to proceed, please don't hesitate to call
me.
cc: Bud Jones, RCWD
151 South Girard Street · Hemet, CA 92544-4462
909/652-4454 · FAX:909/766-8942 · kbcozad@kbcozad.com
Proposal for Surveying and Engineering Services
City of Temecula
John Warner Waterline Relocation Project
June 13, 2003
EXHIBIT A
SCOPE OF SERVICES
Kevin Cozad & Associates, Inc. can provide engineering design services for the relocation of
approximately 1,200 lineal feet of existing 8" waterline within John Warner, Lolita, and Paulita
Roads and design a "dip section" of pipe for a proposed storm drain crossing on Cabdllo Road
as part of Assessment District Project No. PW02-07.
The City of Temecula has provided our office with a composite of available topographic survey
information used for design of the City's road plans for the assessment district. The City's
topographic information is a compilation of survey information taken from several sources.
Kevin Cozad & Associates, Inc. will perform a limited topographic survey along the project
route to verify water pipeline locations. Engineered plan and profile drawings to redesign the
elevation and alignment of the segments of the District's pipeline as outlined in the request for
proposal will then be prepared based upon the City's topographic data, our limited survey, and
the City's plans for road and storm drain improvements.
TOPOGRAPHIC SURVEYING AND PRELIMINARY DESIGN PHASE SERVICES II
Consultant agrees to perform the following scope of services:
RESEARCH AND REVIEW - Attend one (1) initial meeting with RCWD Engineering staff
and the City of Temecula to obtain 'as-built' plans of the existing facilities, record maps,
easements, and other reference maps and temporary benchmarks available in the aroa.
During the initial meeting, the design parameters and initial proposed alignment will also
be reviewed with Distdct staff. Research and review pipeline route; horizontal control
data; and existing water and reclaimed water pipeline plans provided by RCWD. Review
Riverside County Survey Department and City of Temecula maps. Street improvement
plans, storm drain plans, available parcel maps, and water pipeline plans will be used to
establish the relative location of existing facilities. If a Riverside County benchmark is
not available in the immediate aroa, Kevin Cozad & Associates, Inc. will use available
RCWD water pipeline plans or available road improvements plans to establish a
temporary benchmark at the site for use during the limited topographic survey.
UTILITY RESEARCH AND PLOT UTILITY FILE - Kevin Cozad & Associates, Inc. will
use the City of Temecula's existing utility information plotted on street improvement
plans for design of the water pipeline relocation. Utility drawings obtained by the City
should be provided to Kevin Cozad & Associates, Inc. for review and verification of
underground utilities along the pipeline relocation route.
I Kevin Cozad & Associates, Inc.
Proposal for Surveying end Engineering Services
City of Temecula
John Wamer W&t~fine Relocation Project
June 13, 2003
LIMITED TOPOGRAPHIC SURVEY - A field survey for surface features of utilities, limits
of asphalt, drainage culverts, trees, other surface features, and spot elevations will be
performed. The field survey data will supplement the existing street, storm drain, and
water plan and profile drawings and the record utility maps. Engineer shall verify surface
utility markings along the project route. Above ground power and telephone poles will be
field verified. Overhead wires will be located per record information. Topographic
information and record utility locations will be reduced to a three-dimensional AutoCAD.
DWG file and shall comply with RCWD utility mapping standards.
DIGITAL DATA REDUCTION AND MAPPING - Reduce boundary control and limited
topographic data, import the City's topographic and utility data, and develop a plan view
drawing for the waterline. Plot field location of water pipeline.
DETERMINE PRELIMINARY PIPELINE ALIGNMENT - Plot preliminary pipeline
alignment. Review preliminary pipeline alignment selected by the City and RCWD.
Review tie-in points and utilities to be crossed dudng design. Design preliminary
location of pipeline. Submit preliminary pipeline alignment to District for review.
OPTIONAL SERVICES
POTHOLING (IF REQUIRED) - Additional subsurface utility exploration may be
performed by potholing to accurately verify location and elevation of underground
crossings. All topographic information and utility locations will be submitted to the City
and RCWD's staff for review in order to determine the alignment and to assign pothole
locations, if required. Assist City and RCWD staff in determining location and ultimate
number of potholes.
Provide and direct necessary survey and pothole excavation personnel in identifying
location and elevation of underground utilities. The number of pothole locations has not
been determined. After a preliminary alignment has been determined, potholing may be
required. Kevin Cozad 8, Associates, Inc. can provide surveying dudng potholing.
Costs for surveying during potholing will be determined when the final location and
number of potholes have been determined by the City and RCWD. Kevin Cozad &
Associates, Inc, strongly recommends the City maintain a contingency for potholing.
Vertical elevations for utilities other than RCWD's shall include top and bottom of utility
line. Due to the cost of mobilization and traffic control, we propose to coordinate
with RCWD to pothole the utilities as one continuous operation.
UTILITY FIELD POTHOLES BY SAF-r-DIG UTILITY SURVEYS, INC. - The City will
contract directly with SAF-r-DIG Utility Surveys, Inc. for any potholing required for the
project.
2 Kevin Cozad & Associates, Inc.
Proposal for Surveying and Engineering Sewlces
City of Temecula
John Wamer WateHine Relocation Project
June t3, 2003
DESIGN PHASE SERVICES
Kevin Cozad & Associates, Inc. will provide design phase services for the preparation of plan
and profile drawings for the water supply pipelines.
MEETINGS - Attend one (1) additional meeting with the City and RCWD staff to review
pipeline alignment, pipeline tie-in criteria, preliminary design and final design pdor to
approval of the plans and specifications.
ENGINEERING DESIGN - Perform final engineering design of pipeline, tie-in points, air
valves, fire hydrants, restraint lengths and other special appurtenances along the
pipeline route.
10.
ENGINEERING DRAFTING - Utilizing the base sheet topographic survey, utility
research and preliminary design prepared by Kevin Cozad & Associates, Inc., prepare
plan and profile drawings for construction of the water supply pipelines. A total of two (2)
separate plan and profile sheets will be prepared for approximately 1,300 lineal feet in
Cabrillo Road, John Warner Road, Lolita Road, and Paulita Road.
11.
TITLE SHEET - Prepare one title sheet for the pipeline plan and profile drawings to
include general notes, vicinity map and quantities for each extension.
12.
PLAN CHECK REVISIONS - Kevin Cozad & Associates, Inc. will submit plans at the
30% design preliminary alignment stage, the 80% design stage, and final submittal for
approval by the City and RCWD. Respond to normal plan check review by the City and
RCWD and modify plans to incorporate normal City and RCWD review.
13.
BID DOCUMENTS AND SPECIFICATIONS - Kevin Cozad & Associates, Inc. shall
prepare bid sheet and project special specifications in "Word" computer format. Review
RCWD specifications sections as provided by RCWD and modify the document and bid
specifications for bidding the pipeline extensions.
14.
CONSTRUCTION COST ESTIMATE FOR THE PIPELINES - Kevin Cozad &
Associates, Inc. will provide a construction cost estimate based upon the quantities of
construction for the pipeline route.
15.
DATA SUBMITTAL - An AutoCAD .DWG drawing file will be provided to the City and
District per RCWD standards and specifications.
3 Kevin Cozad & Associates, Inc.
Proposal for Surveying end Engineering Services
City of Temecula
John Warner Waterline Relocation Project
June t3, 2003
CONSTRUCTION SURVEYING PHASE SERVICES
In order to maintain quality control of the project, Kevin Cozad & Associates, Inc. should
provide construction surveying services. Kevin Cozad & Associates, Inc. assigns the Project
Engineer who will design the facilities to the survey crew during the initial topographic survey.
Often the Project Engineer is a Registered Civil Engineer as well as a Licensed Land Surveyor.
After design, the Project Engineer retums to the site as a member of the final construction
survey crew. Kevin Cozad & Associates, Inc. has found that by maintaining the same person
on the project throughout the initial surveying, design and final construction surveying,
maximum quality control can be achieved. With the use of today's computer software,
automatic electronic surveying data collection and stakeout equipment, the same CAD file used
to draw the facilities can be downloaded to the surveying equipment for automatic electronic
stakeout. This greatly reduces the potential for error during construction surveying. For these
reasons, Kevin Cozad & Associates, Inc. believes it is vital that we continue our services
during final construction surveying.
The following scope of services for construction surveying services is for your consideration.
For our construction staking services, we require a minimum of 72 hours advance notice of
need for any staking request to properly schedule the work. Except as noted herein, our costs
for staking assume each staking activity will be performed continuously as one (1) move-in.
Performing each activity incrementally will increase the client's cost.
16.
PRE-CONSTRUCTION MEETING - Attend one (1) pre-construction field meeting to
verify the sequence of construction, the schedule for construction staking and the exact
staking requirements. In lieu of attending the pre-construction meeting, provide
telephone coordination to determine schedule and exact staking requirements.
17.
OFFICE CALCULATIONS - Perform coordinate geometry calculations for staking the
offset and alignment of the pipelines and other appurtenances.
18.
FIELD SURVEYING OF EXISTING PIPE CONNECTIONS - OPTIONAL - Field survey
to verify elevation of existing pipe tie-in connections at the pipeline location. The
contractor may expose each pipeline tie-in point at a separate time requiring a separate
trip to the site by a survey crew for an additional fee. The City and RCWD may, as an
alternative, choose to either limit the number of pipeline connections to be surveyed or
require the contractor to expose multiple tie-in points at one time.
19.
FIELD STAKE-OUT OF PIPELINES -Provide one (1) set of construction stakes at 50-
feet on-center and at all SC's, EC's angle points, grade breaks and at appurtenances for
the pipeline.
20.
SURVEY COORDINATION, TRAVEL AND PREPARATION OF CUT-SHEETS -
Provide survey coordination with RCWD and the contractor. Prepare, compute and
provide cut-sheets to the City and RCWD and the contractor for use during construction.
4 Kevin Cozad & Associates, Inc.
Proposal for Surveying and Enginemtng Sewlces
City of Temecula
John Wamer Waterline Relocation Project
June 13, 2003
ADDITIONAL SERVICES
This proposal is our professional appraisal of the services required to complete the included
items and is valid for ninety (90) days. Services which are not specifically identified herein as
services to be performed by Kevin Cozad & Associates, Inc. or its consultants are considered
Additional Services for the purposes of this agreement. Client may request that Kevin Cozad
& Associates, Inc. perform Additional Services. However, any task that we are requested to
provide beyond the enclosed estimates would be billed on an hourly basis to the client. Our
office will attempt to notify the client of these tasks in as timely a manner as possible to
establish additional scope, schedule, and fee.
PROJECT SCHEDULE
Kevin Cozad & Associates, Inc. can complete surveying and design phase services in
approximately 30 days.
A MINIMUM SEVENTY-'rwo (72) HOUR NOTICE IS REQUIRED PRIOR TO SCHEDULING
CONSTRUCTION STAKING.
The site must be ready for surveying services to commence. Obstructions such as dirt piles,
vehicles, construction supplies, or vibrating construction equipment must be removed prior to
arrival of the survey crew in order to avoid unusual survey methods or waiting time. Use of
unusual survey methods or delays caused by obstructions will be considered Additional
Services for which an "Extra Work Authorization" will be prepared and the signature of the
contractor required. Additional Services and travel time associated with Additional Services will
be charged at the normal hourly rate of $195.00 per hour.
Items to be staked will be completed as one continuous operation in full-day increments.
Extra move-ins to stake short lengths or isolated areas will be considered Additional Services
for which an executed "Extra Work Authorization" will be required.
EXCLUSIONS
The following tasks can be provided by the consultant if negotiated under a separate contract
for an additional fee. Services relating to any of the following tasks are specifically excluded
from this agreement.
· Boundary survey
· Brush or tree removal
· Cathodic protection engineering
· Construction administration
· Construction management
· Coordination of utility relocations
· Corner Record
· Environmental analysis
· Geotechnical engineering
· Lot Book Report
· Monumentation of property comers
· Potholing of existing utilities
· Preparation of easement legals and
plats
· Project management
· Record of Survey
· Special expediting
· Title Report
· Any other service not specifically set
forth in the above scope of services
5 Kevin Cozad & Associates, Inc.
Proposal for Surveying and EnglnecHng Services
City of Temecula
John Wamer Waterline Relocation Project
June 13, 2003
INSURANCE
Kevin Cozad & Associates, Inc. carries Professional Liability Insurance in the amount of
$1,000,000.00 as required by the City and District.
CONFLICTS OF INTEREST
To the best of our knowledge, no personal or organizational conflicts of interest exist which
would prohibit us by law from working on this project. We have previously supplied structural
engineering, civil engineering, and surveying services to the City and District.
FEE SCHEDULE
See attached.
Exhibit A
Client Initials
6 Kevin Cozad & Associate~ Inc.
EXHIBIT B
PAYMENT RATES AND SCHEDULE
]0
Proposal for Surveying end Engineering Services
City of Temecula
John Warner Waterline Relocation Project
June 13, 2003
EXHIBIT B
COMPENSATION
TOPOGRAPHIC SURVEYING AND PRELIMINARY DESIGN PHASE SERVICES
Client agrees to compensate Consultant for such services as follows:
RESEARCH AND REVIEW
Estimate ............................................................................................................... $700.00
UTILITY RESEARCH AND PLOT UTILITY FILE
Estimate ............................................................................................................... $485.00
LIMITED TOPOGRAPHIC SURVEY
Estimate ............................................................................................................... $850.00
DIGITAL DATA REDUCTION AND MAPPING
Estimate ............................................................................................................... $960.00
DETERMINE PRELIMINARY PIPELINE ALIGNMENT
Estimate ........................................................................................................... $1,680.00
POTHOLING - IF REQUIRED
Estimate (Assist RCWD Staff) .............................................................................. optional
Estimate (Surveying dudng potholing) .................................................................. optional
UTILITY FIELD POTHOLES BY SAF-r-DIG UTILITY SURVEYS, INC. - IF REQUIRED
Estimate .............................................................................................................. optional
Subtotal -Topographic Survey & Preliminary Design Services .............................. $4,675.00
7 Kevin Cozad & Associates, Inc.
Pmposel for Surveying and Engineering Services
City of Temecula
John Warner Waterline Relocation Project
June 13, 2003
DESIGN PHASE SERVICES
10.
11.
12.
13.
14.
15.
MEETINGS
Estimate ............................................................................................................... $480.00
ENGINEERING DESIGN
Estimate ............................................................................................................ $3,360.00
ENGINEERING DRAFTING
Estimate ............................................................................................................ $4,480.00
TITLE SHEET
Estimate ............................................................................................................... $960.00
PLAN CHECK REVISIONS
Estimate ............................................................................................................ $1,560.00
BID DOCUMENT SPECIFICATIONS
Estimate ............................................................................................................... $480.00
CONSTRUCTION COST ESTIMATE FOR THE PIPELINE
Estimate .................................................................................................... included above
DATA SUBMITTAL
Estimate .................................................................................................... included above
Subtotal - Design Phase ........................................................................................... $11,320.00
TOTAL - SURVEYING AND DESIGN PHASE .............................................................. $t5,995.00
REIMBURSABLES - SURVEYING AND DESIGN PHASE ................................................ $850.00
8 Kevin Cozad & Associates, Inc.
Proposal for Surveying end Engineering Sewlcec
City of Temecula
John Warner Waterline Relocation Project
June 13, 2003
OPTIONAL SERVICES
CONSTRUCTION SURVEYING PHASE SERVICES
16.
17.
18.
19.
20.
PRE-CONSTRUCTION MEETING
Attend one (1) pre-construction field meeting to verify the sequence of construction, the
schedule for construction staking and the exact staking requirements.
Estimate ............................................................................................................... $180.00
OFFICE CALCULATIONS
Perform coordinate geometry calculations for staking the off-set and alignment of the
pipeline and other appurtenances.
Estimate ............................................................................................................... $960.00
FIELD SURVEYING OF EXISTING PiPE CONNECTIONS - OPTIONAL
Field survey to verify elevation of existing pipe tie-in connections at two (2) pipeline
locations. The contractor may expose each pipeline tie-in point at a separate time
requiring a separate trip to the site by a survey crew for an additional fee. RCWD may,
as an alternative, choose to either limit the number of pipeline connections to be
surveyed or require the contractor to expose multiple tie-in points at one time.
Estimate ............................................................................................................... optional
FIELD STAKE-OUT OF PIPELINE
Provide one (1) set of construction stakes at 50-feet on-center and at all BC's, EC's
angle points, grade brakes and at appurtenances for the pipeline extension.
Estimate ............................................................................................................ $2,340.00
SURVEY COORDINATION, TRAVEL AND PREPARATION OF CUT-SHEETS
Provide survey coordination with RCWD and the contractor. Prepare, compute and
provide cot-sheets to RCWD and the contractor for use during construction.
Estimate ............................................................................................................... $480.00
TOTAL - CONSTRUCTION PHASE ............................................................................. $3,960.00
TOTAL REIMBURSABLES - CONSTRUCTION PHASE ................................................ $150.00
9 Kevin Coz. ad & Associates, Inc.
Proposal for Surveying and Engineering Services
City of Temecula
John Warner Waterline Relocation Project
June 13, 2003
IN-OFFICE REIMBURSABLES (including blueprints, plots, photo copies, long distance
telephone calls, mileage, and other in-office supplies directly related to the project). No Backup
data or copies of bills will be provided for reimbursable expense invoiced under this agreement.
Should backup data be requested, it will be provided for an administrative fee of $100 per
monthly invoice requiring verification, plus a $1.00 per bill or cost item supplied.
Kevin Cozad & Associates, Inc. strongly recommends that a 20% contingency be included for
unexpected items during surveying and design.
A SIGNED AGREEMENT AND TASK ORDER are required prior to scheduling work. Progress
invoices will be forwarded on a bi-weekly basis. Invoices will include fees earned for the billing
period plus reimbursable costs advanced by the Consultant. Client shall make every effort to
review invoices within ten working days from date of receipt and notify Consultant in writing of
any item that they feel is incorrect. All invoices are due and payable upon receipt.
The fees proposed herein shall apply until June 1,2004. Due to ever-changing costs, after
June 1, 2004, Consultant shall increase contract fee amount by fifteen percent for those
portions of the contract work remaining to be completed.
STOP WORK
Consultant has the option to stop work if invoices become more than 30 days past due.
Consultant will be granted an automatic extension of the project completion date if work is
stopped due to late payments. All outstanding invoices must be paid prior to signing of
documents or submittal of documents to others for final approval or recordation. Consultant
also reserves the right to automatically increase fee by 10% if client becomes more than 30
days in arrears on payments and to charge reasonable interest and collection fees on past due
amounts.
E~ibit B
Client
Initials
10 Kevin Cozad & Associates, Inc.
ITEM 12
APPROVAL
CITY A'I-rORNEY
DIRECTOR OF FINANCF-~;;~I~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City ManagedCity Council
/hi/~William G. Director of Public Works/City Engineer
Hughes,
July 8, 2003
SUBJECT: Acceptance of Offer of Dedication (PM8856-Parcel 1) - Road Purposes
on Pechanga Parkway (formerly Pala Road)
PREPARED BY: _/~[~"'Amer Attar, Principal Engineer
~ Steven Beswick, Associate Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING AN OFFER OF
DEDICATION OF RIGHT OF WAY FOR ROAD AND
UTILITY PURPOSES FOR PECHANGA PARKWAY
(FORMERLY PALA ROAD), BUT NOT ACCEPTING
THAT PORTION OF STREET INTO THE CITY
MAINTAINED STREET SYSTEM AT THIS TIME
BACKGROUND: The Owner has dedicated an additional 24 feet of right-of-way on
Pechanga Parkway along the project's property frontage. The Circulation Element of the City's
General Plan classifies Pechanga Parkway, as an Urban Arterial Highway with an ultimate right-
of-way width of 134 feet.
The Owner has submitted an Offer of Dedication - Road Purposes along with a legal
description and plat whereby he dedicates a 24-foot wide strip of land along his property
frontage for right-of-way and public utility purposes. Upon City Council approval and
recordation of this Offer of Dedication - Road Purposes, the Owner will satisfy his condition of
approval obligation.
FISCAL IMPACT: None
ATTACHMENTS:'
1. Resolution No. 2003-
2. Offer of Dedication - Road Purposes with Exhibits "A" and "B" made a part thereof.
R:~,GEN DA REPORTS~2003\070803~PM8856 PARCEL 1 ROW DEDICATION PECHANGA pKWY.DOC
1
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING AN OFFER OF
DEDICATION OF RIGHT OF WAY FOR ROAD AND
UTILITY PURPOSES FOR PECHANGA PARI~NAY
(FORMERLY PALA ROAD), BUT NOT ACCEPTING
THAT PORTION OF STREET INTO THE CITY
MAINTAINED STREET SYSTEM AT THIS TIME
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, The City Council of the City of Temecula does hereby find,
determine and declare that:
City Staff has established the requirement for dedication of 24 feet of
additional right-of-way along property frontage on Pala Road, now
Pechanga Parkway;
The owner, Pacific Horizon Financial Inc. submitted an offer of dedication
for road purposes dedicating an additional 24 feet of right-of-way for public
street and utility purposes for Pala Road, now Pechanga Parkway;
Acceptance of this offer of dedication does not obligate the City to assume
responsibility, nor incur liability with respect to the offer of dedication until
subject streets have been accepted into the city maintained street system
by separate resolution.
WHEREAS, The City Council of the City of Temecula hereby desires to accept
the offer of dedication for road purposes by Pacific Horizon Financial Inc. as attached hereto
along with its Exhibits "A" and "B".
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby'accepts the offer of dedication for road purposes by Pacific Horizon Financial
Inc. for Pala Road, now Pechanga Parkway, but not into the City Maintained Street System at
this time.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula at a regular meeting held on the 8th day of July, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC, City Clerk
R:',AGENDA RE PO RTS~2003~ 70803~PM $856 PARCEL 1 ROW DEDICATrON PECHANGA PKWY.DOC
2
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2003- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8"~ day of July, 2003 by the following vote:
AYES:
NOES:
ABSENT:
0
0
0
COUNClLMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R;~AGENDA REPORTS~003~070803\PMBB56 PARCEL 1 ROW DEDICATtON PECH~NGA PKWY.DOC
3
Recording requested by and when
Recorded, mail to:
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Exempt from Recording Fee per
Govt. Code Sec. 24383
City of Temecula
By:
A.P.N. 961-010-014
(Space above this line for Recorder'$ use)
DOCUMENTARY TRANSFER TAX IS NONE.
Public Agency exempt.
Revenue and Taxation Code Section 11922
RIGHT OF WAY DEDICATION
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Pacific Horizon Financial Inc.
GRANTOR(S) hereby grant(s) and convey(s) to the CITY OF TEMECULA, a municipal corporation, a
perpetual easement and right of way for public highway purposes, including public utility and public
service facilities over, under, upon, and across, and within the real property in the City of Temecula,
County of Riverside, State of California, described as follows:
See Exhibit "A" attached
All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this
instrument has been executed this I ~ day of ~-~.~. 2 I .200~
County
On
Notary Public in
On the basis o1
whose name
within instrument
he/she/they
signature on
which the
)SS.
the A
or proved to me
evidence to be the person
subscribed to the
to me that
thein his/hers/their
the ,em~ns or entity upon
i act, executed the i~ument.
, hand and official seal. '~
Name
Name
Signature
RightofWayDedicafionPM8856Lotl .Gran~eed
EX H I BIT "A'
Being a portion of Parcel 1 of Parcel Map No. 8856, in the City of Temecula, County of
Riverside, State of California, as filed in Book 41, Pages 72 and 73, of Parcel Maps in the office
of the County Recorder of said County, being more particularly described as follows:
BEGINNING at thc southwest parcel comer of said Parcel 1, said comer being distant 55.00 feet
measured at a right angle to the centerline of Pechanga Parkway (formerly known as Pala Road);
thence North 04° 55' 59" East along the westerly parcel line of said Parcel 1, a distance of 30.18
feet to a point being distant 79.00 feet measured at a right angle from said centerline;
thence South 47° 44' 36" East a distance of 257.27 feet, said course being parallel and distant
79.00 feet measured at a right angle from said centerline, to a point in the easterly parcel line of
said Parcel 1;
thence South 23° 38' 15" West along said parcel line a distance of 25.33 feet to the southeast
comer of said Parcel 1 to a point being distant 55.00 feet measured at a right angle from said
centerline, said point also being in the northeasterly right-of-way line of said Peehanga Parkway
(formerly known as Pala Road);
thence North 47° 44' 36" West along said right-of-way line a distance of 247.06 feet, being
parallel and distant 55.00 feet measured at a right angle from said centerline, to the POINT OF
BEGINNING.
Contains 6,052 square feet, more or less.
See EXHIBIT "B" and EXItlBIT "C", attached.
EXHIBIT "B"
SCALE:
I": 200'
PARCEL I
PARCEL MAP NO. 8856
P.M.B, 41 / 72 - 73
N 69' 50' 25" W
50.00'
N 53'34'48" W
6.81'
NOTE: PARCEL DIUENSIONS SHOWN
PER PARCEL UAP NO. 8856
P.M,B, 41 / 72 -
\
\
\
ISEE EXHIBIT
/
/
/
/
AREA OF TAKE
999 Town~ Counfry Rood
Ot-o , Collfornlo 92868
(?14r'~e245-9660
EXHIBIT "C"
POINT OF
BEG1
NOTE: PARCEL DIUENSIONS SHOWN
PER PARCEL MAP NO. 8856
P.U.B. 41 ! 72 - 73.
PARCEL I
PARCEL MAP NO. 8856
P.M.B. 41 / 72 - 73
SCALE:
I Il__
50'
EXISTING
LINE RIGHT-OF-NAY
\
m AREA OF TAKE
POB
POB
PARCEL 1 - PARCEL MAP NO 8856
BEARING DISTANCE NORTHING
10,000.0000
N 04~55'59" E 30.18
10,030.0682
S 47~44'36' E 257.17
9,857.0662
S 23~38'15" W 25.33
9,833.8614
N 47~t4'36" W 247.06
9,999.9976
CONTAINS 6,052 SF, M/t.
EAS33NG
10,000.0000
10,002.5952
10,193.0110
10,182.8550
9,999.9960
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
~onallg known
~ provod to mo on tho basis o~ satistaeto~
evidence
Commission # 13,56472
Notary Public - California
San Diego Geun~
to be the person~.~ whose name(~ is/am'
subscribed to the'within instrument and
acknowledged to me that he/sfla~-,y executed
the same in his/~ir authorized
capacity(~), and that by his/h~ttt~
signature~) on the instrument the person~), or
the entity upon behalf of which the person{~
acted, executed the instrument.
WITN~ ~.~hand
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
~tle or Type of Docu ment:..~-'~ ~ C:'~'-~ (~
Document Date: '~ D .,\
Signer(s) Other Than Named Above: ~ ] ~
Number of Pages:
Capacity(ies_)_~laimed by Signer
Signer's Name: ~%
orate Officer -- ~tle(s):
Pa~ner -- ~ Limited ~ General
A~orney-in-Fact
Trustee
Guardian or Consewator
Other:
Top of thumb here
ITEM 13
APPROVAL
CITY A'I-I'ORNEY
DIRECTOR OF FINANCE'~ I
CiTY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council
~'~illiam g. Hughes, Director of Public Works/City Engineer
July 8, 2003
SUBJECT: Acceptance of Offer of Dedication (PM8856-Parcel 2) - Road Purposes
on Pechanga Parkway (formerly Pala Road)
PREPARED BY.'~. mer Attar, Principal Engineer
~.4/¢'~ Steven Beswick, Associate Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING AN OFFER OF
DEDICATION OF RIGHT OF WAY FOR ROAD AND
UTILITY PURPOSES FOR PECHANGA PARKWAY
(FORMERLY PALA ROAD), BUT NOT ACCEPTING
THAT PORTION OF STREET INTO THE CITY
MAINTAINED STREET SYSTEM AT THIS TIME
BACKGROUND: The Owner has dedicated an additional 24 feet of right-of-way on
Pechanga Parkway along the project's property frontage. The Circulation Element of the City's
General Plan classifies Pechanga Parkway, as an Urban Arterial Highway with an ultimate right-
of-way width of 134 feet.
The Owner has submitted an Offer of Dedication - Road Purposes along with a legal
description and plat whereby he dedicates a 24-foot wide strip of land along his property
frontage for right-of-way and public utility purposes. Upon City Council approval and
recordation of this Offer of Dedication - Road Purposes, the Owner will satisfy his condition of
approval obligatio.n.
FISCAL IMPACT: None
ATTACHMENTS:
1. Resolution No. 2003-
2. Offer of Dedication - Road Purposes with Exhibits "A" and "B" made a part thereof.
R:~AGENDA RE PO RTS~003\070803'~PM8856 PARCEL 2 ROW DEDICATION PECHANGA Pi(WY.DOC
1
RESOLUTION NO. 2002-
A RESOLUTION OF THE cI'rY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING AN OFFER OF
DEDICATION OF RIGHT OF WAY FOR ROAD AND
UTILITY PURPOSES FOR PECHANGA PARKWAY
(FORMERLY PALA ROAD), BUT NOT ACCEPTING
THAT PORTION OF STREET INTO THE CITY
MAINTAINED STREET SYSTEM AT THIS TIME
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, The City Council of the City of Temecula does hereby find,
determine and declare that:
City Staff has established the requirement for dedication of 24 feet of
additional right-of-way along property frontage on Pala Road, now
Pechanga Parkway;
The owner, Pacific Horizon Financial Inc. submitted an offer of dedication
for road purposes dedicating an additional 24 feet of right-of-way for public
street and utility purposes for Pala Road, now Pechanga Parkway;
Acceptance of this offer of dedication does not obligate the City to assume
responsibility, nor incur liability with respect to the offer of dedication until
subject streets have been accepted into the city maintained street system
by separate resolution.
WHEREAS, The City Council of the City of Temecula hereby desires to accept
the offer of dedication for road purposes by Pacific Horizon Financial Inc. as attached hereto
along with its Exhibits "A" and "B".
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby accepts the offer of dedication for road purposes by Pacific Horizon Financial
Inc. for Pala Road, now Pechanga Parkway, but not into the City Maintained Street System at
this time.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula at a regular meeting held on the 8th day of July, 2003.
A'I-I'EST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC, City Clerk
R:~GENDA REPORTS~2003~070803',P M8856 PARCEL 2 ROW DEDICATION PECHANGA PKWY+DOC
2
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2003-. was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8th day of July, 2003 by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT:
0 COUNClLMEMBERS:
Susan W. Jones, CMC, City Clerk
R:~AGENDA REPORTS~003'~070803\P M8856 PARCEL 2 ROW DEDICATION PECHANGA pKWY.DOC
3
Recording requested by and when
Recorded, mail to:
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Exempt from Recording Fee per
Govt. Code Sec. 24383
City of Temecula
By:
^.P.N. 961-010-015
(Space above this line for Recorder's usa)
DOCUMENTARY TRANSFER TAX IS NONE.
Public Agency exempt.
Revenue and Taxation Code Section 11922
RIGHT OF WA Y DEDICATION
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Pacific Horizon Financial Inc.
GRANTOR(S) hereby grant(s) and convey(s) to the CITY OF TEMECULA, a municipal corporation, a
perpetual easement and right of way for public highway purposes, including public utility and public
service facilities over, under, upon, and across, and within the real property in the City of Temecula,
County of Riverside, State of California, described as follows:
See Exhibit "A" attached
All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this
instrument has been executed this I ~ day of ~- ~ ~- ~ ~ , ~. ,Zoo $,
Count
On
Notary
On the basis
whose name
within instrument
he/she/they
signature on this
which the
WITNESS
act,
)ss.
before the undersigned. A
personally appeared
proved to me
evidence to be the person
subscribed to the
ged to me that
same in his/hers/their
or entity upon
instrument.
seal.
Name
Signature
Name
Signature
Righto fWayDedicationP M8856Lot2.Gra ntDeed
Being a portion of Parcel 2 of Parcel Map No. 8856, in the City of Temecula, County of
Riverside, State of California, as filed in Book 41, Pages 72 and 73, of Parcel Maps in the office
of the County Recorder of said County, being more particularly described as follows:
BEGINNING at the southwest parcel comer of said Parcel 2, said comer being distant 55.00 feet
measured at a fight angle to the eentefline of Peehanga Parkway (formerly known as Pala Road);
thence North 23° 38' 15" East along the westerly parcel line of said Parcel 2, a distance of 25.33
feet to a point being distant 79.00 feet measured at a right angle from said centerline;
thence South 47° 44' 36" East a distance of 258.26 feet, said course being parallel and distant
79.00 feet measured a.t a fight angle from said centerline;
thence South 81° 43' 37" East a distance of 24.09 feet to a point in the easterly parcel line of said
Parcel 2, also being a point in the northwesterly right-of-way line of Loma Linda Road;
thence South 42° 35' 01" West along said parcel line a distance of 14.60 feet, also being along
said northwesterly fight-of-way line, being parallel and distant 44.00 feet measured at a fight
angle from the eenterline of Loma Linda Road;
thence South 87° 25' 12" West along said parcel line a distance of 32.43 feet to a point in the
northeasterly right-of-way line of said Pechanga Parkway (formerly known as Pala Road), said
point being distant 55.00 feet measured at a right angle fi.om the centerline of Pechanga Parkway
(formerly known as Pala Road);
thence North 47° 44' 36" West along said right-of-way line a distance of 247.06 feet, being
parallel and distant 55.00 feet measured at a right angle fi'om the centerline of Pechanga Parkway
(formerly known as Pala Road), to the POINT OF BEGINNING.
Contains 6,450 square feet, more or less.
See EXHIBIT "B" and EXItlBIT "C", attached.
EXHIBIT "B"
PARCEL Z
PARCEL MAP NO. 8856
P.M.B. 41 / 72 - 73
N 16'02'48" W
201.95'
N 18'31'49" E
26.11'
/
/
/
\
SCALE: i,,-- 200'
NOTE: PARCEL DIWENSIONS SHOWN
PER PARCEL MAP NO. 8856
P.U.B. 41 / 72 - 73.
EXHIB
/
/
N 87'25'12" E
32.43'
T iiCiI
CURVE DATA TABLE
DELTA TANGENT
37'32'00" 91.74'
10'31'26"
NO RADIUS
(~ 270.00'
(~) 2444.00'
LENGTH
176.87'
448.91'
225.09'
m AREA OF TAKE
EXHIBIT "C"
PARCEL 2
PARCEL MAP NO. 8856
P.M.B. 41 / 72 - 73
'%
PREPARED BYI
SCALE: I"= 50' ~1 AREA OF TAKE 998 To~ & co~.*ry .ood
O~onge, CollfO~-nlo 92868
POB
POB
PARCEL 2 - PARCEL MAP NO 8856
BEARING DISTANCE NORTHING
10,000.0000
N 23~38'15' E 25.33
10,023.2048
S 47~4'36' E 258.26
9,849.5371
S 81^ 43'37" E 24.09
9,846.0708
S 42^35'01 ' W 14.60
9,835.3210
S 87^25'~ 2" W 32.43
9,833.8611
N 47^44'36" W 247.06
9,999.9974
CONTAINS 6,450 SF, M/L
EASTING
10,000.0000
10,010.1560
10,201.3045
10,225.1439
10,215.2646
10,182.8674
10,000.0085
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Ccun of
On /'~/ i"'"] j~-'~)'>'''') beforeme,
personally appeared
SS.
?~perSonally known to
me
roved to me on the basis of satisfactory
evidence
to be the personbj~ whose name0~ is/el~-
subscribed to the" within instrument and
acknowledged to me that he/s.b~t:ia~ executed
the same in his/I,,e~t;l~ authorized
capacity~', and that by his/~ir
signature~) on the instrument the person~.), or
the entity upon behalf of which the person(,~
acted, executed the instrument.
WITNE S my h d o.ff, icial seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachmenl of this form to another document.
Description of Attac~L~)ocu,ment
Tifle or Type of Documeqt: '4'~.~{-A~ ~
Signer(s) Other Than Named Above: ~'~ ) ~
Number of Pages: ~ '~i~
Capacity(les) Claimed by Signer
Signer's Name:
[] I~dividual ""'-~3~/1 ,-.
{;]/'Corporate Officer -- Title(s): "~ h~_xr"~\~_~. '~'~
[] Padner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Top of thumb here
ITEM 14
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE~).~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Anthony J. Elmo, Chief Building Official
July 08, 2003
Contract Inspection Services for Building and Safety
RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with
Berryman & Henigar, consultants, in an amount notto exceed Eighty thousand dollars ($80,000), to
provide supplemental building inspection services to the Building and Safety Department.
DISCUSSION: Construction activity has continued to increase, with the construction of new
tracts and commercial developments, along with the level of residential construction, it is necessary
to supplement the regular inspection staff, with contract building inspectors. Berryman & Henigar
has provided resumes of certified building inspectors that staff feels possess the experience and
qualifications to assist the regular inspection staff in maintaining the current level of service to the
development community.
FISCAL IMPACT: Funds are currently available in Account No. 001-162-999-5118, "Temporary
Help", for this purpose. Expenditures from this account are offset by building permit revenue
collection. No further appropriation of funds will be necessary for this purpose.
R:IBROCKMEI%AGENDA\BERRYMAN & HENIGAR.DOC I 6/30/03
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of June 10, 2003, between the
City ofTemecula, a municipal corporation ("City") and Berryman & Henigar ("Consultant").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on July 8, 2003, and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than June 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently
and to the best of his or her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in meeting
its obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and
incorporated herein by this reference as though set forth in full, based upon actual time spent on
the above tasks. This amount shall not exceed Eighty thousand dollars ($80,000) for the total
term of the Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner as
agreed to by City Manager and Consultant at the time City's written authorization is given to
Consultant for the performance of said services. The City Manager may approve additional work
not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum
exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be
approved by the City Council.
LAX2:136829.2 - l - Revised 9118/95
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth
on the invoice.
SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and without
fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Consultant fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be entitled at
law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
LAX2:136829.2 -2- Re,~sed 9/18[95
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts therefrom as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files, surveys,
notes, and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used, reused or
otherwise disposed of by the City without the permission of the Consultant. With respect to
computer files, Consultant shall make available to the City, upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall
not be liable for any injuries or property damage resulting from the reuse of the design at a
location other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify,
protect and hold harmless the City, its officers, officials, employees and volunteers from and
against any and all claims, demands, losses, defense costs or expenses, or liability nfany kind or
nature which the City, its officers, agents and employees may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent or wrongful acts or omissions in performing or failing to perform under
the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
LAX2:136829.2 -3 - Revised 9/18/95
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3)
Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
(n)
Errors and omissions liability insurance appropriate to the
consultant's profession.
than:
Minimum Limits of Insurance. Consultant shall maintain limits no less
(1)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
(3)
Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
(4) Errors and omissions liability: $1,000,000 per claim.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, occupied
or used by the Consultant; or automobiles owned, leased, hired or
borrowed by the Consultant. The coverage shall contain no special
LAX2:I36829.2 -4- Revised 9/18/95
limitations on the scope of protection afforded to the City, its
officers, officials, employees or volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
(3)
Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(5)
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty (30)
days~ prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
LAX2:136829.2 -5 - Revised 9/I 8/95
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees or agents shall have control over the conduct of
Consultant or any of Consultant's officers, employees or agents, except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall he available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself
informed of State and Federal laws and regulations which in any manner affect those employed
by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such laws and regulations. The City,
and its officers and employees, shall not be liable at law or in equity occasioned by failure of the
Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement
sh .all be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court order
shall not be considered "voluntary" provided Consultant gives City notice of such court order or
subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located within the City. City
retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
LAX2:136829.2 -6- Revised 9/18/95
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the fight
by City to control, direct, or rewrite said response.
13. NOTICES.. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of
the party as set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92590
Attention: City Manager
To Consultant:
Berryman & Henigar
11590 West Bernardo Ct. Ste 100
San Diego, CA 92127
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City.
15. LICENSES. At all times during the term of this Agreement, Consultant
shall have in full force and effect, all licenses required of it by law for the performance of the
services described in this Agreement.
16. GOVERNING LAW. The City and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with jurisdiction over the City of Temecula.
17. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in this
Agreement. All prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Agreement and shall be of no further force or
effect. Each party is entering into this Agreement based solely upon the representations set forth
herein and upon each party's own independent investigation of any and all facts such party deems
material.
LAX2:136829 2 -7- Revlsed 9/18/95
18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or
persons executing this Agreement on behalf of Consultant warrants and represents that he or she
has the authority to execute this Agreement on behalf of the Consultant and has the authority to
bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
By
Attest:
Jeffrey E. Stone
Mayor
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
CONSULTANT
Berryman & Henigar
By
LAX2:I36529.2 -8- Revised 9/18/95
EXHIBIT A
TASKS TO BE PERFORMED
Barryman & Henigar will provide combination type building inspection services for compliance
with applicable codes on an as needed basis. Responsibilities will include but are not limited to
the inspection of structural, plumbing, electrical and mechanical components on residential and
commercial construction projects within the city.
LAX2:136829.2 -9- Revised 9/18/95
EXHIBIT B
PAYMENT SCHEDULE
Building Inspector
Mileage Charge
(Inspector use of personal vehicle)
$75.00 per hour
.36 per mile
LAX2:136829.2 - 1 O- Revised 9/18/95
ITEM 15
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TEMECULACITYCOUNCIL
AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
July 08, 2003
City ManagedCity Council
John Meyer, Redevelopment Director.-~~)'~ ~
Corporation for Better Housing Senior Housing Project
RECOMMENDATION:
1. That the City Council adopt a resolution entitled:
RESOLUTION NO. 03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING SECOND AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BET~VEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND 28500 PUJOL STREET, A CALIFORNIA
LIMITED PARTNERSHIP
BACKGROUND: City Council approved the Disposition and Development Agreement (DDA)
with Corporation for Better Housing (CBH) January 14, 2003.
Corporation for Better Housing (CBH) is proposing to develop a 66 unit affordable senior housing
project on the east side of Pujol, south of 6th Street, behind the Habitat for Humanity homes. The
project will be two-story garden-style apartments and project amenities, which will include a
community room, and swimming pool. The project is proposed to be all one-bedroom units. The
Agency will loan $2,615,000 for the project including $434,000 purchase price for the property.
DISCUSSION: In order for the developer to close on the Bonds for project, the Agency
property must be transferred to the Developer. The DDA currently requires the developer to receive
building permits for the project prior to the transfer. The Developer has been working diligently with
the City to receive these permits but the permits will not be ready prior to the expiration of the Bond
R:~Housing 2002\CBH2ndDDAArnendmentStaffRepo~162403city.doc
commitment on July 14, 2003. Therefore, in order to preserve the Bonds, the agency must transfer
the land to the developer before the issuance of the permits. As a safeguard measure, the
amendment contains language that stipulates the land revert back to the Agency if building permits
are not issued by August 22, 2003.
FISCAL IMPACT: As outlined in the body of the report, the proposed amendment will not result
in any additional cost to the City.
Attachment: Resolutions
Second Amendment to the Disposition and Development Agreement
R:~--Iousing 2002\CBH2nd D DAAmendmentStaffReport62403city.doc
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING FIRST
AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND 28500 PUJOL STREET, A CALIFORNIA
LIMITED PARTNERSHIP
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds, determines and declares that:
A. City and 28500 Pujol Street, a California Limited Partnership
("Developer") have entered into a Disposition and Development Agreement dated as of
January 14, 2003 (the "DDA") which provided for, among other things, the City's
contribution to Developer of certain real property described therein (the "Property") and
the City's making a "predevelopment loan" to Developer to be secured by the Property
(the "City Loan") for the purpose of facilitating the development of an affordable 66-unit
senior housing project on the east side of Pujol. The project will be two-story garden-
style apartments and project amenities, which will include a community room and
swimming pool. Capitalized terms used herein but not defined shall have the meaning set
forth in the DDA.
B. The City Loan is secured by a Deed of Trust, Security Agreement
and Fixtures Filing (with Assignment of Rents) dated January 14, 2003 executed by
Developer, as trustier, in favor of Agency, as beneficiary, and recorded on in the
Official Records of the County of Riverside, California as Document No. 2003-
(the "Deed of Trust").
C. City and Developer desire to clarify and modify some of the terms
of the DDA and the Agency Loan.
D. The approval of this First Amendment by the Agency constitutes
an action by the City to implement an adopted Housing Assistance Plan by acquiring
interests in housing units to assure they are affordable to persons of low and moderate
income. Therefore, the Project is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14
of the California Code of Regulations).
Section 2. The City Council hereby approves that certain agreement entitled
"Second Amendment to DDA and Promissory Note" between the Agency and 28500
Pujol Street, a California Limited Partnership, with such changes in each document as
may be mutually agreed upon by the Developer and the City Manager as are in substantial
conformance with the form of such Agreement which on file in the Office of the City
R:'~Housing 2002~cbhamendcityreso. DOC
Clerk. The Mayor is hereby authorized to execute the Agreement, including related
exhibits and attachments on behalf of the City. A copy of the final Agreement when
executed by the Mayor shall be placed on file in the Office of the City Clerk.
Section 3. The City Manager (or his designee), is hereby authorized, on behalf
of the Agency, to take all actions necessary and appropriate to carry out and implement
the Agreement and to administer the Agency's obligations, responsibilities and duties to
be performed under the Agreement and related documents, including but not limited to
the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow
instructions, certificates of completion and such other implementing agreements and
documents as contemplated or described in the Agreement.
Section 4. 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 08th day of June, 2003.
ATTEST:
Jeff Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
RSHousing 2002~cbhamendcityreso. DOC
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
) ss
)
I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of
Temecula, do hereby certify that Resolution No. RDA 03-__ was duly and regularly
adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a
regular meeting thereof, held on the 08th day of June, 2003, by the following vote, to wit:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ABSTAIN:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Agency Secretary
RAHousing 2002~cbhamendcityreso. DOC
SECOND AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of July 8, 2003 and is entered into by and
between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body,
corporate and politic ("Agency") and 28500 PUJOL ST., L.P., a California limited partnership
("Developer").
RECITALS
A. Agency and Developer entered into a Disposition and Development Agreement
dated in 2003, and amended it by a First Amendment to Disposition and Development
Agreement dated in June, 2003 (including all exhibits thereto, the "DDA"). The DDA provides
for, among other things, the sale of certain land and improvements by Agency to Developer (the
"Property"), a loan by Agency to Developer to be used for the acquisition of the Property and
development of the Property as an affordable rental project (the "Agency Loan") and the
execution, delivery and recordation of a Regulatory Agreement between Agency and Developer
(the "Regulatory Agreement"). Capitalized terms used but not defined in the Amendment shall
have the meanings ascribed thereto in the DDA.
B. Agency and Developer have agreed to further modify the DDA as hereinafter set
forth.
NOW, THEREFORE, in consideration of the foregoing recitals and other consideration,
the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows:
1. DDA Modifications. The DDA is hereby modified as follows:
(i) Section 2.6.10 of the DDA is hereby deleted and is replaced with the following:
"2.6.10 The Agency shall have received and approved documents evidencing the
waiver by Bank of America, N.A. as bondholder and trustee (and by the other
parties to bonds the proceeds of which are to be used to construct the Project) of
the issuance of permits for the construction of the Project as a condition to the
purchase and closing of such bonds."
(ii)
The following is hereby added to the DDA as a new Section 2.7.6 (in order to
clarify certain Closing mechanics):
"2.7.6 Upon the Close of Escrow (and the execution and delivery of the
Agency Note), the Agency shall be deemed to have disbursed the sum of
$434,000 of the Agency Loan to Developer, which shall be applied by Agency to
the purchase price for the Property payable by Developer to Agency at the
Closing."
(iii) The Grant Deed shall provide that title to the Property shall revert to the Agency
in the event that permits for the construction of the Project have not been issued
R:~Housing 2002~2ndA mendment. DOC
by 5:00 P.M. on August 22, 2003 (and if such reversion occurs, $434,000 of
principal under the Agency Note and all accrued interest thereon shall be deemed
cancelled).
(iv) The following is hereby added to the end of Section 5.2.2 of the DDA:
"In no event shall any proceeds from the Agency Loan be disbursed to Developer
(other than the initial "deemed disbursement" of the purchase price for the
Property) unless all permits for the construction of the Project shall have been
issued by August 22, 2003."
2. General Provisions.
a. General Provisions. This Agreement constitutes the entire agreement between the
parties pertaining to the subject matter hereof, and supersedes all prior agreements and
understandings of the parties with respect to the subject matter hereofi This Agreement may not
be modified, amended, supplemented, or otherwise changed, except by a writing executed by
both parties hereto.
b. Waiver. No failure or delay by any party in the exercise of any right hereunder shall
constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude
other or further exercise thereof, or any other fight.
c. Counterparts. This Amendment may be executed in two or more counterparts and by
different parties hereto on separate counterparts, each of which when so executed and delivered
shall be deemed an original and all of which, when taken together, shall constitute one and the
same instrument.
d. Governing Law. This Amendment shall be deemed to be a contract made under the
laws of the State of California and for all purposes shall be governed by and construed in
accordance with the laws of the State of California.
e. Attorneys' Fees and Costs. If a dispute arises under or in connection with this
Amendment (including, without limitation, the enforcement or interpretation of this
Amendment), the prevailing party (as determined by the trier of fact) shall be entitled to recover
its reasonable attorneys' fees and costs from the other party.
R:~-Iousing 2002~2ndAmendment. DOC 2
IN WITNESS WHEREOF, the Parties have entered into this agreement as of the day and
year first above written.
28500 PUJOL ST., L.P.,
a California limited partnership
By:
Lynx Realty & Management, LLC,
a California limited liability company,
its Administrative General Partner
By:
Charles Brumbaugh,
Managing Member
By:
Corporation for Better Housing,
a California corporation,
its Managing General Partner
By:
Charles Brumbaugh
Executive Director
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA,
a public body, corporate and politic
By:
Ron Roberts, Chairperson
ATTEST:
Susan W. Jones
City Clerk/Agency Secretary
APPROVED AS TO FORM:
Peter Thorson
Agency Counsel
R:'d-Iousing 2002~2ndArnendment. DOC 3
ITEM 16
ORDINANCE NO. 03-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MODIFY THE STANDARDS AND
PROCEDURES FOR APPROVING SECONDARY DWELLING
UNITS (PLANNING APPLICATION PA03-0110)
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plans as may be in effect in any such city; and
WHEREAS, the State Legislature approved and the Governor signed Assembly Bill
1866 that further restricted the ability of cities to regulate secondary dwelling units;
WHEREAS, to comply with the State's modified requirement, the City is required modify
the Municipal Code;
WHEREAS, the Planning Commission held duly noticed public hearing on May 21,
2003, and recommended that the City Council approve the attached amendments; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and,
WHEREAS, the City Council has held a duly noticed public hearing on June 24, 2003 to
consider the proposed amendments to the Temecula Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby amends Table 17.03.010
of the Temecula Municipal Code as follows.
A. Add the following line to the Table.
IApplication
Secondary dwelling unit
Admin.
Approval
x4
Planning
Director
Planning
Commission
City
Council
B. Add Footnote Number 4 to read as follows: "4. State law requires the
administrative consideration of secondary dwelling units. These applications can not be
promoted to the planning commission."
R:/Ords 2003lOrds 03-06 I
Section 2. The City Council of the City of Temecula hereby amends Section
17.05.020.B to read as follows: "When Required. Administrative review is permitted for
applications for minor exceptions, temporary uses, secondary dwelling units, and for minor
modifications to approved development plans and conditional use permits that were previously
approved pursuant to Chapter 17.052
Section 3. The City Council hereby amends Section 17.06.050.L to read as follows:
"Secondary Dwelling Units. Secondary dwelling units are permitted in all residential
zoning districts where there is an existing owner-occupied single-family detached
dwelling. In accordance with state law, a secondary unit shall be considered a residential
use and shall not be considered to exceed the allowable density for the lot upon which it
is permitted. Secondary dwelling units shall comply with the following requirements:
A secondary dwelling unit shall have a floor area between four hundred (400)
and one thousand two hundred (1,200) square feet.
The secondary dwelling shall be compatible with the design of the primary
dwelling and the surrounding neighborhood in terms of height, bulk and mass,
landscaping, and amhitectural materials.
The secondary dwelling unit shall be provided with off-street parking in
accordance with the off-street parking standards in Chapter 17.24.
The application for the second unit permit must be signed by the owner of the
parcel of land and the primary dwelling.
A secondary dwelling unit shall not be sold, but may be rented. The property
owner must occupy either the primary residence or the secondary dwelling unit."
Section 4. The City Council of the City of Temecula hereby amends Section 17.34
by adding a definition of secondary dwelling unit to read as follows: ""Secondary dwelling unit"
means an additional complete dwelling unit on a lot with an existing single family residence that
provides independent living facilities for one or more persons."
Section 5. Severability. The City Council hereby declares that the provisions of this
Ordinance am severable and if for any mason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining pads of this Ordinance.
Section 6. Environmental Compliance. The City Council hereby finds that the
modification of the City's standards for the processing of secondary unit permits is statutorily
exempt from CEQA pursuant to Section 15282, Other Statutory Exemptions, because this
ordinance conforms the local code with the provisions of State Planning and Zoning Law
concerning the adoption of ordinances regulating secondary dwelling units. As a result, the City
Council determines that no further environmental analysis is required.
Section 7. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be published as required by law.
R:/Ords 2003lOrds 03-06 2
PASSED, APPROVED AND ADOPTED this 6th day of July, 2003.
Jeffrey E. Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 03-06 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 24th day of June, 2003 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day
of July, 2003, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Ords 2003/Orals 03-06 3
ITEM 17
ORDINANCE NO. 03-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.04.050 OF THE
TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR
COUNCIL MEMBERS TO SIX HUNDRED DOLLARS PER
MONTH AS PROVIDED IN GOVERNMENT CODE SECTION
36516 AND PROVIDING FOR REIMBURSEMENT OF
NECESSARY EXPENSES.
THE CITY COUNCIL OF THE CiTY Of TEMECULA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. Government Code Section 36516 provides that council members in
a city with a population of over 75,000 persons are authorized to receive a salary of
$600.00 per month. The population of a city for the purposes of establishing council
member salaries may be based upon either a federal census or an estimate of
population validated by the California Department of Finance.
B. The population of the City of Temecula is 75,014 persons as
validated by the California Department of Finance.
Section 2. Section 2.04.050 of the Temecula Municipal Code is hereby
amended to read as follows:
"2.04.050 Compensation
"A. In accordance with Government Code Section 36516, each
council member shall be entitled to a salary of in the amount of six
hundred dollars ($600.00) per month.
"B. Upon the submission of an itemized account, any council
member may be reimbursed for the actual and necessary
expenses incurred in the performance of official duty. The Council
may, by resolution, establish a schedule of actual and necessary
expenses incurred in the performance of official duty for which
council members may be reimbursed."
Section 3. As required by Government Code Section 36516.5, council
members shall not be eligible for the $600.00 salary described in Section I of this
Ordinance until the term of office begins for council members elected at the November
2003 General Municipal Election. Until such time, council members shall continue to
receive $500.00 per month in salary.
Section 4. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares
that it would
R:/Resos 2003/Resos 03-07 1
have passed this ordinance and each sentence, clause or phrase thereof irrespective of
the fact that any one or more sentences, clauses or phrases be declared uncon-
stitutional or otherwise invalid.
Section 5. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of
Temecula this 8th day of July, 2003.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[Seal]
STATE OF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby
certify that the foregoing Ordinance No. 03-07 was duly introduced and placed upon its
first reading at a regular meeting of the City Council on the 24th day of June, 2003, and
that, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council of the City of Temecula on the 8t" day of July, 2003, by the following roll call:
AYES:
COUNClLMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNClLMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2003/Resos 03-07 2
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
JUNE 24, 2003
A regular meeting of the City of Temecula Community Services District was called to order at 7:39
P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President
Comerchero presiding.
ROLL CALL
PRESENT:
4 DIRECTORS: Naggar, Pratt, Stone, and
Comerohero
ABSENT: 1 DIRECTORS: Roberts
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 10, 2003.
2 First Amendment to the Janitorial Maintenance Services Contract for Park Restrooms
and Picnic Shelters for FY 2003-04
RECOMMENDATION:
2.1
Approve the First Amendment with Grace Building Maintenance Company, which
will exercise the City's option for a one-year extension of the agreement; the
agreement will be extended through June 30, 2004;
2.2
Authorize the expenditure of funds in the amount of $53,730.00 for Janitorial
Maintenance Services;
2.3 Approve a 10% contingency in the amount of $5,373.00.
Ratification of Election Results - Tract No. 19872-1, -2, -3, -4, -5, and Final (Loma Linde
Tract)
RECOMMENDATION:
3.1 Adopt a resolution entitled:
Minutes.csd\062403 I
RESOLUTION NO. CSD 03-10
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF TEMECULA COMMUNITY SERVICES DISTRICT
RECITING THE FACT OF THE SPECIAL TEMECULA
COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT
ELECTION HELD ON JUNE 12, 2003, DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY
LAW
Inclusion of Tracts into Service Level B and Acceptance of Slope easement Areas
into Service Level C for Fiscal Year 2003-2004
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 03-11
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING
CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR
PURPOSES OF FUNDING THE ENERGY CHARGES FOR
RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR
2003-2004
4.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 03-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING
CERTAIN SLOPE AND LANDSCAPE AREAS WITHIN TRACT
MAP NOS. 19872-1, -2, -3, -4, -5, AND -00 (FINAL) INTO
SERVICE LEVEL C FOR MAINTENANCE PURPOSES
BEGINNING FISCAL YEAR 2003-2004
4.3
Authorize the City Clerk/District Secretary to record the slope easement
Documents.
MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1-4. The motion was
seconded by Director Naggar and voice vote reflected approval with the exception of Director
Roberts who was absent.
PUBLIC HEARING
5 TCSD Proposed Rates and Char.qes for Fiscal Year 2003-2004
RECOMMENDATION:
5.1 Adopt a resolution entitled:
Minutes.csd\062403 2
RESOLUTION NO. CSD 03-'13
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL B -
RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C -
PERIMETER LANDSCAPING, AND SERVICE LEVEL D -
REFUSE AND RECYCLING COLLECTION SERVICES FOR
FISCAL YEAR 2003-2004
5.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 03-'14
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL R - ROAD
MAINTENANCE SERVICES FOR FISCAL YEAR 2003-2004
Community Services Director Parker reviewed the staff report (as per agenda material),
highlighting the various service levels and noting that due to a Consumer Price Index (CPI), an
increase in the amount of $3.72 is being proposed for Service Level D - refuse, recycling, and
street sweeping services to all-single family residential properties.
For Director Stone, Community Services Director Parker advised that the proposed increase for
Service Level D will be based on 19,152 residential units at approximately $60,000.
Director Stone stated that the City should absorb the proposed increase.
Relaying his support of the City absorbing the proposed increase, Director Naggar noted that
during leaner City times, such costs may have to be imposed on to the residents.
General Manager Nelson recommended that the requested $60,000 be transferred from the
Undesignated Reserve Funds.
Chairman Comerchero as well relayed his support of the City absorbing the approximate
$60,000.
City Attorney Thorson recommended that action be taken on the proposed rate adjustment and
that staff be directed to forward to the City Council an item as to the appropriation of the rate
adjustment.
MOTION: Director Stone moved to approve staff recommendation with the proposed
amendment to the rate of Service Level D, as noted on page 3. The motion was seconded by
Director Naggar and voice vote reflected approval with the exception of Director Roberts who
was absent.
DEPARTMENTAL REPORT
No additional comments.
Minutes.csd\062403 3
DIRECTOR OF COMMUNITY SERVICES REPORT
Advising that the new Guide to Parks, Recreation Facilities, and Tra#s Brochure is available for
public distribution, Community Services Director Parker as well commented on the Summer
Sunset Concert Series and Movie in the Park Brochures.
GENERAL MANAGER'S REPORT
Commending the Community Services Department on the completion of the new Guide to
Parks, Recreation Facilities, and Trails Brochure, General Manager Nelson advised that the
brochure will submitted for a possible award to the California Parks and Recreation Society.
BOARD OF DIRECTORS' REPORTS
A. Chairman Comerchero commended Community Services Director Parker and the
Community Services Department staff on their continued effort and diligence associated with
retaining the rates and charges at either no increase or a nominal increase.
ADJOURNMENT
At 7:54 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, July 22, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
Minutes.csd\062403 4
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
JUNE 24, 2003
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:51
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT: 4 AGENCY MEMBERS: Comerchero, Pratt, Stone,
and Naggar
ABSENT: I AGENCY MEMBER: Roberts
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 10, 2003.
2 Corporation for Better Housing Senior Housing Proiect
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 03-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING FIRST AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETVVEEN THE AGENCY AND
28500 PUJOL STREET, A CALIFORNIA LIMITED
PARTNERSHIP
MOTION: Agency Member Comerchero moved to approve Consent Calendar Item Nos. 1-2.
The motion was seconded by Agency Member Stone and voice vote reflected approval with
the exception of Agency Member Roberts who was absent.
R:\Minutes.rda\062403 1
AGENCY BUSINESS
3 Interim Lease of A,qency Property - 27500 Jefferson Avenue
RECOMMENDATION:
3.1 Approve a lease agreement with the Donna L. Reeves Trust UTD 7-25-90 for
Agency property located at 27500 Jefferson Avenue for an amount of $7,500 per
month.
Assistant Executive Director O'Grady presented the staff report (of record).
MOTION: Agency Member Comerchero moved to approve Item No. 3. The motion was
seconded by Agency Member Stone and voice vote reflected approval with the exception of
Chairman Roberts who was absent.
DEPARTMENTAL REPORT
No additional comments.
EXECUTIVE DIRECTOR'S REPORT
Executive Director Nelson commended Assistant Executive Director O'Grady on his efforts
associated with the interim lease item.
AGENCY MEMBERS' REPORTS
No comments.
ADJOURNMENT
At 7:54 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, July 22, 2003, in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Ron Robe,s, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:'~Vlinutes. rda\062403 2
ITEM 2
APPROVAL
CITY ATTORNEY
FINANCE OFFICER ~
CITY MANAGER ~,,~
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
July 08, 2003
Executive Director and Agency Board
John Meyer, Redevelopment Director <::~'~ ~
Corporation for Better Housing Senior Housing Project
RECOMMENDATION:
1. That the Redevelopment Agency Board adopt a resolution entitled:
RESOLUTION NO. RDA 03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING SECOND AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BET~VEEN THE AGENCY
AND 28500 PUJOL ST., L.P. A CALIFORNIA LIMITED
PARTNERSHIP
BACKGROUND: Agency Board approved the Disposition and Development Agreement (DDA)
with Corporation for Better Housing (CBH) January 14, 2003.
Corporation for Better Housing (CBH) is proposing to develop a 66 unit affordable senior housing
project on the east side of Pujol, south of 6th Street, behind the Habitat for Humanity homes. The
project will be two-story garden-style apartments and project amenities, which will include a
community room, and swimming pool. The project is proposed to be all one-bedroom units. The
Agency will loan $2,615,000 for the project including $434,000 purchase price for the property.
R:~lousing 2002\CBH2ndDDAAmendmentStaffRepo rt62403.doc
DISCUSSION: In order for the developer to close on the Bonds for project the Agency
property must be transferred to the Developer. The DDA currently requires the developer to receive
building permits for the project prior to the transfer. The Developer has been working diligently with
the City to receive these permits but the permits will not be ready prior to the expiration of the Bond
commitment on July 14, 2003. Therefore, in order to preserve the Bonds, the agency must transfer
the land to the developer before the issuance of the permits. As a safeguard measure, the
amendment contains language that stipulates the land revert back to the Agency if building permits
are not issued by August 22, 2003.
FISCAL IMPACT: As outlined in the body of the report, the proposed amendment will not result
in any additional cost to the Agency.
Attachment: Resolutions
Second Amendment to the Disposition and Development Agreement
R:",Housing 2002\CBH2ndDDA/~nendmentStaffReport62403.doc
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA APPROVING FIRST AMENDMENT
TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE AGENCY AND 28500
PUJOL STREET, A CALIFORNIA LIMITED
PARTNERSHIP
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby finds, determines and declares that:
A. Agency and 28500 Pujol Street, a California Limited Partnership
("Developer") have entered into a Disposition and Development Agreement dated as of
January 14, 2003 (the "DDA") which provided for, among other things, the Agency's
contribution to Developer of certain real property described therein (the "Property") and
the Agency's making a "predevelopment loan" to Developer to be secured by the Property
(the "Agency Loan") for the purpose of facilitating the development of an affordable 66-
unit senior housing project on the east side of Pujol. The project will be two-story
garden-style apartments and project amenities, which will include a community room and
swimming pool. Capitalized terms used herein but not defined shall have the meaning set
forth in the DDA.
B. The Agency Loan is secured by a Deed of Trust, Security
Agreement and Fixtures Filing (with Assignment of Rents) dated January 14, 2003
executed by Developer, as trustier, in favor of Agency, as beneficiary, and recorded on
in the Official Records of the County of Riverside, California as Document
No. 2002-201994 (the "Deed of Trust").
C. Agency and Developer desire to clarify and modify some of the
terms of the DDA and the Agency Loan.
D. The approval of this First Amendment by the Agency constitutes
an action by the Agency to implement an adopted Housing Assistance Plan by acquiring
interests in housing units to assure they are affordable to persons of low and moderate
income. Therefore, the Project is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14
of the California Code of Regulations).
Section 2. The Board of Directors of the Redevelopment Agency of the City
of Temecula hereby approves that certain agreement entitled "Second Amendment to
R:kHousing 2002XcbhamendRDA Reso. DOC
DDA and Promissory Note" between the Agency and 28500 Pujol Street, a California
Limited Partnership, with such changes in each document as may be mutually agreed
upon by the Developer and the Executive Director as are in substantial conformance with
the form of such Agreement which on file in the Office of the Agency Secretary. The
Chairperson of the Agency is hereby authorized to execute the Agreement, including
related exhibits and attachments on behalf of the Agency. A copy of the final Agreement
when executed by the Agency Chairperson shall be placed on file in the Office of the
Secretary of the Agency.
Section 3. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry
out and implement the Agreement and to administer the Agency's obligations, respon-
sibilities and duties to be performed under the Agreement and related documents,
including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement,
acceptances, escrow instructions, certificates of completion and such other implementing
agreements and documents as contemplated or described in the Agreement.
Section 4.
Resolution.
The Secretary of the Agency shall certify the adoption of this
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel-
opment Agency of the City of Temecula at a regular meeting held on the 08th day of July,
2003.
ATTEST:
Ron Roberts, Chairperson
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:~Housing 2002\cbhamendRDA Reso. DOC
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
) ss
)
I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of
Temecula, do hereby certify that Resolution No. RDA 03-__ was duly and regularly
adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a
regular meeting thereof, held on the 08th day of July, 2003, by the following vote, to wit:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ABSTAIN:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Agency Secretary
R:~-Iousing 2002\cbhamendRDA Reso. DOC
SECOND AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of July 8, 2003 and is entered into by and
between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body,
corporate and politic ("Agency") and 28500 PUJOL ST., L.P., a California limited partnership
("Developer").
RECITALS
A. Agency and Developer entered into a Disposition and Development Agreement
dated in 2003, and amended it by a First Amendment to Disposition and Development
Agreement dated in June, 2003 (including all exhibits thereto, the "DDA"). The DDA provides
for, among other things, the sale of certain land and improvements by Agency to Developer (the
"Property"), a loan by Agency to Developer to be used for the acquisition of the Property and
development of the Property as an affordable rental project (the "Agency Loan") and the
execution, delivery and recordation of a Regulatory Agreement between Agency and Developer
(the "Regulatory Agreement"). Capitalized terms used but not defined in the Amendment shall
have the meanings ascribed thereto in the DDA.
forth.
Agency and Developer have agreed to further modify the DDA as hereinafter set
NOW, THEREFORE, in consideration of the foregoing recitals and other consideration,
the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows:
1. DDA Modifications. The DDA is hereby modified as follows:
(i) Section 2.6.10 of the DDA is hereby deleted and is replaced with the following:
"2.6.10 The Agency shall have received and approved documents evidencing the
waiver by Bank of America, N.A. as bondholder and trustee (and by the other
parties to bonds the proceeds of which are to be used to construct the Project) of
the issuance of permits for the construction of the Project as a condition to the
purchase and closing of such bonds."
(ii)
The following is hereby added to the DDA as a new Section 2.7.6 (in order to
clarify certain Closing mechanics):
"2.7.6 Upon the Close of Escrow (and the execution and delivery of the
Agency Note), the Agency shall be deemed to have disbursed the sum of
$434,000 of the Agency Loan to Developer, which shall be applied by Agency to
the purchase price for the Property payable by Developer to Agency at the
Closing."
(iii)
The Grant Deed shall provide that title to the Property shall revert to the Agency
in the event that permits for the construction of the Project have not been issued
R:~Housing 2002~2ndAmendment. DOC
by 5:00 P.M. on August 22, 2003 (and if such reversion occurs, $434,000 of
principal under the Agency Note and all accrued interest thereon shall be deemed
cancelled).
(iv) The following is hereby added to the end of Section 5.2.2 of the DDA:
"In no event shall any proceeds from the Agency Loan be disbursed to Developer
(other than the initial "deemed disbursement" of the purchase price for the
Property) unless all permits for the construction of the Project shall have been
issued by August 22, 2003."
2. General Provisions.
a. General Provisions. This Agreement constitutes the entire agreement between the
parties pertaining to the subject matter hereof, and supersedes all prior agreements and
understandings of the parties with respect to the subject matter hereofi This Agreement may not
be modified, amended, supplemented, or otherwise changed, except by a writing executed by
both parties hereto.
b. Waiver. No failure or delay by any party in the exercise of any fight hereunder shall
constitute a waiver thereof, nor shall any single or partial exercise of any such fight preclude
other or further exercise thereof, or any other fight.
c. Counterparts. This Amendment may be executed in two or more counterparts and by
different parties hereto on separate counterparts, each of which when so executed and delivered
shall be deemed an original and all of which, when taken together, shall constitute one and the
same instrument.
d. Governing Law. This Amendment shall be deemed to be a contract made under the
laws of the State of California and for all purposes shall be governed by and construed in
accordance with the laws of the State of California.
e. Attorneys' Fees and Costs. If a dispute arises under or in connection with this
Amendment (including, without limitation, the enforcement or interpretation of this
Amendment), the prevailing party (as determined by the trier of fact) shall be entitled to recover
its reasonable attorneys' fees and costs from the other party.
R:LHousing 2002L2ndAmendment. DOC 2
IN WITNESS WHEREOF, the Parties have entered into this agreement as of the day and
year first above written.
28500 PUJOL ST., L.P.,
a California limited partnership
By:
Lynx Realty & Management, LLC,
a California limited liability company,
its Administrative General Partner
By:
Charles Brumbaugh,
Managing Member
By:
Cmporation for Better Housing,
a California corporation,
its Managing General Partner
By:
Charles Brumbaugh
Executive Director
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA,
a public body, corporate and politic
By:
Ron Roberts, Chairperson
ATTEST:
Susan W. Jones
City Clerk/Agency Secretary
APPROVED AS TO FORM:
Peter Thorson
Agency Counsel
R:~-Iousing 2002L2ndAmendment. DOC 3
ITEM 3
APPROVAL
CITY ATTORNEY
FINANCE DI R ECTO..~¢-~
CITY MANAGER .~ "~
TO:
FROM:
DATE:
SUBJECT:
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Redevelopment Agency Members
A
John Meyer, Redevelopment Director ,~1
July 8, 2003
Building Lease with Musician's Workshop
RECOMMENDATION: That the Temecula Redevelopment Agency:
1. Adopt a Resolution entitled:
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA
APPROVING A LEASE AGREEMENT BETWEEN
THE AGENCY AND MUSICIAN'S WORKSHOP
DISCUSSION: On March 18, 2003 the Agency entered into a Purchase and Sale Agreement
with the Theater Foundation to acquire the property located at 28690 Mercedes Street (APN
922-042-004 and 005). Escrow closed on 06/11/2003. As previously directed by the Agency
Board, staff has negotiated the attached Building Lease with Musician's Workshop.
The Workshop had previously occupied the building and the Agency had granted it facade
improvement funds to refurbish the outside of the building. In addition, the Workshop had spent its
own resources to upgrade the interior of the building. The Workshop is a non-profit organization
that provides musical training to the youth of the valley and would be a positive addition, by bringing
children and families to Old Town for practices and performances.
The following is a summary of deal points:
5-year lease with a 180-day termination provision.
Lease rate of $1 year.
The Workshop agrees to waive all relocation rights at the termination of the
lease.
The Workshop agrees to provide 4 annual scholarships to Temecula residents.
The Workshop agrees to provide 6 annual performances at no cost for City and
Agency events.
The Workshop will be responsible for all routine maintenance and utilities.
The Workshop will provide evidence of Insurance.
R:\Oldtown\Musician W'WIW Lease Agreement Staff Report.doc
The Agency has agreed to provide some minor repairs to the building including work on the roof,
restrooms and installation of a Water Heater and wall mounted heating and AC Unit.
FISCAL IMPACT: The cost of the minor repairs to the building is estimated not to exceed $5,000.
The costs will be funded through the Agency's Other Outside Services line item in the FY 2003-04
Budget.
R:\Oldtown'Wlusician W'~.IW Lease Agreement Staff Report.doc
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA APPROVING A LEASE
AGREEMENT BETWEEN THE AGENCY AND
MUSICIAN'S WORKSHOP
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby finds, determines and declares that:
A. The Redevelopment Agency of the City of Temecula ("Agency") is
a community redevelopment agency duly organized and existing under the
Community Redevelopment Law ("CRL"), Health and Safety Code Sections
33000 et seq. and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council of the
City of Temecula.
B. On July 12, 1988, the Board of Supervisors of the County of
Riverside adopted Ordinance No. 658 adopting and approving the
"Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1"
(hereafter the "Plan") in accordance with the provisions of the CRL. On
December 1, 1989, the City of Temecula was incorporated. The boundaries of
the Project Area described in the Plan are entirely within the boundaries of the
City of Temecula. On April 9, 1991, the City Council of the City of Ternecula
adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the
Redevelopment Agency of the City of Temecula and transferring jurisdiction over
the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-
15, the City of Temecula and the Redevelopment Agency of the City of Temecula
assumed jurisdiction over the Plan as of July 1, 1991.
C. The Lease Agreement ("Agreement") approved by this Resolution
is intended to effectuate the Redevelopment Plan for the Agency's
Redevelopment Project Area No. 1988-1, as amended, by contributing certain
real property to be used by the Developer to develop a music studio to provide
musical training to the youth of the valley located at 28690 Mercedes Street
(APN 922-042-004 and 005).
D. The Agreement is also intended to effectuate the objectives of
the Agency and the City of Temecula (the "City") in complying with their
obligation to provide Iow and moderate income housing pursuant to the Health
and Safety Code of California and the goals of the Temecula General Plan. The
Developer's development of the Project and the fulfillment generally of this
Agreement are in the best interest of the City and the welfare of its residents, and
in accordance with the public purposes and provisions of applicable federal,
state, and local laws and requirements.
R:~OldtownWlusician WXMWReso. DOC 1
E. Pursuant to the provisions of Health & Safety Code Sections
33430, 33431 and 33433, on January 14, 2003 the Agency duly noticed and held
a joint public hearing before the Board of Directors of the Redevelopment Agency
of the City of Temecula and the City Council of the City of Temecula concerning
the approval of the proposed Building Lease Agreement with Developer.
F. Pursuant to the requirements of Health & Safety Code Section
33433, a comprehensive report summarizing and analyzing the proposed
Building Lease Agreement. The report specifically contains the information
required by Section 33433 and has been prepared within the time limit set forth
therein and made available for public review from the date of the first publication
of the notice of public hearing.
G. The Agreement is consistent with the Redevelopment Plan and
the Implementation Plan adopted by the Agency for the Project Area adopted by
the Agency.
H. The redevelopment of the Project site as provided in the
Agreement and is consistent with the City's General Plan and the Old Town
Specific Plan.
I. The Agency is specifically authorized by Health & Safety Code
Sections 33430, 33431 and 33433, and other applicable law, to enter into the
Building Lease Agreement.
J. The Agency Board has duly considered all terms and conditions of
the proposed Agreement and believes that such agreement is in the best
interests of the Agency and City and the health, safety, and welfare of its
residents, and in accord with the public purposes and provisions of applicable
State and local law requirements.
K. This Agreement pertains to and affects the ability of all parties to
finance and carry out their statutory purposes and to accomplish the goals of the
Plan and is intended to be a contract within the meaning of Government Code
Section 53511.
Section 2. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby further finds, determines and declares that:
A. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the
Agency may accept financial or other assistance from any public or private
source, for the Agency's activities, powers, and duties, and expend any funds so
received for any of the purposes of the CRL.
Section 3. The Project is an "in-fill project" and is exempt from the provisions
of the California Environmental Quality Act pursuant to Section 15332 of the CEQA
Guidelines (Title 14 of the California Code of Regulations). The Executive Director of the
Agency is directed to file a Notice of Exemption of this action as required by CEQA and
the CEQA Guidelines.
R:XOldtown'dVl usician W~MWReso. DOC 2
Section 4. The Board of Directors of the Redevelopment Agency of the City
of Temecula hereby approves that certain agreement entitled "Building Lease
Agreement" by and Between Temecula Redevelopment Agency and Musician's
Workshop with such changes in such document as may be mutually agreed upon by the
Developer and the Agency Executive Director as is in substantial conformance with the
form of such Agreement which on file in the Office of the Agency Secretary. The
Chairperson of the Agency is hereby authorized to execute the Agreement, including
related exhibits and attachments on behalf of the Agency. A copy of the final Agreement
when executed by the Agency Chairperson shall be placed on file in the Office of the
Secretary of the Agency.
Section 5. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to
carry out and implement the Agreement and to administer the Agency's obligations,
responsibilities and duties to be pedormed under the Agreement and related documents.
Section 6.
Resolution.
The Secretary of the Agency shall certify the adoption of this
R:\Oldtown~usician W~MWReso. DOC 3
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Redevelopment Agency of the City of Temecula on July 8, 2003.
ATTEST:
Ron Roberts, Chairperson
Susan Jones, CMC
Agency Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
SS
I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of
Temecula, do hereby certify that the Resolution No. RDA 03- was duly and
regularly adopted by the Board of Directors of the Redevelopment Agency of the City of
Temecula at a regular meeting thereof, held on July 08, 2003, by the following vote, to
wit:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
SUSANJONES, CMC
SECRETARY
R:\OldtownXM usician WWIWReso. DOC 4
BUILDING LEASE
This BUILDING LEASE ("Lease") is made and entered into as of the 8th day of
July, 2003 ("Effective Date"), by and between the TEMECULA REDEVELOPMENT
AGENCY, a public body, corporate and politic ("Landlord)" and Musician's Workshop, a Non-
Profit Corporation ("Tenant").
RECITALS:
1. Landlord desires to lease to Tenant, and Tenant desired to hire from
Landlord, on the terms and conditions hereinafter set forth, the building at 28690 Mercedes
Street in Temecula, California (the "Building").
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
Landlord and Tenant agree as follows:
ARTICLE 1
Agreement of Lease; Use of Building
Subject to the terms hereinafter set forth, Landlord leases the Building to Tenant
and Tenant hires the Building from Landlord together with the nonexclusive right, in common
with others, to the use of any common driveways, parking areas, and similar access and service
ways in and adjacent to the Building that are necessary for Tenant's access to and use of the
Building.
The Building shall be used only for music instruction and similar or related
a~tistic or cultural events, and in any event the Building shall at all times be used and occupied
by Tenant in accordance with all applicable laws.
ARTICLE 2
As-Is
Landlord makes no representations or warranties, express or implied, with respect
to the Building, or the land on which the Building is located or any surrounding land owned by
Landlord (collectively, the "Land"), and Landlord shall have no obligation to construct any
improvements, make any alterations or repairs or remediate any hazardous substances as a
condition of Tenant's occupancy of the Building or during the term of this Lease, whether or not
such improvements, alterations, repairs or remediations are required by applicable. Tenant
acknowledges that Tenant is currently in possession of the Building and is fully aware of its
condition.
MW LEASE AGREEMEN'r6/27/03
ARTICLE 3
Term and Commencement Date
The term of this Lease shall begin on July 8, 2003 and shall continue for five (5)
calendar years; provided, however, that Landlord shall have the right to terminate this Lease
upon one hundred and eighty (180) days' prior written notice to Tenant. Prior to the expiration
or earlier termination of this Lease: (i) Tenant shall, at Tenant's cost, remove all personal
property of Tenant in the Building; and (ii) Tenant may, at Tenant's cost, remove any fixtures
attached to the Building that Tenant desires to retain. Any personal property or fixtures that are
not timely removed shall become the property of Landlord.
ARTICLE 4
Rent
The annual rent ("Rent") for the Building during the Term hereof shall be One
and No/100 Dollar ($1.00) and shall be paid without notice or offset, in advance, on the second
day of each calendar year.
ARTICLE 5
Maintenance, Repairs, Services and Utilities
5.01 Tenant shall be responsible for maintaining and repairing the Building,
making all improvements and alterations required by law (including new laws and changes in
laws) except as specifically set forth below, and shall furnish all utilities to the Building, needed
by Tenant; provided, however, that Landlord shall be responsible for providing suitable
ventilation, heating and air conditioning in the form of a wall unit, replacing the water heater and
making minor repairs to the mstroom to meet ADA requirements, maintaining and repairing the
structural portions of the Building and the roof of the Building (excluding any latent or patent
defects and excluding any need for repairs and replacements that now exists and any current
violations of law), subject to the following provisions. If the structural portions of the Building
or the roof of the Building require repairs or replacements or changes required by new laws or by
changes in existing laws after the date hereof, that cost in excess of $5,000, in any one instance
as determined in good faith by Landlord after written notice from Tenant of the need for such
repairs or replacements, then, in addition to its rights under Section 3.01 to terminate this Lease,
Landlord may by written notice to Tenant elect not to make the applicable repairs or
replacements, in which case Tenant shall have the right at Tenant's cost to make the repairs or
replacements in accordance with applicable laws and Landlord shall not be liable to Tenant or
any third party for Landlord's failure to make such repairs or replacements.
5.02 Tenant shall be responsible for servicing and maintenance of all utilities,
electrical, plumbing and mechanical systems related to the Demised Premises.
5.03 Unless caused by the gross negligence or intentional misconduct of
Landlord, Landlord shall in no way be liable or responsible for any loss, damage, or expense that
11087-0001V'/38812vl.doc -2- 6/30/2003 10:03 AM
Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect
in the supply or character of any utility or service furnished to the Building.
ARTICLE 6
Taxes
6.01 Tenant shall be responsible for and shall pay for all Taxes and all
Operating Costs.
6.02 "Taxes" shall mean (a) all real and personal property taxes, assessments
(including, without limitation, assessments for public works, improvements or benefits, whether
or not begun or completed prior to the commencement of the term of this Lease and whether or
not completed within said term) and other governmental charges or levies of every kind,
character and description whatsoever, which at any time have been or may be assessed, levied or
imposed by any governmental authority upon or in respect of or which may become a lien on the
Building or on the Land APN 922-042-004 and 005, or upon any property of Landlord, real or
personal, located in the Building or the Land or on the leasehold created by this Lease (including,
without limitation, any possessory interest taxes); (b) any Taxes which may be assessed, levied
or imposed by any governmental authority in addition to or in lieu of all or any part of such real
or personal property taxes, assessments, charges or levies; and (c) all business, license, use or
other Taxes which may be assessed, levied or imposed upon the Building. If the Land is not
separately assessed, Taxes shall mean an equitable proportion of the foregoing items for all the
land and improvements included within the tax parcel assessed, such proportion to be reasonably
determined by Landlord on the basis of such information as may be reasonably available. Taxes
shall not include municipal, county, state or federal income or franchise taxes of Landlord.
6.03 "Operating Costs" shall mean the aggregate of all costs incurred in the
operation of the Building and Land and shall include, without limitation, the repair and
maintenance of air conditioning equipment, heating equipment, plumbing equipment, life safety
support systems, energy management systems, elevators, any other equipment, and wall, floor
and window coverings; pest control; water, sewer, gas, electric energy and steam; costs of
building alterations, modifications or equipment; and all costs, charges, expenses, dues or
assessments imposed on the Building or Land pursuant to any declarations, covenants,
conditions, easements or restrictions recorded among the land records of Riverside County.
ARTICLE 7
Alterations
7.01 Tenant may not make any removals, additions, improvements or other
alterations in or to the Building or Land without the prior written consent of Landlord. Any
approved alterations shall be done at Tenant's sole cost and expense, in accordance with plans
and specifications approved by Landlord and in accordance with the applicable laws, ordinances,
orders, rules and regulations of any public authority having jurisdiction over the Building.
11087-0001\738812vi.doc -3- 6/30/2003 10:03 AM
7.02 Any mechanic's liens filed against the Building or the Land for work done
or materials or equipment furnished to or contracted for by Tenant shall be discharged or bonded
by Tenant, at Tenant's expense, within ten (10) days after the date it is filed. Tenant shall give
Landlord at least ten (10) days' written notice prior to making any approved alterations, repairs
or improvements to the Building or Land and Landlord shall have the right to post notices of
nonresponsibility on the Building.
7.03 All articles of personal property and all business and trade fixtures, private
telephone systems and lines, furniture and movable partitions owned, leased or installed by
Tenant at its expense in the Building shall be and remain the property of Tenant and may be
removed by Tenant at any time.
ARTICLE 8
Damage to Tenant's Property
8.01 Neither Landlord nor its officers, agents or employees shall be liable to
Tenant for any loss of or damage to personal property of Tenant located in the Building or on the
Land resulting from fire, explosion, steam, gas, electricity, water or moisture in or from any part
of the Building, including its roof, walls, ceilings and floors, or from the pipes, appliances, or
mechanical and electrical systems in the Building or from any other place or from any other
cause, whether or not similar to the foregoing causes.
8.02 Tenant shall promptly notify Landlord verbally, and promptly thereafter in
writing, in the event of any material damage to the Building or Tenant's property resulting from
any fire, accident, occurrence or condition in, on or about the Building or Land.
ARTICLE 9
Personal Property Taxes
Tenant shall be liable for and shall pay (and if Landlord pays, Tenant shall
reimburse Landlord for) any taxes levied against or attributable to any of Tenant's personal
property placed in the Building or on the Land.
ARTICLE 10
Workers' Compensation and Casualty Insurance; Mutual Waiver of Subrogation
10.01 Landlord shall not be obligated to maintain any insurance for the Building
or Land Tenant may at Tenant's cost maintain casualty insurance on the Building provided
Tenant complies with Sections 10.05, 10.06 and 10.07 hereof with respect to such insurance.
10.02 Tenant, at Tenant's expense, shall obtain and maintain in effect at all times
during the term of this Lease an insurance policy covering all risks of direct physical loss or
damage to Tenant's personal property in, on or about the Building or Land, and to all of Tenant's
11087-0001\738812vi.doc -4- 6/30/2003 10:03 AM
additions, improvements or other alterations in or to the Building or Land, to the extent of their
full replacement value.
10.03 Tenant, at Tenant's expense, shall obtain and maintain in effect at all times
during the term of this Lease a policy of commercial general liability insurance in the amount of
at least $2,000,000.
10.04 Tenant, at Tenant's expense, shall obtain and maintain in effect during the
Term of this Lease, workers' compensation insurance insuring against and satisfying Tenant's
obligations and liabilities under the workers' compensation laws of the state in which the
Demised Premises are located.
10.05 The insurance policies obtained and maintained by Tenant: (a) must
provide that Landlord shall be an additional insured; (b) must be written as primary policy
coverage and not contributing with or in excess of any coverage which Landlord may carry;
(c) must provide that the policy may not be canceled unless Landlord shall have received at least
thirty (30) days' prior written notice of cancellation; and (d) must be issued by an insurance
company with a Best's Rating of A+XII or greater. The issuance of any such insurance policy
shall not be deemed to limit or restrict in any way Tenant's liability or obligations arising under
or out of this Lease.
10.06 Tenant shall furnish Landlord with a certificate or certificate evidencing
the insurance policies required to be obtained and maintained by Tenant under this Article prior
to the commencement of this Lease and not later than thirty (30) days prior to expiration of any
policy.
10.07 Notwithstanding any other provision of this Lease, neither Landlord nor
Tenant shall be liable to the other or to any insurance company (by way of subrogation or
otherwise) insuring the other party for any loss or damage to any building, structure or other
tangible property, or any resulting loss of income or additional expense, even though such loss or
damage might have been occasioned by the negligence of such party, its agents or employees, if
such loss or damage is covered by insurance benefiting the party suffering such loss or damage
or was required to be covered by insurance pursuant to this Article. If required to make the
foregoing waiver of subrogation binding upon their respective insurance carriers, Landlord and
Tenant shall give notice to their respective insurance carriers that such mutual waiver of
subrogation is contained in this Lease. Tenant agrees to cause all other occupants of the Building
or Land claiming by, under, or through Tenant to execute and deliver to Landlord such a waiver
of claims and tO obtain such waiver of subrogation rights endorsements.
ARTICLE 11
Compliance with Laws and Insurance Policies; Waiver of Relocation Rights
11.01 Except for changes in law and new laws after the date hereof which
require changes to the structural portions or roof of the Building (for which Landlord will be
responsible, subject to Section 5.01 hereof), in connection with its use and occupancy of the
Building and Land, Tenant, at its expense, shall promptly comply with all applicable present and
11087-0001\738812vi.doc -5- 6/30/2003 10:03 AM
future federal, state and local laws, ordinances and regulations and with all orders and rules of
governmental authorities having jurisdiction, including, without limitation, compliance with any
law, ordinance or regulation that requires alterations by Landlord or Tenant to the Building or
Land.
11.02 Landlord and Tenant shall not do, omit to do, or permit to be done any act
or thing in, on or about the Building or Land which will invalidate or be in conflict with any
requirement, covenant or condition of any casualty insurance policy covering part or all of the
Building, Land or the fixtures and property therein, or which will subject Landlord to any
uninsured liability to any person for personal injury, death or property damage.
11.03 AS USED HEREIN, THE PHRASE "RELOCATION RIGHTS,
BENEFITS, AND ASSISTANCE" SHALL MEAN ANY AND ALL RIGHTS TENANT MAY
NOW HAVE OR MAY HEREAF]?ER ACQUIRE WITH RESPECT TO THE LAND OR
BUILDING UNDER THE CALIFORNIA RELOCATION ASSISTANCE LAW
(C^! .~ORNIA GOVERNMENT CODE SECTIONS 7260, ET SEQ.) AND THE
CALIFORNIA RELOCATION ASSISTANCE GUIDELINES (CALIFORNIA CODE OF
REGULATIONS, TITLE 25, SECTIONS 6000 ET SEQ.). TENANT HEREBY EXPRESSLY
WAIVES (A) ANY AND AIJ. RELOCATION RIGHTS, BENEFITS, AND ASSISTANCE IT
MAY NOW HAVE OR TO WHICH IT MAY HEREAFTER BE ENTITLED (BY VIRTUE OF
THE TERMINATION OR EXPIRATION OF THIS LEASE AND TENANT'S RELOCATION
FROM THE DEMISED PREMISES, THE LANDLORD'S USE OF THE BUll.DING OR
LAND FOR A "PUBLIC PROJECT," THE LANDLORD'S ADOPTION OR APPROVAL OF
A "PUBLIC PROJECT" INVOLVING THE BUILDING OR THE LAND, OR OTHERWISE),
AND (B) ANY AND Al J. CLAIMS TENANT NOW OR MAY HEREAt'T~R HAVE FOR
SUCH RIGHTS, BENEFITS, AND ASSISTANCE. TENANT HEREBY RELEASES
LANDLORD FROM ANY AND AI J. OBLIGATIONS LANDLORD MAY HAVE TO
PROVIDE ANY RELOCATION RIGHTS, BENEFITS, OR ASSISTANCE, AND IN
CONNECTION THEREWITH, TENANT AGREES, REPRESENTS AND WARRANTS
THAT THE OBLIGATIONS AND CLAIMS RELEASED HEREIN SHAIJ~ NOT BE
LIMITED TO MATTERS KNOWN OR DISCLOSED, AND TENANT HEREBY WAIVES
AIJ. RIGHTS AND BENEFITS CONFERRED UPON IT BY SECTION 1542 OF THE
CAI JFORNIA CIVIL CODE AND All. FEDERAL AND STATE STATUTES AND CASES
TO THE SAME OR SIMILAR EFFECT.
SECTION 1542 OF THE CIVIL CODE READS AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE REI F. ASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIAl J.Y
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
IN WAIVING THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA
CIVIL CODE, TENANT ACKNOWLEDGES THAT IT MAY HEREAFrER DISCOVER
FACTS OR LEGAL RIGHTS lN ADDITION TO OR DIFFERENT FROM THOSE WHICH IT
NOW BELIEVES TO BE TRUE WITH RESPECT TO RELOCATION RIGHTS, BENEFITS,
AND ASSISTANCE, BUT AGREES THAT IT HAS TAKEN THAT POSSIBILITY INTO
11087-0001\738812vi.doc -6- 6/30/2003 10:03 AM
ACCOUNT AND THAT THE RELEASE HEREBY GIVEN SHALL BE AND REMAIN A
FULL AND COMPLETE GENERAL RELEASE OF THE CLAIMS AND OBLIGATIONS
DESCRIBED ABOVE, NOTWITHSTANDING THE DISCOVERY OR EXISTENCE OF ANY
ADDITIONAL OR DIFFERENT FACTS OR LEGAL RIGHTS.
TENANT HEREBY AGREES, REPRESENTS AND WARRANTS THAT IT
HAS READ AND FULLY UNDERSTANDS THE PROVISIONS OF THE FOREGOING
WAIVER AND RELEASE, THAT IT HAS HAD THE OPPORTUNITY TO SEEK ADVICE
OF COUNSEL IN NEGOTIATIONS REGARDING THIS LEASE AND THE PREPARATION
OF THE FOREGOING WAIVER AND RELEASE INCLUDING, WITHOUT LIMITATION,
THE MEANING AND EFFECT OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE,
AND THAT IT IS FULLY AWARE OF THE CONTENTS AND LEGAL EFFECT OF THE
WAIVER AND RELEASE CONTAINED HEREIN.
Tenant's Initials:
ARTICLE 12
Indemnity
12.01 Tenant shall defend, indemnify and hold Landlord, and its officers, agents
and employees, at Tenant's sole cost with counsel reasonably satisfactory to Landlord, from and
against any and all liabilities, losses, claims, damages, costs, expenses and causes of action on
account of any claim for relocation benefits, and any injury to or death of any person or any loss
of or damage to property occurring in, on or about the Building or Land at any time during the
term of this Lease, provided such injury, death, loss or damage is not caused by the intentional
misconduct or gross negligence of Landlord, its officers, agents or employees.
Agreement.
12.03 This Article 12 shall survive the expiration or termination of this Lease
ARTICLE 13
Landlord's Access to Demised Premises
Landlord and its employees, contractors, agents and authorized representatives
shall have the right to enter the Building or Land without the consent of Tenant at any time to
determine whether Tenant is complying with this Lease.
ARTICLE 14
Assignment, Subletting, etc.
Tenant shall not assign this Lease or sublet the Building or Land or any portion
thereof without Landlord's prior written consent in Landlord's sole and absolute discretion, [?]
11087-0001\738812vi.doc -7- 6/30/2003 10:03 AM
and in no event shall any approved assignment or subletting relieve Tenant of its obligations
under this Lease.
ARTICLE 15
Default and Remedies
15.01 The occurrence of any one of the following shall constitute an Event of
Default by Tenant under this Lease: (a) Tenant shall fail to pay the rent within five (5) business
days after Tenant receives written notice thereof from Landlord (provided, however, that the
notice requirement contained in this subsection (a) is not in addition to any legal requirement that
notice be given and may be satisfied by sending the notice required by any applicable law or
statute including, but not limited to, Section 1161 of the California Code of Civil Procedure);
(b) Tenant fails to give Landlord prior written notice as required in Article 14 above; or (c)
Tenant shall fail to perform or comply with any of the other covenants or conditions of this
Lease, and such failure is not cured within thirty (30) days after Tenant receives written notice
thereof from Landlord; provided, however, that if the failure to perform or comply cannot
reasonably be cured within thirty (30) days, Tenant shall not be in default if Tenant commences
to cure the failure to perform or comply within the thirty (30) day period and diligently and in
good faith continues to cure the same thereafter.
15.02 If Tenant commits an Event of Default, Landlord shall in addition to any
and all other rights and remedies which Landlord may have under this Lease, at law or in equity,
the remedies under Section 1951.2 of the California Civil Code (i.e., terminate this Lease and sue
for damages).
15.03 Except as expressly provided herein, the various rights, options, elections,
powers and remedies of Landlord contained in this Article shall not be deemed to be exclusive;
they are cumulative and in addition to any other remedies, rights or priorities contained
elsewhere in this Lease or now or later allowed by law or in equity.
ARTICLE 16
No Waiver
16.01 The failure of Landlord or Tenant to seek redress for violation of, or to
insist upon the strict performance of, any covenant or condition of this Lease shall not be deemed
a waiver by Landlord or Tenant of its right to such redress for a prior, concurrent or subsequent
violation of the same or to subsequently insist upon strict performance of any other covenant or
condition of this Lease. The receipt and acceptance by Landlord of rent with knowledge of any
preceding breach by Tenant of any covenant, term or condition of this Lease shall not be deemed
a waiver of such breach. No provision of this Lease and no default by Landlord or Tenant
hereunder shall be deemed to have been waived by the other party unless such waiver is in
writing and signed by the waiving party.
16.02 No payment by Tenant or receipt and acceptance by Landlord of a lesser
amount than the rent herein stipulated shall be deemed to be other than on account of the rent,
11087-0001\738812vl.doc -8- 6/30/2003 10:03 AM
nor shall any endorsement or statement on any check or any letter accompanying any check or
payment of the rent be deemed an accord and satisfaction, and Landlord may accept such check
or payment without prejudice to Landlord's right to recover the balance of such rent or pursue
any other right or remedy provided herein or at law or in equity.
ARTICLE 17
Litigation Expenses
In the event any action, suit or proceeding is commenced under or in connection
with this Lease the losing party shall pay to the prevailing party, and the prevailing party shall be
entitled to an award for, the reasonable amount of the attorneys' fees, court costs and other
litigation expenses incurred by the prevailing party in connection with such action, suit or
proceeding.
ARTICLE 18
Quiet Enjoyment
Landlord covenants and agrees with Tenant that, subject to Tenant's prompt
payment of the rent and observance and performance of all the terms, covenants and conditions
of this Lease on Tenant's part to be observed and performed, Tenant may peaceably and quietly
enjoy the Building and Land in accordance with the provisions of this Lease.
ARTICLE 19
Scholarships and Performances
Tenant shall provide at least (a) four (4) annual scholarships to residents of the
City of Temecula; and (b) six (6) annual performances to Landlord and/or the City of Temecula
at Landlord-sponsored or City-sponsored events free of charge.
ARTICLE 20
Damage and Destruction
20.01 Repair of Damage by Landlord. Tenant agrees to notify Landlord in
writing promptly of any damage to the Building resulting from fire, earthquake, or any other
event beyond Tenant's control ("Casualty"). If the Building is materially damaged by a
Casualty, or any areas providing access to the Building are damaged to the extent that Tenant
does not have reasonable access to the Building, or the Casualty results in the structural elements
of the Building not being sound or safe to occupy and use, or material damage to the Building
occurs in the last ninety (90) days of this Lease, then either Landlord or Tenant may terminate
this Lease by written notice to the other. In no event shall Landlord be obligated in any manner
whatsoever to repair any Casualty damage.
11087-0001\738812vi.doc =9- 6/30/2003 10:03 AM
20.02 Waiver of Statutory Provisions. The provisions of this Article 20
constitute an express agreement between Landlord and Tenant that applies in the event of any
Casualty to the Building or Land. Tenant and Landlord, therefore, fully waives the provisions of
any statute or regulation, including California Civil Code Sections 1932(2) and 1933(4), for any
rights or obligations concerning a Casualty.
ARTICLE 21
Eminent Domain
21.01 If the Building shall be taken by eminent domain or disposed of under
threat of an impending taking by eminent domain, by or to any public authority, this Lease shall
cease and terminate one (1) day prior to the date legal title to the Building shall vest in such
authority.
21.02 If only a portion of the Building is so taken or disposed of, Landlord or
Tenant may, at its option, terminate this Lease by giving written notice thereof to the other.
Landlord and Tenant each hereby waive the provisions of Section 1265.130 of the Code of Civil
Procedure of California, which allows either party to a lease to petition the Superior Court to
terminate the Lease in the event of a partial taking.
21.03 In any of the foregoing cases, Landlord shall be entitled to all
compensation and awards arising out of or in connection with such taking or disposition,
including any portion thereof attributable to the value of the leasehold estate, except that nothing
herein contained shall be deemed to prevent Tenant from recovering from the taking or acquiring
authority compensation for the taking of any personal property or fixtures belonging to it or for
interruption or damage to its business or for moving or other expenses, to the extent any of the
same are compensable by law.
ARTICLE 22
Notices
22.01 Any notice or communication which Landlord may desire or be required
to give to Tenant shall be, sent by registered or certified mail, return receipt requested, or by
Federal Express or any other nationally recognized overnight delivery service, addressed to
Tenant at the Building. Any notice or communication which Tenant may desire or be required to
give to Landlord shall be sent by registered or certified mail, return receipt requested, or by
Federal Express or any other nationally recognized overnight delivery service, addressed to
Landlord at Temecula Redevelopment Agency, 43200 Business Park Drive, Temecula,
California 92590, Attn: Executive Director, or at such other address or addresses as Landlord
shall designate by written notice to Tenant. All notices sent by mail shall be deemed given on the
date the return receipt is signed or delivery rejected by the addressee. Notice sent by Federal
Express or any other nationally recognized overnight delivery service shall be deemed to have
been duly given one (1) business day after delivery to the service prior to its deadline for
overnight delivery.
11087-0001\738812vi.doc -10- 6/30/2003 10:03 AM
ARTICLE 23
Miscellaneous
23.01 Words of any gender used herein shall include any other gender, and
singular words include the plural, and vice versa, and "person" includes persons, firms and
corporations and all other types of entities and organizations, unless in each case the sense
otherwise requires. The term "Landlord" as used herein shall mean only the owner of the
Demised Premises at the relevant time.
23.02 Neither this Lease nor any memorandum of this Lease shall be recorded.
23.03 Tenant, at any time and from time to time, at the written request of
Landlord, shall promptly execute, acknowledge and deliver to Landlord a certificate certifying
(a) that this Lease is unmodified and in full force and effect (or, if there have been modifications,
that the same is in full fome and effect as modified and stating the modifications); and (b) that
there are not then existing any offsets or defenses against the enforcement of any provision of
this Lease except as therein specified;
23.04 Time is of the essence of the notice requirements and the obligations of
the parties under this Lease.
23.05 If there are any covenants yet to be performed by Tenant as of the date of
expiration or termination of the term hereof, including, without limitation, the payment of Taxes
and Operating Costs and Rent under this Lease as of such date, such covenants shall survive the
expiration or termination of the term hereof whether or not they are then known or determined.
23.06 This Lease contains the entire agreement between the parties hereto with
respect to the subject matter hereof, and any purported agreement hereafter made shall be
ineffective to change, modify, discharge or effect an abandonment of it in whole or in part unless
such purported agreement is in writing and signed by the party against whom enfomement is
sought.
23.07 This Lease shall be governed and interpreted in accordance with the laws
of the state of California.
23.08 The unenforceability, invalidity or illegality of any provision of this Lease
Agreement shall not render the other provisions unenforceable, invalid or illegal.
23.09 The Article headings are inserted only as a matter of convenience and
reference and in no way define, limit or describe the scope of any Article of this Lease
Agreement nor the intent of any of its provisions.
23.10 Each party represents to the other that it has not engaged or used the
services of any broker, finder or salesperson in connection with this Lease.
23.11 This Lease may be executed in multiple counterparts each of which said
executed counterparts shall be deemed an original for all purposes.
11087~0001\738812v 1 .doc - 11 - 6/30/2003 10:03 AM
ARTICLE 24
Environmental Matters
24.01 As used in this Article, "Hazardous Substance" means any pollutant,
contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance,
noxious substance, toxic substance, flammable, explosive, radioactive material, urea
formaldehyde foam insulation, asbestos, PCBs, or any other substances the removal of which is
required, or the manufacture, production, generation, use, maintenance, disposal, treatment,
storage, transfer, handling or ownership of which is restricted, prohibited, regulated or penalized
by any federal, state, county, or municipal statutes or laws now or at any time hereafter in effect,
including but not limited to, the Comprehensive Environmental Response, Compensation, and
Liability Act (U.S.C. "9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C.
"1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. "6901 et seq.), the
Federal Water Pollution Control Act (33 U.S.C." 1251 et seq.), the Clean Air Act (42 U.S.C.
"7401 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. "2601 et seq.), and
the Occupational Safety and Health Act (29 U.S.C. "651 et seq.), as these laws have been
amended or supplemented.
24.02 Tenant shall not use, or permit others to use the Building or any Land for
the production, generation, manufacture, treatment, transportation, storage or disposal of any
Hazardous Substance, whether or not in compliance with any and all applicable federal, state and
local environmental laws, ordinances and regulations. Provided however, Tenant, without
Landlord's prior written consent, shall be allowed, (in strict compliance with all laws), to utilize
ordinary quantities of Hazardous Substances customarily used in general office use and in
compliance with the use of the Demised Premises allowed herein (i.e. cleaning supplies, copier
toner and similar items). Tenant shall immediately notify Landlord in writing of (i) any release or
discharge by Tenant or any other occupant of the Building or Land (or alleged release or
discharge) of a Hazardous Substance, or (ii) of any notice of violation or alleged violation of any
law regarding any Hazardous Substance received by Tenant or any other occupant of the
Building or Land.
24.03 Tenant shall indemnify, defend and hold Landlord its officers, tenants and
employees harmless, from and against any and all claims, damages, expenses, penalties,
liabilities and costs, resulting or arising from a breach of the covenant contained above.
24.04 The provisions of this Article shall survive the expiration or termination of
this Lease.
11087-0001\738812v I .doc - 12- 6/30/2003 10:03 AM
IN WITNESS WHEREOF, and intending to be legally bound hereby, Landlord
has caused this Building Lease to be executed on its behalf by a duly authorized officer, and
Tenant has caused this Building Lease to be executed on its behalf by a duly authorized member
or managing member, as applicable, of Tenant, as of the day and year first written above.
LANDLORD:
TEMECULAREDEVELOPMENTAGENCY,
apublicbody, co~orateandpolitic
By:.
Name:
Title:
ATTEST:
(SEAL)
APPROVED AS TO FORM:
Assistant Agency Attorney
TENANT:
a
By:
Name:
Title:
11087-0001\738812vi.doc - 13- 6/30/2003 10:03 AM
TEMECULA PUBLIC
FINANCING AUTHORITY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
JUNE 24, 2003
A regular meeting of the City of Temecula Public Financing Authority was called to order at
7:35 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT: 4 AGENCY MEMBERS: Comerchero, Naggar, Pratt,
and Stone
ABSENT: 1 AGENCY MEMBER: Roberts
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of May 13, 2003.
MOTION: Agency Member Naggar moved to approve Consent Calendar Item No. 1. The
motion was seconded by Agency Member Comerchero and voice vote reflected approval with
the exception of Agency Member Roberts who was absent.
PUBLIC HEARING
2 Formation of Community Facilities District No. 01-3 (Wolf Creek) and Amendment of
of Resolution of Intention to form the District
(Continued from May ~13, 2003)
RECOMMENDATION:
2.1 Continue the public hearing to the meeting of July 8, 2003.
At this time, the public hearing was opened.
MOTION: Agency Member Naggar moved to continue the matter to the meeting of July 8,
2003. The motion was seconded by Agency Member Comerchero and voice vote reflected
approval with the exception of Agency Member Roberts who was absent.
R:minutes.tpfa\051303 1
AUTHORITY BUSINESS
Approval of Issuance of Bonds for Temecula Public FinancinR Authority Community
Facilities District No. 03-1 (Crewne Hill)
(Continued from May 13, 2003)
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 03-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE ISSUANCE OF SPECIAL TAX BONDS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY FOR
TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY
FACILITIES DISTRICT NO. 03-'1 (CROWNE HILL) APPROVING
AND DIRECTING THE EXECUTION OF A FISCAL AGENT
AGREEMENT AND APPROVING OTHER RELATED
DOCUMENTS AND ACTIONS
City Attorney Thorson reviewed the staff report (of record), advising that this final action will
include approval of the Fiscal Agent Agreement, approval of the Preliminary Official Statement,
and approval of the Bond Purchase Agreement and noting that the amount of bonds will not
exceed a maximum principle amount of $25 million to be issued in two separate series.
For Agency Member Stone, City Attorney Thorson clarified that the proposed bond issuance
has no affect on the City's General Fund and that it will only affect the specific area within the
tract and that the landowners have voted to approve the proposed Special Tax Bonds.
MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 3. The
motion was seconded by Agency Member Naggar and voice vote reflected approval with the
exception of Agency Member Roberts who was absent.
EXECUTIVE DIRECTOR'S REPORT
No comment.
BOARD OF DIRECTORS' REPORTS
No comments.
R:minutes.tpfa\051303 2
ADJOURNMENT
At 7:39 P.M., the Temecula Public Financing Authority meeting was formally adjourned.
ATTEST:
Jeffrey E. Stone, Chairman
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:minutes.tpfa\051303 3
ITEM 2
APPROVAL
CITY ATTORNEY
DIR. OF FINANCE
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
Executive Director/Authority Members
Genie Roberts, Director of Finance ~
July 8, 2003
Authorization of Special Tax Levy in Community Facilities Services District No. 01-2
(Harveston)
PREPARED BY: Karen Jester, Assistant Finance Directo,~
RECOMMENDATION:
That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 2003-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL
TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON)
BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created
pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula
Redevelopment Agency to assist in the refinancing of the Winchester Hills CFD 98-1. The
Winchester Hills 98-1 CFD was originally established to refinance delinquent assessments and to
prepay and discharge all future assessment liens on properties within the District levied by the
County of Riverside acting through its Assessment District 161 and Assessment District 156. On
December 11, 2001 the Authority adopted two resolutions of intention relative to a proposed
community facilities district (the "District"). The resolutions of intention called for public hearings on
the formation of the District, the levy of special taxes therein and the issuance of bonded
indebtedness for the District. On March 26, 2002, resolutions were adopted forming the District and
declaring the necessity to incur bonded indebtedness.
On August 13, 2002 the Authority Board of Directors approved a resolution authorizing the issuance
of special tax bonds. On August 28, 2002 special tax bonds in the amount of $17,310,000 were
issued. The proceeds of the bonds were applied to the pay the redemption price of $11,025,000 of
the 1998 Winchester Hills bonds and to establish an escrow fund for the payment of $560,000 of the
1998 bonds on their sinking fund payment dates or maturity date. The bonds are special, limited
obligations of the Authority secured solely by the special taxes levied in the District and a letter of
credit provided by the developer. The special tax levy as calculated by Albert Webb Associates,
special tax consultant, required for the 2003-04 fiscal year is $795,458.81, which is the sum of CFD
01-2 A & B (as noted in exhibits).
FISCAL IMPACT: The calculated special tax levy required for the 2003-04 fiscal year is
$795,458.81.
Attachments:
-Special Tax Calculation Worksheet
-Resolution No. TPFA 2003-
RESOLUTION NO. TPFA 03-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 01-2 (HARVESTON)
WHEREAS, the Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 01-2 (Harveston) (the "CFD"), created pursuant to the Mello-
Roos Community Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 02-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax
assessment on the property located within the CFD; and
WHEREAS, the Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority, acting as the legislative body for Community Facilities District No.
01-2 (Harveston) as follows:
Section 1. Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance
No. TPFA 02-01, there is to be levied an aggregate special tax of $795,458.81 on the taxable
parcels located in the CFD for Fiscal Year 2003-04 as set forth on a magnetic tape to be
provided by Albert A. Webb Associates to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount
previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not
in excess of that previously approved by the qualified electorate of the CFD.
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in
part, the costs of the following items:
Payment of principal and interest on the outstanding authorized bonded
indebtedness.
Replenishment of the required bond reserve funds, or other reserve
funds, if necessary.
Payment of the administrative costs and incidental expenses of the CFD,
as provided in Resolution No. TPFA 02-03 the indenture of trust for the
CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for
any other purpose.
Section 5. The Auditor-Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in
accordance with this resolution for each lot or parcel of land affected in a space marked "CFD
No. 01-2 (Harveston)" on the next County assessment roll on which taxes will become due.
R:FFPFA Resos 2003/TpFA 03-__ 1
Section 6. The County Auditor-Controller shall, at the close of the tax collection
period, promptly render to the CFD a detailed report showing the amounts of the special tax
installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 7. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2003.
ATTEST:
Jeffrey E. Stone, Chairperson
Susan W. Jones, CMC
City Clerk/Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of
Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the
8th day of July, 2003, by the following vote of the Board of Directors:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN:
DIRECTORS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
R:/TPFA Resos 2003/TPFA 03-- 2
March 2004 Interest
September 2004 Interest
September 2004 Principal
Total Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Surplus/(Deficit)
Reserve Adjustment
Earnings Credit
Total Obligation
Bonds Outstanding $17,310,000.00
Delinquency Rate for Fiscal Year 2000-01 0.00%
Delinquency Rate for Fiscal Year 2001-02 0.00%
Delinquency Rate for Fiscal Year 2002-03
1.26%
$310,128.81
Avg. Interest
$310,128.81
$0.00
$o.oo
$o.oo
$310,128.81
$129,825.00
$130,610.16
($785.16)
$o.oo
Fiscal Agent
Tax Consultant (Webb)
Auditor -Controller
Standard & Poors
Rebate Calculation
Remarking Fee
Foreclosure Counsel
Letter of Credit Fee
District Administration
Total Administration
Total Obligation
Total Administration
Total Requirement
Administration % of Levy
District % of
FY 2002-03 Levy
Difference
FY 02-03
Actual
$4,500.00
0.09% St 1,780.26
1.25%
$10,000.00
$26,280.26
$310,128.81
$279,054.00
$589,182.81
$893,468.90
-$304,286.09
FY2003-2004
Levy
$8,000.0O
$10,000.00
$100.00
$3,500.00
$500.00
$15,579.00
$o.oo
$2t6,375.00
$25,000.00
$279,054.00
47.36%
4.24%
Service provided
City Administration
Total Administration
Prior Year
Actual
$0.00
$0.00
$0.00
Current Year
Levy
$196,776.00
$9,500.00
$206,276,00
Prior Year Annual Amount
Authorized annual increase
Maximum Special Tax B
$206,276.00
1.00%
$208,338.76
FY 2002-03 Levy $0.00
Difference $206,276.00 0.00%
ITEM 3
APPROVAL
CITY ATTORNEY
DIR. OF FINANCE ~__
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
Executive Director/Authority Members
Genie Roberts, Director of Finance ~
July 8, 2003
Authorization of Special Tax Levy in Community Facilities Services District No. 03-1
(Crowne Hill)
PREPARED BY: Karen Jester, Assistant Finance Director, r~
RECOMMENDATION:
That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 2003-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL
TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL)
BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created
pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula
Redevelopment Agency. On January 28, 2003 the Authority adopted two resolutions of intention
relative to a proposed community facilities district (the "District"). The resolutions of intention called
for public hearings on the formation of the District, the levy of special taxes therein and the issuance
of bonded indebtedness for the District. On March 25, 2003, resolutions were adopted forming the
District and declaring the necessity to incur bonded indebtedness.
On June 24, 2003 the Authority Board of Directors approved a resolution authorizing the issuance of
special tax bonds. On July 24, 2003 special tax bonds in the amount of $12,500,000 will be issued.
The proceeds of the bonds will be used to eliminate a County special assessment lien on the land in
the CFD and to finance various public improvements specified in the CFD proceedings. The bonds
are special, limited obligations of the Authority secured solely by the special taxes levied in the
District and a letter of credit provided by the developer. The maximum special tax levy as calculated
by Albert Webb Associates, special tax consuttant, required for the 2003-04 fiscal year ~s
$892,143.96.
FISCAL IMPACT: The calculated maximum special tax levy required for the 2003-04 fiscal year
is $892,143.96.
Attachments:
-Special Tax Calculation Worksheet
-Resolution No. TPFA 2003-
RESOLUTION NO. TPFA 03-._
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
WHEREAS, the Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), created pursuant to the Mello-
Roos Community Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 03-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax
assessment on the property located within the CFD; and
WHEREAS, the Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority, acting as the legislative body for Community Facilities District No.
03-1 (Crowne Hill) as follows:
Section 1. Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance
No. TPFA 03-01, there is to be levied an aggregate special tax of $892,143.96 on the taxable
parcels located in the CFD for Fiscal Year 2003-04 as set forth on a magnetic tape to be
provided by Albert A. Webb Associates to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount
previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not
in excess of that previously approved by the qualified electorate of the CFD.
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in
part, the costs of the following items:
Payment of principal and interest on the outstanding authorized bonded
indebtedness.
Replenishment of the required bond reserve funds, or other reserve
funds, if necessary.
Payment of the administrative costs and incidental expenses of the CFD,
as provided in Resolution No. TPFA 03-05 the indenture of trust for the
CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for
any other purpose.
Section 5. The Auditor-Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in
accordance with this resolution for each lot or parcel of land affected in a space marked "CFD
No. 03-1 (Crowne Hill)" on the next County assessment roll on which taxes will become due.
R:/'rPFA Resos 2003/TPFA 03-__ I
Section 6. The County Auditor-Controller shall, at the close of the tax collection
period, promptly render to the CFD a detailed report showing the amounts of the special tax
installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 7. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2003.
ATTEST:
Jeffrey E. Stone, Chairperson
Susan W. Jones, CMC
City Clerk/Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO
CERTIFY that the foregoing Resolution No. TPFA 03-__ was duly adopted at a special meeting
of the Board of Directors of the Temecula Public Financing Authority on the 8th day of July,
2003, by the following vote:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT:
DIRECTORS:
ABSTAIN:
DIRECTORS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
R:/TPFA Resos 2003/TPFA 03-__ 2
March 2004 Interest
September 2004 Interest
September 2004 Principal
Total Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Surplus/(Deficit)
Reserve Adjustment
Earnings Credit
Total Obligation
Bonds Outstanding $11,985,000.00
Delinquency Rate for Fiscal Year 2000-01 0.00%
Delinquency Rate for Fiscal Year 2001-02 0.00%
Delinquency Rate for Fiscal Year 2002-03 0.00%
$370,271.98
$370,271.98
$120,000.00
$860,543.96
$0,00 $0.00
$0.00 $0.00
$0.00
$860,543.96
$740,543.96
Fiscal Agent
Tax Consultant (Webb)
Auditor -Controller
Foreclosure Counsel
District Administration
Total Administration
Total Obligation
Total Administration
Total Requirement
Administration % of Levy
District % of Levy
FY 2002-03 Levy
Difference
$860,543.96
$31,600.00
$892,143.96
$0.00
$892,143.96
FY2003-2004
Levy
$5,000.00
$8,500.00
$100.00
$0.00
$18,000.00
$31,600.00
3.54%
2.02%
ACCOUNT DESCRIPTION
Special Fund
City Construction Fund
Prepayment Account
Cap Interest Fund
Construction Account
Redemption Fund
Cost of Issuance
Interest Differential Account
Interest Account
Principal Account
Administrative Account
Earnings Fund
Rebate Fund
Subtotal
Total Funds Available
Collection
Subtotal
Funds Needed for Sept. P & I
Projected Admin Transfer
Other Soures:
Reserve Fund
Total of Other Sources
ACCOUNT FUNDS
BALANCE AVAILABLE
Asof5~0/03 FOR SEPT P &l
$0.00
$0.00 $0.00
$0.00
$o.oo
$o.oo
$0.00
$o o:oI
$0,00
$0.00
ITEM 4
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE ~
CITY MANAGER "~ ~
CITY OF TEMECULA
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
Temecula Public Financing Authority
Executive Director Shawn Nelson
July 8, 2003
Abandonment of Prior Proceeding and Formation of New Community Facilities
District - Wolf Creek
RECOMMENDATION:
BACKGROUND:
hearing be continued.
Continue the public hearing to the meeting of July 22, 2003.
Due to ongoing discussions, it is recommended that this public
ITEM 18
APPROVAL ~,~
CITY ATTORNEY /~ "'"'~"'/ .
DIRECTOR OF FIN~N~E~
CITY MANAGER ~ '~'
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/Cit~'~il
Debbie Ubnoske~i-]girector of Planning
July 8, 2003
Linfield School Master Plan, Zone Change (PA02-0612); Conditional Use Permit
and Development Plan (PA01-0653)
PREPARED BY:
Dan Long, Associate Planner
RECOMMENDATION: The Planning Commission recommends that the City Council
1. Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM,
FOR THE LINFIELD SCHOOL MASTER PLAN, GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST OF MARGARITA ROAD AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSORS
PARCEL NO. 955-002-002
2. Adopt an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-7), AND ADOPTING
SECTIONS 17.22.180 THROUGH 17.22.188 OF THE
MUNICIPAL CODE INCLUDING THE PDO TEXT AND
DEVELOPMENT STANDARDS, GENERALLY LOCATED
NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD,
EAST OF MARGARITA ROAD AND WEST OF MEADOWS
PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 955-
002-002
R:\P D O~00~\02-0612 Linfield~CC Staff Report-1 .doc
3. Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0653, A CONDITIONAL USE PERMIT TO ESTABLISH A
MASTER PLAN AND DESIGN GUIDELINES FOR A PRIVATE
SCHOOL COMPLEX, ATHLETIC FIELDS AND RELATED
FACILITIES, AND FUTURE RESIDENTIAL AREA FOR UP TO
26 RESIDENTS ON A 94 ACRE SITE, GENERALLY LOCATED
BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST
OF MEADOWS PARKWAY AND EAST OF MARGARITA ROAD
AND KNOWN AS ASSESSORS PARCEL NO. 955-002-002
4. Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0653, A DEVELOPMENT PLAN APPLICATION FOR PHASE A-1
OF THE LINFIELD SCHOOL MASTER PLAN INCLUDING A
TWO STORY HIGH SCHOOL BUILDING TOTALING
APPROXIMATELY 38,358 SQUARE FEET AND AN
APPROXIMATELY 9,728 SQUARE FOOT ONE STORY
ADMINISTRATIVE OFFICE BUILDING, GENERALLY LOCATED
BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST
OF MEADOWS PARKWAY AND EAST OF MARGARITA ROAD
AND KNOWN AS ASSESSORS PARCEL NO. 955-002-002
BACKGROUND:
The application consists of the following:
· Zone Change:
· Conditional Use Permit:
· Development Plan:
Public Institutional (PI) to Planned Development Overlay
(PDO-7)
A Master Plan and Design Guidelines
Phase A-1 of the Master Plan, including a 38,358 square
foot high school building and a 9,728 square foot
administrative office building
DISCUSSION:
STAFF ANALYSIS
Staff forwarded a recommendation of approval to the Planning Commission based on the
following analysis:
R:\P D O~002\02-0612 Linfield~CC Staff Report-I .doc
2
Zone Chanqe
The proposed land use change from PI to PDO and the related use matrix to permit student
and/or faculty housing is consistent with the General Plan. The use matrix within the PDO
document is similar to the uses permitted under the PI zone, however the primary change is the
addition of residences as a permitted use. The housing portion of the project functions as a
secondary use to the primary educational facility.
Conditional Use Permit
The proposed Master Plan provides a long term "blueprint" for the project site, including design
guidelines and is compatible with the surrounding land uses. The educational facility is
permitted in the PI zone with the approval of a Conditional Use Permit. The design guidelines
provide a common design theme to promote visual compatibility throughout the project site.
Development Plan
Phase A-1 of the Master Plan includes a high school building and an administrative office
building. Phase A-1 is in conformance with the current General Plan and PDO development
standards. As subsequent phases are proposed, an administrative development plan will be
required for approval.
Environmental Review
An Initial Study was prepared and staff determined that with mitigation measures ~ncorporated
with the Conditions of Approval, the project would not have a significant impact on the
environment. Therefore adoption of a Mitigated Negative Declaration and Mitigation Monitoring
program is recommended.
PLANNING COMMISSION ANALYSIS
The Planning Commission concurred with the staff recommendation and determined that the
proposed zone change is consistent with the General Plan. The Master Plan includes uses that
are permitted in the current zoning district (PI), and the PDO provides flexibility to permit up to
28 total residential units as a support use. The residential portion of the project will function as a
secondary use to the educational facility because the residential units may not be sold or
subdivided into individual units. In addition, the provision to allow for faculty and/or student
housing will reduce vehicle trips on public streets.
Questions raised by the Planning Commission included whether they should take a position on
the Mitigated Negative Declaration and Mitigation Monitoring Program prior to the closing of the
public comment period. The Assistant City Attorney responded that the Planning Commission is
only making a recommendation to the City Council and the public comment period will be closed
at the time the City Council takes action. Questions were also raised in regards to the
architecture and roofline of the Development Plan Application. Staff provided additional
architectural elevations that show variations in the roofline submitted by the applicant to clarify
the questions raised. The Planning Commission voted 3-0 (one abstaining and one absent),
recommending City Council approval.
R:\P D O~2002\02-0612 Linfield~CC Staff Report-l.doc
3
PUBLIC COMMENTS
The Planning Commission conducted a public hearing on May 21, 2003 to consider the
application. Numerous students, family members and citizens in the vicinity of the Linfield
Christian School spoke in favor of the proposed project. Staff has not received any formal letters
voicing opposition of the project. Attached are letters received by staff supporting the proposed
project.
R:\P D O~002\02-0612 Linfiel~CC Staff Report-I .doc
4
Ji
II
II
II
II
~IG$,,h
Ill
,i
I
Ii
!!
ii
--
t!1
ATTACHMENTS:
1. Draft Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring
Plan
2. Draft Ordinance approving a Zone Change
3. Draft Resolution approving a Conditional Use Permit
4. Draft Resolution approving a Development Plan
5. Adopted Planning Commission Resolutions
6. Draft Excerpt, Planning Commission Minutes (May 21, 2003)
7. Planning Commission Staff Report and Exhibits (May 21,2003)
8. PDO-7 Text
9. Master Plan and Design Guidelines
10. Letters of support
R:\P D O~002\02-0612 Linfielo~CC Staff Report-1 .doc
5
ATTACHMENT NO. 1
DRAFT RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN
R:\P D O~002\02-0612 Linfield\CC Staff Report-l.doc
6
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM,
FOR THE LINFIELD SCHOOL MASTER PLAN, GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST MARGARITA ROAD AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSORS
PARCEL NO. 955-002-002.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. Karen Raffery, Linfield Christian School, filed Planning Applications No. PA02-
0612 Zone Change and PA01-0653 Development Plan and Conditional Use Permit, located
between Rancho Vista Road and Pauba Road, west of Meadows parkway and east of Margarita
Road, known as Assessor's Parcel No. 955-002-002 ("Project").
B. The applications for the Project were processed and an environmental review
was conducted as required by the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held a duly noticed public
hearing on May 21,2003 to consider the application for the Project.
D. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2003-031 recommending approval of a Mitigated Negative Declaration and
Mitigation Monitoring Plan for the Project.
E. On July 8, 2003, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
F. On July 8, 2003, the City Council of the City of Temecula approved a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted
Resolution No. 03- , which was prepared pursuant to CEQA Guidelines Section 15072.
Section 2.
findings:
The City Council of the City of Temecula hereby makes the following
A. Pursuant to California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of
the proposed Project. Based upon the findings contained in that Study, City staff determined
that there was no substantial evidence that the project could have a significant effect on the
environment and a Mitigated Negative Declaration has been prepared. A copy of the Initial
Study, Negative Declaration, and Mitigation Monitoring Program are attached hereto as Exhibit
"A" and incorporated herein by reference.
R:\P D O~2002\02-0612 Linfield\CC Reso Mitigated Neg Dec.doc
1
B. Thereafter, City staff provided public notice of the public comment period and of
the intent to adopt the Mitigated Negative Declaration as required by law and copies of the
documents have been available for public review and inspection at the offices of the Department
of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, Ca.
92589.
C. The City Council reviewed the Mitigated Negative Declaration and all comments
received regarding the Mitigated Negative Declaration. The Project and the Mitigated Negative
Declaration were discussed at a public hearing of the City Council held on July 8, 2003.
D. The Mitigated Negative Declaration was prepared in compliance with CEQA
E. There is no substantial evidence that the Project, as conditioned, will have a
significant effect on the environment.
F. The Mitigated Negative Declaration reflects the independent judgment and
analysis of the City Council.
G. The Mitigation Monitoring Plan set forth in the Mitigated Negative Declaration has
been prepared in accordance with law.
Section 3. The City Council of the City of Temecula hereby approves the Mitigated
Negative Declaration for the Project and approves the Mitigation Monitoring Program for the
Project as set forth on Exhibit A, attached hereto, and incorporated herein by this reference
together with any and all necessary conditions that may be deemed necessary.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2003
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\P D O~002\02-0612 Linfield\CC Reso Mitigated Neg Dec.doc
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8~h day of July, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\P D O~002\02-0612 Linfiel~CC Reso Mitigated Neg Dec.doc
3
EXHIBIT A
INITIAL STUDY
NEGATIVE DECLARATION
MITIGATION MONITORING PROGRAM
R:\P D O~002\02-0612 Linfiel~CC Reso Mitigated Neg Dec.doc
4
City of Temecula
Planning Department
Notice of Intent to Adopt a Mitigated Negative Declaration
PROJECT:
APPLICANT:
LOCATION:
DESCRIPTION:
PA01-0653
PA02-0612
Master CUP/Development Plan
Zoning Amendment for a Planned Development Over[ay (PDO-7)
The Linfield Christian School, 31950 Pauba Road, Temecula, CA 92593
31950 Pauba Road; north side of Pauba Road, south side of Rancho Vista Road,
west of Meadows Parkway and east of Margarita Road, Assessor's Parcel
Numbers 955-002-002.
PA01-0653 proposes a (Master) Conditional Use Permit/Development Plan
application. The Master CUP application applies to the overall project and phasing.
In addition, the Master CUP establishes design guidelines and provides a
"blueprint" for future site layout. The overall proposal includes 120,374 square feet
of new high school facilities, 11,243 square feet of new middle school facilities,
9,100 square feet of new elementary school facilities, 19,000 square feet of new
kindergarten and pre-school facilities, one new junior varsity baseball field, one
new middle school soccer field, one new football/track stadium, 6 new tennis
courts, 3 new outdoor ball courts, 10,189 square feet of middle school lockers,
courts and student store, 28,114 square foot gymnasium and pool, and 15,000
square feet of various sports and accessory structures. The project also includes a
sensitive resource area proposed for preservation.
The development plan proposal is for the design of phase A-1 as outlined in the
Master CUP document. The Master CUP establishes the overall site into 3
planning areas. Area lA is broken down into various phases beginning with phase
A-1 (High School) to phase F-2 (Superintendent/Caretaker housing).
PA00-0139 proposes a Zoning Amendment from Public Institutional to a Planned
Development Overlay (PDO-7) which will allow for a mix of uses on 93.77 acres
including educational, recreational, institutional and residential facilities.
The City of Temecula intends to adopt a Mitigated Negative Declaration for the project described above.
Based upon the information contained in the attached Initial Environmental Study and pursuant to the
requirements of the California Environmental Quality Act (CEQA); it has been determined that this project
as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the
Planning Commission intends to recommend that approval to City Council to adopt a Mitigated Negative
Declaration for this project.
The mitigation measures required to reduce or mitigate the impacts of this project on the environment are
included in the project design, conditions of approval and/or the Mitigation Monitoring Program which is
attached to this notice will be included as part of the Mitigated Negative Declaration for this project.
R:',P D 0~2002\02-0612 L~nfield\Notice of Intent,doc
The Comment Period for this proposed Negative Declaration is April 28, 2003 to May 27, 2003. Written
comments and responses to this notice should be addressed to the contact person listed below at the
following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at
43200 Business Park Drive.
The public notice of the intent to adopt this Mitigated Negative Declaration is provided through:
X The Local Newspaper. ~ Posting the Site. __X Notice to Adjacent Property Owners.
If you need additional information or have any questions concerning this project, please contact (Name
and Title) at (909) 694-6400.
Prepared by:
(Signature)
Dan Long, Associate Planner .
(Name and Title)
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Vi¢inity Map
R:h° D O\2002\02-0612 Linfield'd'.lotice of Intent.doc
3
City of Temecula
Planning Department
Agency Distribution List
PROJECT:
Planning Application No. PA01-0653 Master CUP/Development Plan
Planning Application No. PA02-0612 Zoning Amendment for a Planned Development
Overlay (PDO-7)
DISTRIBUTION DATE: April 28, 2003
CASE PLANNER: Dan Long
CITY OF TEMECULA:
Building & Safety ..................................... (X)
Fire Department ...................................... (X)
Police Department .................................. ( )
Parks & Recreation (TCSD) .................... (X)
Planning, Advance .................................. ( )
Public Works ........................................... (X)
STATE:
Caltrans ................................................... (X)
Fish & Game ........................................... (X)
Mines & Geology ..................................... ( )
Regional Water Quality Control Bd ......... (X)
State Clearinghouse ............................... (X)
State Clearinghouse (15 Copies) ............ (X)
Water Resources .................................... ( )
FEDERAL:
Army Corps of Engineers ........................ (X)
Fish and Wildlife Service ......................... (X)
........ ()
REGIONAL:
Air Quality Management District .............. (X)
Western Riverside COG .........................( )
CITY OF MURRIETA:
Planning .................................................. ( )
R:kP D Ok2002\02-0612 LinfieldkNotice of Intent.doc
RIVERSIDE COUNTY:
Clerk and Recorder's Office .................... (X)
Airport Land Use Commission ................. ( )
Engineer .................................................. ( )
Flood Control .......................................... (X)
Health Department ................................. (X)
Parks and Recreation .............................. ( )
Planning Department ............................... ( )
Habitat Conservation Agency (RCHCA). (X)
Riverside Transit Agency ........................ (X)
.......
UTILITY:
Eastern Municipal Water District ............. (X)
Inland Valley Cablevision ........................ (X)
Rancho CA Water District, Will Serve .... (X)
Southern California Gas ......................... (X)
Southern California Edison ..................... (X)
Temecula Valley School District ............. (X)
Metropolitan Water District ..................... (X)
OTHER:
Pechanga Indian Reservation ................. (X)
Eastern Information Center ....................(X)
Local Agency Formation Comm .............. ( )
RCTC ...................................................... ( )
Homeowners' Association .......................... ( )
City of Temecula
Plannin De artment Notice of Completion
SCH# 2003041174
Project Title: Planning Applications Nos. PA02-0612 a Zone Change/Planned Contact Person: Dan Long
Development Overlay and PA01-0653 is a Conditional Use Permit/Development Plan Title: Associate Planner
Lead Agency: City of Temecula
Street Address: 43200 Business Park Drive Phone: (909) 694-6400
City: Temecula, CA Zip: 92590
Project Location Within 2 miles
CityofTemecula, Riverside County StateHwy#: Interstate 15, Highway79
Cross Streets: Located between Rancho Airports: n/a
Vista Road and Pauba Road, west of Waterways: n/a
Meadows Parkway and approximately Railways: None
1000 feet east of Margarita Road Schools: Paloma Elementary, Sparkman Elementary, Temecula Valley High
School, Margarita Middle School, Temecula Elementary School, Vail Elementary
Assessor's Parcel No.: 955-002-002 School
Total Acres: 94
CEQA Document Type
[ ]NOP IX]Negative Declaration [ ]Supplement EIR [ ]EIR (Prior SCH #).
[ [Early Consultation [ ]Draft E1R [ ]Subsequent EIR [ ]Other
Local Action Type
[ ]General Plan Update [ ]Specific Plan [X]Rezone [ ]Annexation
[ ]General Plan Amendment [ ]Master Plan [ ]Prezone [ ]Redevelopment
[ ]General Plan Element [ ]Planned Unit Development [X]Use Permits [ ]Coastal Permit
[ ]Community Plan [X]Site Plan/Plot Plan [ ]Subdivision of Land [ ]City Development Project
[ ]Other
Development Type
[X]Residential: Units 26 Acres 9.81 [ ]Water Facilities: Type MGD
[ ]Office: Sq.ft. Acres__ Employees [ ]Transportation Type_
[ ]Commercial: Sq.ft. Acres_ Employees [ ]Mining: Mineral
[ ]Industrial: Sq.ft. Acres__ Employees [ ]Power: Type
[X]Educational: private school, athletic fields/facilities [ ]Waste Treatment: Type
[ ]Recreational: [ ]Hazardous Waste: Type
[X]Other: Planned Development Overlay, school, athletic facilities with secondary student/faculty housing
Project Issues Discussed in Document
[ ]Aesthetic/Visual [ ]Flood Plain/Flooding [ ]Schools/Universities [ ] Water Quality
[ ]Agricultural Land [ ]Forest Land/Fire Hazard [ ]Septic Systems [ ]Water supply/groundwater
[ ]Air Quality [ ]Geologic/Seismic [ ]Sewer Capacity [X]Wetland/Riparian
[X]Archeological/Historical [ ]Minerals [ ]Soil Erosion/Compaction/Grad [X]Wildlifa
[ ]Coastal Zone [X]Noise [ ]Solid Waste [ ]Growth Inducing
[ ]Drainage/Absorption [ ]PopulationPrtousing Balances[ ]Toxic/Hazardous [ ]Land Use
[ ]Economic/Jobs [ ]Public Services/Facilities [X]Traffic/Circulation [X]Cumulative Effects
[ ]Fiscal [ ]Recreation/Parks [ ]Vegetation [ ]Other: Light & Glare
Present Land Use: Private school and athletic fields
Current Zoning: Public Institutional (PI)
General Plan Use: Public Institutional (PI)
Project Description: PA02-0612 is a Planned Development Overlay (PDO-7) proposal to modify th~ land use standards to allow
for a mix of uses on 93.77 acres including educational, recreational, institutional and residential facilities.
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PA01-0653 is a (Master) Conditional Use Permil/Development Plan application. The Master CUP
application applies to the overall project and phasing. In addition, the Master CUP establishes design
guidelines and provides a "blueprint" for future site layout. The overall proposal includes 120,374 square
feet of new high school facilities, 11,243 square feet of new middle school facilities, 9,100 square feet of
new elementary school facilities, 19,000 square feet of new kindergarten and pre-school facilities, one new
junior varsity baseball field, one new middle school soccer field, one new football/track stadium, 6 new
tennis courts, 3 new outdoor ball courts, 10,189 square feet of middle school lockers, courts and student
store, 28,114 square foot gymnasium and pool, and 15,000 square feet of various sports and accessory
structures. The project also includes a sensitive resource area proposed for preservation.
The development plan proposal is for the design of phase A-1 as outlined in the Master CUP document.
The Master CUP establishes the overall site into 3 planning areas. Area lA is broken down into various
phases beginning with phase A-i (High School) to phase F-2 (Superintendent/Caretaker housing).
Mail to: State Clearinghouse, 1400 Tenth Street, Sacramento, CA 95814 (916) 445-0613
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2
REVIEWING AGENCIES CHECKLIST
KEY
S=Document sent by lead agency
X=Document sent by SCH
T=Suggested distribution
__ Resources Agency
__ Boating/Waterways
Coastal Commission
__ Coastal Conservancy
Colorado River Board
Conservation
Fish and Game
Forestry
T Office of Historic Preservation
Parks and Recreation
Reclamation
__ S.F. Bay Conservation & Development Commission
Water Resources (DWR)
Business, Transportation, & Housing
Aeronautics
__ California Highway Patrol
Caltrans District No. 8
__ Department of Transportation Planning (Headquarters)
__ Housing & Community Development
Other
State & Consumer Services
General Services
__ OLA (Schools)
Environmental Affairs
Air Resources Board
__ APCD/AQMD
California Waste Management Board
T SWRCB: Clean Water Grants
SWRCB: Delta Unit
_~T SWRCB: Water Quality
__ SWRCB: Water Rights
_T_T Regional WQCB # 9 (
Youth & Adult Corrections
Corrections
Independent Commissions & Offices
__ Energy Commission
T..T_ Native American Heritage Commission
Public Utilities Commission
__ Santa Monica Mountains Conservancy
State Land Commission
__ Tahoe Regional Planning Agency
__ Food & Agriculture
Health & Welfare
Health Services
Public Review Period (to be filled in by lead agency)
Starting Date April 28, 2003 Ending Date May 27, 2003
Signature Date April 23, 2003
Lead Agency (Complete if Applicable):
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Contact: Dan Long
Phone (909) 694-6400
Applicant Linfield Christian School
Address 31950 Pauba Road
Temecula, CA 92591
Phone (909) 676-8111
For SCH Use Only:
Date Received at SCH
Date Review Starts
Date to Agencies
Date to SCH
Clearance Date
Notes:
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3
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title Linfield Christian School Master Plan
Lead Agency Name and Address City of Temecula
P.O. Box 9033 Temecula, CA 92589-9033
Contact Person and Phone Number Dan Long, Associate Planner (909) 694-6400
Project Location 31950 Pauba Road. Located between Pauba Road and Rancho
Vista Road, east of Margarita Road and west of Meadows Parkway
(Assessors Parcel No. 955-002-002)
Project Sponsor's Name and Address Linfield Christian School, 31950 Pauba Road, Temecula, CA 92592
General Plan Designation Public Institutional (PI)
Zoning Public Institutional (PI)
Description of Project PA02-0612 is a Planned Development Overlay (PDO-7) proposal to
modify the land use standards to allow for a mix of uses on 93.77
acres including educational, recreational, institutional and residential
facilities.
PA01-0653 is a (Master) Conditional Use Permit/Development Plan
application. The Master CUP application applies to the overall project
and phasing. In addition, the Master CUP establishes design
guidelines and provides a "blueprint" for future site layout. The
overall proposal includes 120,374 square feet of new high school
facilities, 11,243 square feet of new middle school facilities, 9,100
square feet of new elementary school facilities, 19,000 square feet of
new kindergarten and pre-school facilities, one new junior varsity
baseball field, one new middle school soccer field, one new
football/track stadium, 6 new tennis courts, 3 new outdoor ball
courts, 10,189 square feet of middle school lockers, courts and
student store, 28,114 square foot gymnasium and pool, and 15,000
square feet of various sports and accessory structures. The project
also includes a sensitive resource area proposed for preservation.
The development plan proposal is for the design of phase A-1 as
outlined in the Master CUP document. The Master CUP establishes
the overall site into 3 planning areas. Area lA is broken down into
various phases beginning with phase A-1 (High School) to phase F-2
(Superintendent/Caretaker housing).
Surrounding Land Uses and Setting North: Low-Medium Density Residential (single-family residences)
East: Very Low Density Residential (single-family residences &
vacant lots)
South: Paloma Del Sol Specific Plan/Low Medium Residential
(single-family residences/Pa[oma Elementary School)
West: Public Institutional (Temecula Valley High School)
Other public agencies whose approval California Department of Fish and Game, Army Corps of Engineers,
is required United States Fish and Wildlife Service, San Diego Regional Water
Quality Control Board
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1
Vicinity Map
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2
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant impact" as indicated by the checklist on the following pages.
Aesthetics Mineral Resources
Agricultural Resources Population and Housing X Noise
Air Quality Population and Housing
X Biological Resources, Water Public Services
Cultural Resources Recreation
Geologic Problems X Transportation/Traffic
Hazards and Hazardous Materials Utilities and Service Systems
Hydrology and Water Quality
Land Use Planning None
Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant impact on the environment, and a
NEGATIVE DECLARATION will be prepared
X 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 revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
April 24, 2003
Signature Date
Dan Lonq, Associate Planner
Printed name
City of Temecula
For
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3
1. AESTHETICS. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supporting information Sources Impact Incorporated impact Impact
a. Have a substantial adverse effect on a scenic vista? X
b. Substantially damage scenic resources, including, but not X
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c. Substantially degrade the existing visual character or X
quality of the site and its surroundings?
d. Create a new source of substantial light or glare, which X
would adversely affect day or nighttime views in the
area?
Comments:
1 .a. No Impact. The existing property has not been identified as a scenic vista in the City of Temecula's
General Plan.
1.b. No Impact. Rancho Vista Road and Pauba Road are not designated as scenic resources nor is the
site within the view of a state scenic highway. As a consequence, no significant impact to scenic
resources will result from the proposed project or future development of the site.
1 .c. No Impact. The general character of the site will be maintained through site design and by maintaining
an abundance of the existing landscaping and mature trees. Additional trees and landscaping have
been proposed to maintain the rural character and blend with the existing site. The design of the site
has been proposed which maintains the rural components of the site, including landscaping, on-site
pond, open space and athletic fields.
1 .d. Less Than Significant Impact. The project will introduce new lighting in the area that could impact
adjacent residences and Mount Palomar observatory unless mitigated. Conditions of approval have
been implemented which require the athletic field lighting to have limited hours of operation (10:00 PM)
and all security and parking lot lighting will be conditioned to comply with Mount Palomar Lighting
Ordinance.
2. Agricultural Resources. In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Department of Conservation as an optional
model to use in assessing impacts on agriculture and farmland. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated impact Impact
a. Convert Prime Farmland, Unique Farmland, or Farmland X
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
b. Conflict with the existing zoning for agricultural use, or a X
Williamson Act contract?
c. Involve other changes in the existing environment, which X
due to their location or nature, could result in conversion
of Farmland, to non-agricultural use?
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4
Comments:
2a.-c.
No Impact. The project site is not currently in agricultural production and in the historic past the site
has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it
zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or
local importance as identified by the State Department of Conservation and the City of Temecula
General Plan. In addition, the project will not involve changes in the existing environment, which would
result in the conversion of farmland to non-agricultural uses. Therefore, there is no significant impact
related to this issue.
3. AIR QUALITY. Where available, the significance criteria established by the applicable quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
Less Titan
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Suppoding Information Sources Impact Incorporated Impact Impact
a. Conflict with or obstruct implementation of the applicable X
air quality plan?
b. Violate any air quality standard or contribute substantially X
to an existing or projected air quality violation?
c. Result in a cumulatively considerable net increase of any X
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions, which
exceed quantitative thresholds for ozone precursors?
d. Expose sensitive receptors to substantial pollutant X
concentrations?
e. Create objectionable odors affecting a substantial number X
of people?
Comments:
3.a, No Impact. The proposed project will not conflict with the air quality plan. The land use and proposed
density are consistent with the City's general plan air quality element because the use is consistent with
the general plan land use designation and the 26 residential units proposed are considered secondary
to the primary use because the residential units are proposed only for students and/or faculty of the
school.
3.b.c. Less Than Significant Impact With Mitigations. The project will not create an unreasonable amount
of vehicle trips per day than already existing for the site and will not produce additional air pollution than
currently existing for the site because the site will continue to be primarily used as a school facility with
secondary uses. The project is not identified as a major source of air pollution. Temporary impacts due
to construction of the site may be expected, however the impacts are not considered significant and
conditions of approval have been incorporated that will mitigate these temporary impacts.
3.d. Less Than Significant Impact. As proposed the project will not expose sensitive receptors to
substantial pollutant concentrators. The proposed project will fall below the significance levels
established by SCAQMD for construction and operational emissions. As a consequence a less than
significant impact is anticipated as a result of this project.
3.e. No Impact. Typical construction odors may be present during construction activities, however these
impacts are considered temporary and will not contribute significant long-term impacts. No other
objectionable odors are anticipated as a result of the proposed project.
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5
REQUIRED MITIGATION MEASURE/CONDITION OF APPROVAL
The project will be required to provide a water truck to continuously "water down" the graded
areas to reduce the amount of dust from excavation. In addition, all heavy equipment must be
regularly maintained to reduce emissions.
4. BIOLOGICAL RESOURCES: Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supporting Information Sources Impact Incorporated Impact impact
a. Have a substantial adverse effect, either directly or X
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat X
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
i c. Have a substantial adverse effect on federally protected X
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filing, hydrological
interruption, or other means?
d. Interfere substantially with the movement of any native X
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting X
biological resources, such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted Habitat X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
.8,
Less Than Significant Impact with Mitigation Incorporated. The General Plan does not designate
the project site as a potentially sensitive habitat site, however a current biological survey of the site (A
General Biological Resources Survey and Jurisdictional Delineation on APN # 955-002-002, The
Linfield School Project, L & L Environmental, Inc., August, 2001) has identified the project site as
potentially environmentally sensitive habitat areas for the Quino Checkerspot Butterfly (QCB),
southwestern willow flycatcher and least Bell's vireo. In addition a follow-up focused raptor survey was
recommended. A follow-up study has been completed for the QBC (Focused Survey For The Quino
Checkerspot Butterfly on APN # 955-002-002, The Linfield School, L & L Environmental, Inc., June
2002), however the results indicated that it is unlikely that QBC individuals or a QBC breeding
population currently utilize the subject property. In a follow up letter from L & L Environmental, Inc.,
dated February 19, 2003, it was determined that further studies are not necessary for least Bell's vireo
and southwestern willow flycatcher since the area determined to provide habitat for these species lies
within a resource area to be preserved. A follow-up focused raptor survey has been complete (Results
R:\P D 0~2002\02-0612 Linfield~initial study-l.doc
6
of a focused raptor nesting survey for APN # 955-002-002, The Linfield Project, L & L Environmental,
Inc., March 21, 2002) and has determined that while a single raptor nest was observed on the project it
was determined to be abandoned or currently unoccupied. The report recommends a follow-up site visit
is necessary to determine if the nest has become occupied. As a mitigation measure and condition of
approval, the applicant, prior to issuance of a grading permit shall perform a follow-up site visit by a
qualified biologist to determine if the nest has become occupied by a raptor. In addition, the riparian
trees and riparian habitat and associated drainages are regulated under state and federal permits
which are required for this project. The biological survey (August 2001) submitted for the project as
mentioned above has identified on-site wetlands as defined by the Clean Water Act and the necessary
permits are required prior to commencement of various construction on the project site. The necessary
studies have been completed for the project site, as well as focused follow-up studies and have
determined that no significant impacts will occur as a result of the proposed development. Mitigation
Measures have been applied.
4.b. Less Than Significant Impact with Mitigation Incorporated The project site contains a mixed
riparian habitat within the project site that falls within the state jurisdictional area. A significant amount
of the mixed riparian area will be preserved as a result of the proposed project or it is in a currently
developed area, but will be maintained as an open space area. As a part of the proposed project, a
resource area has been set aside for preservation on the project site. This area will remain
undeveloped and is designated as a sensitive resource area. Mitigation Measures have been applied.
4.c. Less Than Significant Impact with Mitigation Incorporated The project site contains wetland areas
on the project site. There are a total of 2.85 acres of streambeds or wetlands per the definition of the
State criteria for judicial streambeds and .57 acres that meet the federal criteria for Waters of the United
States. Approximately 1.09 acres of state streambeds, 1.81 acres of state wetlands and .83 acres of
federal wetlands will be impacted by the project as currently proposed. The remaining wetland and
streambed acreage will be maintained as open space and will be identified as such on the master plan.
Mitigation Measures have been applied.
4.d. Less Than Significant Impact with Mitigation Incorporated. The project site includes riparian
woodlands, streambeds and wetlands. The study (A General Biological Resources Survey and
Jurisdictional Delineation on APN # 955-002-002, The Linfield School Project, L & L Environmental,
Inc., August, 2001) identified three fish species of special status, however no habitat occurs on the site
for any fish species. No special status mammals were noted during the biological survey. The project
site does not contain a significant open grassland area, habitat for the Stephen's Kangaroo Rat, listed
as Threatened, Endangered or a candidate for listing. The project site is, however, within the Riverside
County Habitat Conservation Plan for this species. Seventeen bird species were observed on the
project site, including several special status raptors. A follow-up study has been complete and found a
single raptor nest was identified, however it was either abandoned or unoccupied at the time the study
was performed. Additionally, the study area includes riparian habitat and drainages that are regulated
under state and federal jurisdiction. State and Federal permits are required for this project. Two
amphibian species (western toad and pacific tree frog) were observed on the project site. No reptiles
were observed on the project site, however no species known to be Endangered, Threatened or on a
candidate list are expected to be found on the site. Habitat for Quino checkerspot butterfly is very poor.
A focused study was complete and found that while the site does support Quino checkerspot larval host
plant resources, no adult, ova, larvae or pupae were detected during the six week study and it is
unlikely that Quino checkerspot butterfly individuals or a breeding population currently utilize the project
site. Since no Endangered, Threatened or species on the candidate list were observed on the project
site, the impacts are less than significant, however Mitigation Measures have been applied for areas
under state and federal jurisdiction.
4. e.f. No Impact. The project site is located within the Stephan's Kangaroo Rat Habitat Fee Area. The
project will be conditioned to comply with provisions of Chapter 8.24 of the Temecula Municipal Code
(Habitat Conservation), which requires payment of the Stephens Kangaroo Rat fee. This will serve as
suitable impact mitigation.
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7
REQUIRED MITIGATION MEASURES
1. The project is required to apply for and obtain the necessary state and federal permits, including a
section 401 permit, 1603 streambed alteration agreement, and a Corps Nationwide 39 permit as
recommended in the Biological resource survey by L & L Environmental Inc. (August, 2001, August
24, 2001, March 2002, and June 2002).
2. The project has established a resource area that will be preserved and will not be developed. The
resource area shall remain in its current state unless development is proposed in the resource area,
which will be subject to additional environmental review and a public hearing.
3. Prior to the issuance of a grading permit, a follow-up site visit from a qualified biologist shaJl be
conducted to determine if the raptor nest has been occupied. A report with recommendations shall
be provided prior to the issuance of a grading permit.
4. The proper habitat conservation and Stephens Kangaroo Rat fee shall be paid prior to the issuance
of a grading permit.
5. CULTURAL RESOURCES. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant No
Issues and Supporting information Sources Impact Incorporated Impact Impact
a. Cause a substantial adverse change in the significance of X
a historical resource as defined in Section 15064.57
b. Cause a substantial adverse change in the significance of X
an archaeological resource pursuant to Section 15064.57
c. Directly or indirectly destroy a unique paleontological X
resoume or site or unique geologic feature?
d. Disturb any human remains, including those interred X
outside of formal cemeteries?
Comments:
5.a. Less than Significant Impact With Mitigations Incorporated. The subject site does not meet the
criteria of a historical resource as defined in Section 15064.5 of the California Environmental Quality
Act. In addition the City of Temecula General Plan and associated EIR does not identify the site as a
historical resource area. The General Plan has identified the project site as a highly sensitive site for
paleontological resource area. An archaeological and paleontological survey (A Phase I Archaeological
and Paleontological Survey Report on the Linfield Christian School Expansion Site, APN # 955-002-
002, L & L Environmental, Inc., February 11, 2003) has been complete for the project site. The results
of the records search indicated that there are no previously recorded archaeological sites within the
subject parcel. The report did recognize that an important lithologic deposit underlies the ground
surface area of the project site and has the potential for yielding scientifically significant specimens.
Mitigations have been recommended including paleontological and archaeological monitoring during all
earthmoving activities of the site.
5.b-d. Less Than Significant Impact. A phase I archaeological and paleontological study (A Phase I
Archaeological and Paleontological Survey Report on the Linfield Christian School Expansion Site,
APN # 955-002-002, L & L Environmental, Inc., February 11, 2003) was completed for the project site.
According to the study, while there were no materials identified during the field survey, the study
concluded there is a Iow probability that prehistoric or historic resources will be impacted by continued
development of the project site. Additionally, neither the City of Temecula General Plan Environmental
Impact Report nor the City's General Plan identifies this project site as an area of significant cultural
resources. The project will include conditions of approval to provide a paleontologist and an
archaeologist or representative monitor present during all earthmoving phases with the authority to
temporarily divert, redirect or halt grading activity to allow recovery of fossils.
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8
REQUIRED MITIGATION MEASURES/CONDITIONS OF APPROVAL
1. The applicant shall comply with all the mitigations measures as recommended in the phase I
archaeological and paleontological survey, prepared by L & L Environmental, Inc., dated
February 11, 2003.
2. The applicant shall provide an on-site archaeological and paleontological monitoring during all
phases of earthmoving activities as recommended in the Phase I archaeological report by L & L
Environmental, Inc. (February 2003).
3. Prior to the issuance of a grading permit, the applicant must enter into an agreement with the
Pechanga Band that addresses the treatment and disposition of all cultural resources and
human resources and human remains discovered on-site.
4. Prior to the completion of the project a phase II, and if warranted a phase III survey shall be
performed.
5. The landowner agrees to relinquish ownership of all cultural resources, including archaeological
artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment
and disposition.
6. All sacred sites within the project area are to be avoided and preserved.
6. GEOLOGY AND SOILS. Would the project?
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Expose people or structures to potential substantial X
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated on X
the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including liquefaction? X
iv) Landslides? X
b. Result in substantial soil erosion or the loss of topsoil? X
c. Be located on a geologic unit or soil that is unstable, or X
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B X
of the Uniform Building Code (1994), creating substantial
risks to life or property?
e. Have soils incapable of adequately supporting the use of X
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
Comments:
Less Than Significant Impact.. The project site is not within any known fault zones as recognized in
the City of Temecula General Plan. The nearest known fault to the project site is the Wildomar Fault
zone, and is located approximately 1-2 miles to the west. According to the General Plan EIR (GPEIR),
the City of Temecula is in Ground shaking Zone II, which will experience moderate to intense ground
R:\P D O~2002\02-0612 Linfield~initial study-l.doc
shaking in the event of a major regional earthquake. Any potential significant impacts will be mitigated
through building construction, which is consistent with the Uniform Building Code standards. In addition,
the project will be conditioned to provide a soils report prior to grading and recommendations contained
in said report are followed during construction.
6.b. No Impact. The project will not expose people to landslides or mudflows. The Final Environmental
Impact Report for the City of Temecula General Plan has not identified any known landslides or
mudslides located on the site or proximate to the site. No significant impacts are anticipated as a result
of this project.
6.c.d.e. No Impact. Potential impacts will be mitigated by the building construction, which requires new
construction to comply with the Uniform Building Code standards. A soils report shall be required as
part of the development and shall contain recommendations for the compaction of the soil which will
serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure
(including liquefaction), erosion, changes in topography or unstable soil conditions from excavation,
grading or fill and expansive soils. Erosion control techniques will be included as a condition of
approval for development projects at the site. Potential unstable soil conditions from excavation,
grading or fill will be mitigated through the use of proper compaction of the soils and landscaping.
6.d. Less Than Significant Impact. Any potential significant impacts will be mitigated through building
construction, consistent with the Uniform Building Code standards. Further, the project will be
conditioned to provide soil reports prior to grading and recommendations contained in this report are
complied with during construction. The soil reports will also contain recommendations for the
compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic
ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils.
6.e. No Impact. Additional septic sewage disposal systems are not proposed for this project. The project
will be connected to the existing public sewer system in Pauba Road; therefore, no impacts are
anticipated as a result of this project.
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supporting] Information Sources Impact Incorporated Impact Impact
a. Create a significant hazard to the public or the X
environment through the routine transport, use, or
disposal of hazardous materials?
b. Create a significant hazard to the public or the X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle hazardous or X
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d. Be located on a site which is included on a list of X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e. For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
' f. For a project within the vicinity of a private airstrip, would X
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10
the project result in a safety hazard for people residing or
working in the project area?
g. Impair implementation of or physically interfere with an X
adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk of loss, X
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Comments:
7.a-h
No Impact. The project will not create a significant impact in the creation of any health hazard,
potential health hazard, risk of explosion, release of hazardous substances and it is not located near,
nor is it a site on a list of hazardous materials sites compiled pursuant to Government Code Section
65962.5 that would create a significant hazard to the public or the environment. The project site is not
located within an airport land use plan or within two miles of a public or private airstrip. The project will
take access from maintained public streets and will therefore not impede emergency response or
evacuation plans. The project will not create a fire hazard in an area with flammable brush, grass, or
trees. While there are existing trees and brush on the site, the site is not considered a wild land area
subject to significant risk of loss due to fire. The project will be reviewed for compliance with all
applicable health laws during the plan check stage. No permits will be issued unless the project is
found to be consistent with all applicable laws. No impacts are anticipated as a result of this project.
8. HYDROLOGY AND WATER QUALITY. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Violate any water quality standards or waste discharge X
requirements?
b. Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
= c. Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of a
stream or river, in a manner, which would result in
substantial erosion or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner that would result in
flooding on- or off-site?
e. Create or contribute runoff water, which would exceed the X
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff?
f. Otherwise substantially degrade water quality? X
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11
g. Place housing within a 100-year flood hazard area as X
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h. Place within a 100-year flood hazard area structures, X
which would impede or redirect flood flows?
i. Expose people or structures to a significant risk of loss, X
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow? X
Comments:
8.a. Less Than Significant Impact.
The project will not violate any water quality standards or waste
discharge requirements. The project is required to comply with the requirements of the National
Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control
Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is
shown to be exempt. By complying with the NPDES requirements, any potential impacts can be
mitigated to a level that is less than significant. A less than significant impact is anticipated as a result
of this project.
8.b.f. Less Than Significant Impact. The project will not substantially deplete groundwater supplies or
interfere substantially with groundwater recharge such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table level. The project will not have an affect on the
quantity and quality of ground waters, either through direct additions or withdrawals or through
interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge
capability. Further, construction on the site will not be at depths sufficient to have a significant impact
on ground waters or aquifer volume. A less than significant impact is anticipated as a result of this
project.
8.c.d. Less Than Significant Impact. The proposed project will substantially alter the existing drainage
pattern of the site, however it would not result in substantial erosion or siltation and/or flooding on- or
off-site. Some changes to absorption rates, drainage patterns and the rate and amount of surface runoff
is expected whenever development occurs on previously permeable ground. Much of the proposed
project will maintain its permeable surface, such as athletic fields and open space. Previously
permeable ground will be rendered impervious by construction of structures, accompanying hardscape
and driveways. While absorption rates and surface runoff will change, potential impacts shall be
mitigated through site design. Drainage conveyances are required for the project to safely and
adequately handle runoff that is created. As conditioned, the proposed project would have a less than
significant impact on the existing facilities.
8.e. Less Than Significant Impact. The project is not anticipated to create or contribute runoff water
which would exceed the capacity of existing or planned storm water drainage systems, or provide
substantial additional sources of polluted runoff. The project is conditioned to accommodate the
drainage created as a result of the development of the subject site. In addition, the project is
conditioned so that the drainage will not impact surrounding properties. A less than significant impact is
associated with this project.
8.g. No Impact. This project represents a development plan for a public institutional use within an area
zoned for public institutional uses. Some residential uses are permitted uses and may be developed in
the future, however the project site is not located within a flood plain or an area prone to flooding as
identified on the FEMA maps. No impacts are anticipated as a result of this project.
8.h. No Impact. The project will have no impact on people or property to water related hazards such as
flooding because the project site is located outside of the 100-year floodway as identified in the City of
Temecula General Plan Final Environmental Impact Report (Figure 7-3) and the Flood Insurance Rate
Map Community-Panel Number 0607420005B and 0607420010B. No potential for exposure to
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12
significant flood hazards will occur from developing the project site as proposed. Therefore, no impacts
are anticipated as a result of this project.
No Impact. The project site is not subject to inundation by sieche, tsunami, or mudflow, as these
events are not known to happen in this region. No impacts are anticipated as a result of this project.
9. Land Use and Planning. Would the project:
Less Than
Potentia[ly Significant With Less Than
Significant Mitigation Significant NO
Issues and Supportin,(] Information Sources Impact Incorporated Impact Impact
a. Physically divide an established community? X
b. Conflict with applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
c. Conflict with any applicable habitat conservation plan or X
natural community conservation plan?
Comments:
9.a. No Impact.
The project will not disrupt or divide the physical arrangement of an established
community. The property to the west is a public high school, which provides many of the same
amenities as the proposed project. On the south and north side of the street are single-family
residences. To the east of the project site are Iow-density residences with various vacant lots. The
development of this site, as proposed, will be consistent with the intended use of the property and
compatible with the surrounding properties. No impacts are anticipated as a result of this project.
9.b. Less Than Significant Impact. The project will not conflict with the General Plan designation,
environmental plans or policies adopted be agencies with jurisdiction over the project. The project
includes a zone change to PDO-7, which allows for flexibility in the uses permitted. The primary use of
the area will remain institutional, as a private school and administrative offices. The associated uses
permitted within the PDO are secondary uses to the primary institutional uses and/or they are as
allowed under the public institutional zoning and general plan designation. Impacts from all General
Plan land use designations were analyzed in the Environmental Impact Report for the General Plan. A
subsequent traffic study has been prepared by the applicant to address the potential impacts from the
residential area proposed by the applicant. Implementation of PDO-7 and the development of Linfield
Christian School do not appear to have the potential to conflict with any agency plans or policies that
have been adopted in order to avoid or mitigate an environmental effect. Agencies with jurisdiction
within the City commented on the scope of the analysis contained in the EIR and how the land uses
would impact their particular agency. Mitigation measures approved for the EIR, such as development
impact fees, will be applied to this project where necessary. Further, all agencies with jurisdiction over
the project are also being given the opportunity to comment on this project, and is anticipated the
appropriate comments will be received as to how this project relates to their specific environmental
plans and/or policies. Significant portions of the project site have been previously disturbed and used
for educational and recreational purposes and services are currently in place for the proposed project.
With the mitigation measures in place there will be less than significant impacts on adopted
environmental plans or policies
9.c. No Impact. The proposed project will not conflict with any applicable habitat conservation plan or
natural community conservation plan. The site is not within any applicable habitat conservation plan or
natural community conservation plan. Therefore, no impacts are anticipated as a result of this project.
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13
10. MINERAL RESOURCES. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significanf No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Result in the loss of availability of a known mineral X
resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally important X
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Comments:
10.a.b. No Impact. The project will not result in the loss of available, known mineral resources or in the loss of
an available, locally important mineral resource recovery site. The State Geologist has classified the
City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the
potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, it has
been determined that this area contains no deposits of significant economic value based upon available
data in a report entitled Mineral Land Classification of the Temescal Valley Area, Riverside County,
California, Special Report 165, prepared in accordance with the Surface Mining and Reclamation Act
(SMARA) of 1975. No impacts are anticipated as a result of this project.
11. NOISE. Would the project result in:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supporting Information Sources Impact Incoq~orated Impact Impact
a. Exposure of persons to or generation of noise levels in X
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
b. Exposure of persons to or generation of excessive X
groundborne vibration or groundborne noise levels?
c. A substantial permanent increase in ambient noise levels X
in the project vicinity above levels existing without the
project?
d. A substantial temporary or periodic increase in ambient X
noise levels in the project vicinity above levels existing
without the project?
e. For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
f. For a project within the vicinity of a private airstrip, would X
the project expose people residing or working in the
project area to excessive noise levels?
Comments:
11.a
Less Than Significant With Mitigation Measures. The proposed project is located on an
approximately 94-acre (Minus 23-acre land lease area) site directly adjacent to single-family
residences and an existing public high school. The City of Temecula's General Plan has identified
residents as sensitive receptors. A 65 CNEL has been adopted as the maximum exterior noise level
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14
acceptable for sensitive receptors. The CNEL is an average equivalent A-weighted sound level during
a 24-hour day, obtained after addition of five decibels to sound levels in the evening from 7:00 p.m. to
10:00 p.m. and after addition of ten decibels to sound levels in the night before 7:00 a.m. and after
10:00 p.m. The proposed site and residences are separated by a 90 to 95 foot right-of-way, including a
street, a 20 foot landscape slope on the residential side and a 20 foot setback on the PDO-7 side,
grade elevations varying from 1-foot to greater than 35 feet and a combination of solid and wrought iron
fencing. Noise levels as measured from an adjacent similar facility (Temecula Valley High School, 59.3
measured and 61.2 adjusted) do not exceed the 65 dBA CNEL (Community Noise Equivalent Level) as
noted for the existing residential homes and as adopted in the Noise Element of the General Plan. The
addition of a new ball field should not increase the noise dba above the maximum 65 dba allowed since
sporting events are not expected to occur beyond 10:00 PM. Other athletic courts and fields are
proposed, however they are no less than 180 feet from the right-of-way and are separated by slopes
and riparian and woodland area to be maintained. The following mitigation measures will be
implemented.
REQUIRED MITIGATION MEASURES
1. All outdoor events and public gatherings must cease from 10:00 P.M. to 7:00 A.M.
11 .b. Less Than Significant Impact. The uses proposed by the project are not activities that would expose
persons to, or generate excessive ground-borne vibration or ground-borne noise levels. Although there
will be an increase in ground-borne vibration and noise during grading and construction, these will be of
a temporary and short in duration. Due to the limited nature of this exposure and by maintaining
compliance with the City Noise Ordinance there will be a less than significant impacts.
11 .c.d. Less Than Significant Impact. The project may result in temporary or periodic increases in ambient
noise levels during construction and thereafter. Construction machinery is capable of producing noise
in the range of 100+ DBA at 100 feet, which is considered annoying. However, this source of noise
from construction of the project will be of short duration and therefore would not be considered
significant. Furthermore, the project will comply with City ordinances regulating the hours of
construction activity from 6:30 a.m. to 6:30 P.M. Monday through Friday and 7:00 A.M. to 3:60 P.M. on
Saturdays. Construction will not be permitted on Sundays and nationally recognized holidays. A Less
than significant impact is anticipated at this time.
11.e.f. No Impact. This project is not within two miles of a public airport or public use airport, therefore,
student, teachers and other persons within the area will not be exposed to excessive noise levels
generated by an airport. Consequently no impact is anticipated as a result of this project.
12. POPULATION AND HOUSING. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant No
Issues and Suppoding Information Sources Impact Incorporated Impact Impact
a. Induce substantial population growth in an area, either X
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
b. Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating the X
construction of replacement housing elsewhere?
Comments:
12.a.b.c.
No tmpact. The project will not induce substantial growth in the area either directly or indirectly. The
project site is the expansion of an existing educational facility surrounded by single-family residences
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15
and other public schools. The project will not displace substantial numbers of people or existing
housing, as the site is developed within a public institutional zone. The project will neither displace
housing nor people, necessitating the construction of replacement housing. No impacts are anticipated
as a result of this project.
13. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or
altered Government services in any of the following areas:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Would the project result in substantial adverse physical X
impacts associates with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or
other performance objectives for any of the public
services:
b. Fire protection? X
c. Police protection? X
d. Schools? X
e. Parks? X
f. Other public facilities? X
Comments:
13.a.b.c.e.
Less Than Significant Impact. The project will have a less than significant impact upon, or result in a
need for new or altered fire, police, recreation or other public facilities. The project will incrementally
increase the need for some services. However, the project will contribute its fair share through City
Development Impact Fees to be used to provide public facilities. Less than significant impacts are
anticipated.
13.d. No Impact. The project will not have an impact upon, or will not result in a need for new or altered
school facilities. The project will not cause significant numbers of people to relocate within or to the
City. No impacts are anticipated.
13.f. Less Than Significant Impact. The project will have a less than significant impact upon, or result in a
need for new or altered public facilities. The Rancho California Water District and the Riverside
Department of Environmental Health have been made aware of this project. A condition of approval
has been placed on this project that will require the proponent to obtain '~Vill Serve" letters from all of
the public utilities agencies. Service is currently provided for the surrounding residential development,
so extending service to this site is possible, which would result in less than significant impacts as a
result of the project.
14. RECREATION. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supportin,(] Information Sources Impact Incorporated Impact Impact
a. Would the project increase the use of existing X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
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16
b. Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
X
Comments:
14.a. No Impact. The project is an educational project with open space and athletic facilities. The
anticipated need to increase the neighborhood or regional parks or other recreational facilities as a
result of this project is not anticipated. No impacts are anticipated as a result of this project.
14.b. No Impact. The project includes the potential to include a maximum of 26 residential units in addition
to the two existing units which will be replaced and relocated on-site. All residential units are intended
to provide housing for students and/or employees of the school. Since these residential units are
secondary uses to the school and there is not a substantial number of residential units proposed, no
impacts are anticipated for recreational facilities.
15. TRANSPORTATION/TRAFFIC. Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Cause an increase in traffic, which is substantial in X
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ratio on roads, or congestion at intersections?
b. Exceed, either individually or cumulatively, a level of X
service standard established by the county congestion
management agency for designated roads or highways?
c. Result in a change in air traffic patterns, including either X
an increase in traffic levels or a change in location that
results in substantial safety risks?
d. Substantially increase hazards due to a design feature X
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e. Result in inadequate emergency access? X
f. Result in inadequate parking capacity? X
g. Conflict with adopted policies, plans, or programs X
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
Comments:
15.a-c.
Less Than Significant Impact With Mitigations Incorporated. The project site is currently zoned
Public Institutional, which is also the land use assumed in the City's Circulation Element of the General
Plan. According to the Traffic Impact Analysis prepared by the traffic-engineering firm Linscott Law &
Greenspan, the proposed project will decrease the level of service (LOS) for AM/PM peak hour traffic
from D to E. However, the required mitigation measures should improve the LOS to D once the
mitigation measures are constructed. With mitigation measures in place, the project is consistent with
General Plan goals and polices of maintaining a Level of Service "D" or better at all intersections within
the City during peak hours. The proposed project is not anticipated to cause significant impacts to the
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17
existing traffic system within the City of Temecula. Additionally, the City's Traffic Engineer reviewed the
cumulative impacts during the approval process and has determined that the project's traffic impacts
warrant no further study or mitigations beyond those recommended by the traffic analysis. The following
Mitigation Measures will be implemented:
Mitigation Measures:
1. Restripe the southbound approach of Margarita Road to provide an additional southbound left turn
lane (dual southbound left turn lanes) at the intersection of Pauba Road and Margarita Road.
2. Provide a traffic signal at the realigned intersection of Via Rami/Linfield Way @ Pauba Road.
3. Improve Pauba Road (Secondary Highway Standards - 88' R/W) to include dedication of half-width
street right-of-way, installation of half-width street improvements 720' west of Linfield Way to the
West Boundary, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer).
4. Improve Rancho Vista Road (Secondary Highway Standards - 88' RAN) to include dedication of
half-width street right-of-way, installation of half-width street improvements along the North
Boundary frontage, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer).
5. Improve Green Tree Road (Local Road Standards - 60' R/W) to include dedication of half-width
street right-of-way, installation of half-width street improvement from Margarita Road to the North
Boundary, paving, curb and gutter, sidewalk, street light, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer).
$. Future traffic studies may be required to determine the precise timing of each Mitigation Measure if
the City determines it is necessary.
7. A school zone and striping plan, per Caltrans standards, shall be designed by a registered Civil
Engineer for the schoo~ site within this project and included in the street improvements for this
project. Design shall also include a warrant analysis for a flashing yellow beacon and if warrants are
met, shall be installed by developer.
8. Payment of the Western Riverside County Transportation Uniform Mitigation Fee (TUMF).
15.d-g. No Impact. The proposed development of this property will not result in a change in air traffic patterns
by increasing the traffic levels in the vicinity. The site is not within the French Valley Airport's flight
overlay district. The design of the project will not pose a threat to the health, safety, and welfare of the
people utilizing the roads in the vicinity of the project because there are no sharp curves or dangerous
intersections proposed. No impacts are anticipated as a result of this project.
15.e. No Impact. The project will not result in inadequate emergency access or access to nearby uses. The
project, as designed, complies with current City standards and has adequate emergency access. No
impacts are anticipated as a result of this project.
15.f. No Impact. The proposed development complies with the City's Development Code parking
requirements for public institutional uses. Many of the uses, such as athletic fields will only be used
during off-peak hours and therefore shared parking will be utilized. Therefore, no significant impacts
are anticipated as a result of this project.
15.g. No Impact. The proposed project does not propose to provide public transportation or a public
transportation turnout. Since the proposed project is a private school, it is not anticipated that a
significant need for public transportation will occur. The project as proposed does not conflict with
adopted policies, plans, or programs supporting alternative transportation. Because the project does
not propose to significantly increase its employee base, alternative transportation programs specifically
designed for this project are not necessary. The project will be required to provide bicycle racks at a
rate of 1 rack per 20 required parking space per the Development Code.
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16. UTILITIES AND SERVICE SYSTEMS: Would the project:
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Exceed wastewater treatment requirements of the X
applicable Regional Water Quality Control Board?
b. Require or result in the construction of new water or X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new storm water X
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d. Have sufficient water supplies available to serve the X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e. Result in a determination by the wastewater treatment X
provider, which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f. Be served by a landfill with sufficient permitted capacity to X
accommodate the project's solid waste disposal needs?
g. Comply with federal, state, and local statutes and X
regulations related to solid waste?
Comments:
16.a.b.e.
Less Than Significant Impact. The project will not exceed wastewater treatment requirements,
require the construction of new treatment facilities, nor affect the capacity of treatment providers. The
project will have an incremental effect upon existing systems. Since the project is consistent with the
City's General Plan, less than significant impacts are anticipated as a result of this project.
16.c. Less Than Significant Impact. The project will require on-site storm drains to be constructed. The
project will require various State and Federal Permits. The project will include the construction of
underground storm drains and drainage swales in various location within the project site. No off-site
storm drains or expansion of existing facilities are required as a result of this project. Riverside County
Flood Control and Water Conservation District has reviewed the proposed plan and has determined
that the proposed project would not be impacted by District Master Drainage Plan facilities. Less than
significant impacts are anticipated as a result of this project.
16.d. Less Than Significant Impact. The project will not significantly impact existing water supplies nor
require expanded water entitlements. The project will have an incremental effect upon existing systems.
While the project will have an incremental impact upon existing systems, the Rancho California Water
District has provided "water available" letters to the City indicating water resources are available to
serve to proposed project, provided the applicant signs an Agency Agreement with the Water District.
The proposed project is also consistent with the General Plan and the General Plan Final EIR in
regards to use and policies. Since the project is consistent with the City's General Plan, no significant
impacts are anticipated as a result of this project.
16.f.g. Less Than Significant Impact. The project will not result in a need for new landfill capacity. Any
potential impacts from solid waste created by this development can be mitigated through participation in
Source Reduction and Recycling Programs, which are implemented by the City. Less than significant
impacts are anticipated as a result of this project.
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17. MANDATORY FINDINGS OF SIGNIFICANCE.
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant NO
Issues and Suppodin~] Information Sources Impact Incorporated Impact Impact
a. Does the project have the potential to degrade the quality X
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
b. Does the project have impacts that are individually X
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects?
c. Does the project have environmental effects, which will X
cause substantial adverse effects on human beings,
either directly or indirectly?
Comments:
17.a. Less Than Significant With Mitigation Incorporated.. The project has the potential to degrade the
quality of the environment on site or in the vicinity of the project. The site includes natural drainage
courses and areas identified as riparian woodland. Environmental studies have been completed and
have identified an area to be set aside a resoume area. The developer is required to obtain various
State and Federal Permits including, a Section 1602 permit from the Department of Fish and Game,
Clean Water Act Section 401 permit from the U.S. Army Corps. of Engineers and clearance from the
Department of Fish and Wildlife for various biological concerns on the project site. A cultural resources
monitor is required to be present on the project site during all earthmoving activities. A traffic analysis
has complete and was reviewed by the City's Traffic Engineer to identify traffic calming devices and
mitigation measures to maintain an acceptable level of service as required in the General Plan.
17.b. Less Than Significant Impact. The individual effects from the project are less than significant with
Mitigation Measures incorporated into the project. The project will not have a cumulative effect on the
environment since the project site is an isolated area, surrounded by development. All cumulative
effects for the various land uses of the subject site as well as the surrounding developments were
analyzed in the General Plan Environmental Impact Report. With the mitigation measures in place, the
project will be consistent with the General Plan and Development Code, the cumulative impacts related
to the future development will not have a significant impact.
17.c. No Impact. The project will not have environmental effects that would cause substantial adverse
effects on human beings, directly or indirectly. The institutional facility will be designed and developed
consistent with the Development Code, PDO, and the General Plan. No impacts are anticipated as a
result of this project.
18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a. I Earlier analyses used. Identify earlier analyses and state where they are available for review.
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b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document and
the extent to which the)/address site-specific conditions for the project.
Comments:
18.a. There were no earlier analyses specifically related to this project site. The City's General Plan and
Final Environment Impact Report and a number of special studies (listed under Sources) were used as
a referenced source in preparing this Initial Study
18.b. There were no earlier impacts, which affected this project.
18.c. The mitigation measures are addressed in the Initial Study.
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2.
3.
4.
5.
6.
7.
8.
9.
10.
SOURCES
City of Temecula General Plan, adopted November 9, 1993.
City of Temecula General Plan Final Environmental Impact Report, adopted July 2, 1993
Linfield Christian School Master Plan and Design Guidelines, dated February 21,2003
Preliminary Hydrology/Hydraulic Study of Linfield Christian School, Kenneth W. Crawford, Jr. dated
December 12, 2001.
Traffic Impact Analysis Report, Linfield Christian School Master Plan, Linscott Law & Greenspan, dated
December 7, 2001
Traffic Impact Analysis Addendum, Linfield Christian School Master Plan, Linscott Law & Greenspan,
dated February 5, 2003
A General Biological Resources Survey And Jurisdictional Delineation on APN #955-002-002, The
Linfietd School Project, L & L Environmental, Inc., dated August, 2001
Results of A Focused Raptor Nesting Survey For APN # 955-002-002, L & L Environmental, Inc., The
Linfield School Project, dated March 21,2002.
Focused Survey For The Quino Checkerspot Butterfly ON APN # 955-002-002, The Linfield School, L &
L Environmental, Inc., dated June, 2002.
A Phase I Archaeological And Paleontological Survey Report on The Linfield Christian School
Expansion Site, APN # 955-002-002, L & L Environmental, Inc., dated February 11,2003
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Mitigation Monitoring Program
Project Description: Planning Application PA01-0653 Master CUP
Planning Application PA02-0612 Planned Development Overlay
Location:
Applicant:
South side of Rancho Vista Road, north of Pauba Road, east of
Margarita Road and west of Meadows Parkway, 31950 Pauba Road,
(APN: 955-002-002).
Linfield Christian School
31950 Pauba Road
Temecula, CA 92515
General Impact:
Mitigation Measures:
Air Quality
A temporary impact of offensive odors and additional dust due to
the operation of heavy equipment during construction phases of
the project.
The project is required to provide a water truck to continuously
'~vater down" the graded areas to reduce the amount of dust from
excavation. In addition, all heavy equipment must be regularly
maintained to reduce emissions.
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Planning staff will verify compliance with the above mitigation
measure as part of on-going field verification and inspections.
On-going during all grading activities
Building Department
General Impact:
Mitigation Measures:
Biological Resources
Development of land that potentially supports habitat for the Quino
Checkerspot Butterfly and California Gnatcatcher and raptors.
The project will be required to acquire the necessary permits from
federal and state agencies including U.S. Army Corps of
Engineers, Regional Water Quality Control Board, U.S. Fish and
Wildlife Service and California Department of Fish and Game.
Specific Process:
Planning and Public Works staff will verify compliance with the
above mitigation measure prior to the issuance of a grading
permit.
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Mitigation Milestone:
Responsible Monitoring
Party:
Prior to the issuance of grading permit.
Planning Department and Public Works Department
General Impact:
Mitigation Measures:
Biological Resources
Development of land containing riparian woodlands
An environmental resource area has been set aside
preservation and will not developed.
for
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
As a part of the Master CUP, the plan designates the sensitive
riparian woodland as a resource area not to be developed.
Upon approval of the Master CUP and PDO
Planning Department
General Impact:
Mitigation Measures:
Biological Resources
Development of land containing wetlands as identified by state
and federal regulations
The project will be required to acquire the necessary permits from
federal and state agencies including U.S. Army Corps of
Engineers, Regional Water Quality Control Board, U.S. Fish and
Wildlife Service and California Department of Fish and Game.
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
Planning staff will verify compliance with the above mitigation
measures as part of the building plan check and grading permit
review process.
Prior to the issuance of a grading permit.
Planning Department and Public Works Department
General Impact:
Mitigation Measures:
Noise
Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance.
All outdoor events and public gatherings must be complete prior to
10:00 P.M.
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Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
Planning staff will verify compliance with the above mitigation
measures via Code Enforcement.
Ongoing
Planning Department
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Cultural Resources
Cause a substantive adverse change in the significance of a'
historical resource, including archaeological and/or paleontological
resources.
A qualified archaeologist shall develop a mitigation plan and a
discovery clause/treatment plan, which includes mitigation
monitoring to be implemented during all earthmoving phases of
the project.
The Planning Department and Building Department, in conjunction
with the Luiseno Band will ensure monitors are provided during all
earthmoving phases of the project.
On-going during all earthmoving phases of the project
Planning Department, Building Department, and Luiseno Band
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Cultural Resources
Cause a substantive adverse change in the significance of a
historical resource, including archaeological and/or paleontological
resources.
A qualified archaeologist retained by the developer and approved
by the City of Temecula shall review the approved project. The
archaeologist shall conduct a pre-construction work
recommendation plan and participate in a pre-construction
meeting with the development staff and construction operators to
ensure an understanding of the mitigation measures requires
during construction.
The Developer will retain a monitor(s) and conduct the required
meetings with the Building Division and the Luiseno Band to
ensure a plan is developed and an understanding is reached for
monitoring.
Prior to issuance of a grading permit
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Responsible Monitoring
Party:
Planning Department, Building Department, and Luiseno Band
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Cultural Resources
Cause a substantive adverse change in the significance of a
historical resource, including archaeological and/or paleontological
resources.
A final report must be prepared by the archaeologist for
submission to the project proponent, the Eastern information
Center and the City of Temecula. The report must describe the
parcel history, summarize field and laboratory methods used, and
include any testing or special analysis information conducted to
support findings.
The developer is responsible for acquiring an archaeologist to
prepare a final report and submit the findings to the appropriate
agencies.
Prior to project completion
Planning Department
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Cultural Resources
Cause a substantive adverse change in the significance of a
historical resource, including archaeological and/or paleontological
resources.
A qualified vertebrate paleontologist retained by the developer and
approved by the City of Temecula will develop a storage
agreement with the LACM Vertebrae Paleontology Section, San
Bernardino County Museum, or another acceptable museum
repository to allow for the permanent storage and maintenance of
any fossil remains recovered in the project area as a result of the
monitoring program, and for the archiving of associated specimen
data and corresponding geologic and geographic site data at the
museum repository.
The developer is responsible for retaining the required personnel
and providing an agreement document to the City of Temecula for
review.
Prior to the issuance of a grading permit
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Responsible Monitoring
Party: Planning Department
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Cultural Resources
Cause a substantive adverse change in the significance of a
historical resource, including archaeological and/or paleontological
resources.
The developer shall retain a qualified paleontologist and develop a
mitigation plan and a discovery clause/treatment plan that when
implemented during earthmoving activities will allow for the
recovery and subsequent treatment of any fossil remains and
associated specimen and site data uncovered by these activities.
The developer is responsible for acquiring a paleontologist to
prepare a mitigation plan and submit to the City of Temecula for
review
Prior to issuance of a grading permit
Planning Department
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Cultural Resources
Cause a substantive adverse change in the significance of a
historical resource, including archaeological and/or paleontological
resources.
The qualified paleontologist and/or a paleontologist construction
monitor (both are required if a separate monitor will be provided)
will attend a pre-construction meeting to explain the monitoring
program to grading contractor staff and to develop procedures and
lines of communication to be implemented if fossil remains are
uncovered by earthmoving activities, 3articularly when or if a
monitor may not be on-site.
The developer is responsible for acquinng a paleontologist and/or
paleontologist monitor and schedule a pre-construction meeting
along with City of Temecula staff.
Prior to issuance of a grading permit
Planning Department and Building Department
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General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Cultural Resources
Cause a substantive adverse change in the significance of a
historical resource, including archaeological and/or paleontological
resources.
Paleontologic monitoring of all eadhmoving activities on a full-time
basis. The supervising paleontologist shall have the authority to
reduce monitoring once he/she determines the probability of
encountering fossils has dropped below an acceptable level. A
written letter must be provided to City of Temecula staff prior to
the monitor reducing his/her monitoring duties.
The developer is responsible for acquiring a qualified
paleontologist monitor on-site at all times until it is determined
unnecessary and approved by City of Temecula staff.
Prior to issuance of a grading permit
Planning Department and Building Department
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Cultural Resources
Cause a substantive adverse change in the significance of a
historical resource, including archaeological and/or paleontological
resources.
A final report must be prepared by the paleontologist for
submission to the project proponent, the County of Riverside, and
the City of Temecula following accessioning of the Linfield
Christian School fossil collection into the museum repository fossil
collection. The report must describe the geology and stratigraphy
parcel, summarize field and laboratory methods used, include
faunal list, and an inventory of catalogued fossil specimens,
evaluate the scientific importance of the specimens and discuss
the relationship of any newly recorded fossil site in the parcel to
relevant fossil sites previously recorded from the fossil-bearing
rock unit in the parcel vicinity and from correlative rock units in
other regions.
The developer is responsible for acquiring a paleontologist to
prepare a final report and submit the findings to the appropriate
agencies.
Prior to project completion
Planning Department
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General Impact:
intersections
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
Transportation
Increase in overall traffic volume and congestion at key
Improve Pauba Road (Secondary Highway Standards - 88' R/W)
to include dedication of half-width street right-of-way, installation
of half-width street improvements from 720' east of Linfield Way to
the West Boundary of the site, paving, curb and gutter, sidewalk,
street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
Public Works and Planning staff will require each improvement
prior to issuance of the first building permit
This work can be phased with phase 1 being completed with the
relocation of the entry road. Phase 2 of the improvements would
be the roadway in front of the elementary school and completed
with Certificate of Occupancy of any new buildings east of Linfield
Way, on Pauba Road or within 5 years, whichever occurs first.
Phase 3 would include the remaining improvements adjacent to
Planning Area 2 (Future Faculty Housing) to the west boundary of
the site and would be completed with the first building permit
within Planning Area 2 or within 10 years, whichever occurs first.
Public Works and Planning Department
General Impact:
Mitigation Measures:
Transportation
Increase in overall traffic volume and congestion at key
intersections
Improve Rancho Vista Road (Secondary Highway Standards - 88'
R/W) to include dedication of half-width street right-of-way,
installation of half-width street improvements along the North
Boundary frontage, paving, curb and gutter, sidewalk, street lights,
drainage facilities, signing and striping, utilities (including but not
limited to water and sewer).
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
Public Works and Planning staff will require each improvement
prior to issuance of the first building permit
These improvements may be deferred until a driveway connection
is made to Ranch Vista Road or phase 3 of the improvements,
whichever occurs first.
Public Works and Planning Department
R:\P D O~2002\02-0612 Linfield\Mitigation Monitoring Program.doc
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Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
Transportation
Improve Green Tree Road (Local Road Standards - 60' R/W) to
include dedication of half-width street right-of-way, installation of
half-width street improvement from Margarita Road to the North
Boundary, paving, curb and gutter, sidewalk, street light, drainage
facilities, signing and striping, utilities (including but not limited to
water and sewer).
Public Works and Planning staff will require each improvement
prior to issuance of the first building permit
These improvements may be deferred until a driveway connection
is made to Rancho Vista Road or Phase 3 improvements,
whichever occurs first.
Public Works and Planning Department
General Impact:
Mitigation Measures:
Transportation
Increase in overall traffic volume and congestion at key
intersections
A traffic study may be required to determine the precise timing of
each Mitigation Measure if the City determines it is necessary.
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
Public Works and Planning staff will require each improvement
prior to issuance of the first building permit
Prior to issuance of a grading permit.
Public Works and Planning Department
General Impact:
Mitigation Measures:
Transportation
Increase in overall traffic volume and congestion at key
intersections
A school zone and striping plan, per Caltrans standards, shall be
designed by a registered Civil Engineer for the school site within
this project and included in the street improvements for this
project. Design shall also include a warrant analysis for a flashing
R:\P D O~002\02-0612 Linfield\Mitigation Monitoring Program.doc
8
yellow beacon and if warrants are met, shall be installed by
developer.
Payment of Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program.
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party
Public Works and Planning staff will require each improvement
prior to issuance of the first building permit
Prior to issuance of first building permit.
Public Works and Planning Department
R:\P D O~2002\02-0612 Linfield\Mitigation Monitoring Program.doc
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ATTACHMENT NO. 2
DRAFT ORDINANCE APPROVING A ZONE CHANGE
R:\P D O~2002\02-0612 Linfield~CC Staff Report-1 .doc
7
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOMENT OVERLAY (PDO-7), AND ADOPTING
SECTIONS 17.22.180 THROUGH 17.22.188 OF THE
MUNICIPAL CODE INCLUDING THE PDO TEXT AND
DEVELOPMENT STANDARDS, FOR PROPERTY GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST OF MARGARITA ROAD AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S
PARCEL NO. 955-002-002
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. Karen Raftery, Linfield Christian School, filed Planning Application No. PA02-
0612, a request for a Zone Change to amend the zoning designation from Public Institutional to
Planned Development Overlay, and to adopt Sections 17.22.180 through 17.22.188 of the
Municipal Code to include the PDO text and development standards for property generally
located north of Pauba Road, south of Rancho Vista Road, east of Margarita Road and west of
Meadows Parkway, known as Assessor's Parcel No. 955-002-002 ("Project").
B. The application for the Project was processed and an environmental review was
conducted as required by the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held duly noticed public
hearings on May 21,2003 to consider the application for the Project.
D. Following consideration of the entire record of information received at the public
hearing and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2003-032, recommending that the City Council approve Planning Application No.
PA02-0612, a Zone Change to amend the land use designation from Public Institutional to
Planned Development Overlay and to adopt Section 17.22.180 including the PDO text and
development standards for property generally located north of Pauba Road, south of Rancho
Vista Road, east of Margarita Road and west of Meadows Parkway, known as Assessor's
Parcel No. 955-002-002 ("Project").
E. On July 8, 2003, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
F. On July 8, 2003, the City Council of the City of Temecula approved a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted
Resolution No. 03- , which was prepared pursuant to CEQA Guidelines Section 15072.
R:~P D O~002\02-0612 Linfiel~CC Ord Zone change.doc
1
Section 2,
findings:
The City Council of the City of Temecula hereby makes the following
A. The proposed zone change is consistent with the proposed land use designation
for the General Plan. The PDO text as proposed and incorporated as attached Exhibit A are
also consistent with the General Plan.
Section 3. The City Council of the City of Temecula hereby approves Planning
Application No. 02-0612, A Zone Change to amend the zoning designation from Public
Institutional to Planned Development Overlay and adopt sections 17.22.180 through 17.22.188
of the Municipal Code to include the PDO text and development standards for property
generally located north of Pauba Road, south of Rancho Vista Road, east of Margarita Road
and west of Meadows Parkway, known as Assessor's Parcel No. 955-002-002 as shown on
Exhibit A, attached hereto, and incorporated by reference and made a part hereof.
Section 4. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this 8t" day of July, 2003
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby cedify
that the forgoing Ordinance No. 03- was duly introduced and placed upon its first reading at
a regular meeting of the City Council on the 8th day of July, 2003, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 8th day of July, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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EXHIBIT A
PDO-7 Text
R:\P D O~002~02-0612 Linfield\CC Ord Zone change.doc
3
LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY DISTRICT
17.22.180 Title
Sections 17.22.180 through 17.22.188 shall be known as "PDO-7" (Linfield Christian School
Planned Development Overlay District).
17.22.181 Purpose and Intent
The Linfield Christian School Planned Development Overlay District (PDO-7) is
intended to create a unique mixed-use area within the city, blending educational,
recreational, institutional and residential facilities in a comprehensive master plan that
builds upon the existing campus development. PDO-7 allows for the introduction of
compatible housing opportunities within the conventional zoning district and serves to
implement the objectives of the Land Use and Housing Elements of the General Plan.
Supplemental development standards have been provided to recognize the transition
between the existing campus facilities and the new development areas, to promote
compatibility with the surrounding land uses, and to insure the long term design quality
of the Linfield Christian School PDO District.
17.22.184 Relationship with the Development Code and Citywide Design Guidelines
The List of permitted, conditionally permitted, and prohibited uses for the Linfield
Christian School Planned Development Overlay District is contained in Table
17.22.186.B.
Except as modified by the provisions of Section 17.22.188, the following rules
and regulations shall apply to all planning applications in this area.
1. Where this PDO is silent, the development standards of the Public
Institutional (PI) district in the Development Code shall apply (Section 17.12).
2. The development standards in the Development Code that would apply to the
Medium Density Residential District, and are in effect at the time an
application is deemed complete, for any proposed residential housing to be
located in Planning Area 2 of PDO-7. The maximum number of residences to
be developed in Planning Area 2 is 26.
3. The Master Plan and Design Guidelines approved as a part of the Linfield
Christian School Master Plan shall apply to all components of this PDO.
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17.22.186 Use Regulations
The list of permitted land uses for the Linfield Christian School Planned Development Overlay
District is contained in Table 17.22.t86.B. PDO-7 contains three different Planning Areas as
shown in Exhibit 17.22.186.A. The three Planning Areas are identified as follows:
Planning Area 1: Educational/Institutional: identified as (El) in Table 17.22.186.B.
Planning Area 1 is further separated into two sub-areas: Planning Area lA is the main
Linfield Christian School Campus, and Planning Area lB is the existing Elementary
School Campus.
· Planning Area 2: Educational/Residential: identified as (ER) in Table 17.22.186.B;
and,
· Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186.B.
Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the
use shall be conditionally permitted, subject to the approval of a conditional use permit. Where
indicated with a "-", the use is prohibited within the Planning Area.
Description of Use
A
Area lA &l B Area 2
(El) (ER)
Art Gallery P P P
Auditorium P C C
B
Reserved
C
Christmas tree lots P P P
Churches, Temples, religious institutions
Colleges and Universities
Communications and microwave installations (1)
C
C
C
C
C
C
C
C
Community Health Clinics
Community Center P C P
Conference Center P P P
C C
C C C
P P P
P
Congregate care housing
Congregate living health facility
Construction trailer (temporary)
Convalescent homes
C P
D
Day care center P P P
Day care health center P P
E
Reserved
R:IP D 0t2002102-0612 LinfielolCC Ord Zone change, dec 5
Food services (for campus and special events) P P P
G
Garages, public parking C C
Golf courses C P
Golf college or sports training facility C P
Government offices P P
Government services P P
Group home
H
Helipad or heliport C C
Hospital C C
I
Reserved
J
Reserved
K
Reserved
L
Library P P P
M
Maintenance facility (accessory to primary use P C P
only)
Modular classrooms (used as interim classroom P P
space)
Museum P P P
N
Reserved
O
Reserved
P
Parks and recreation areas P P P
Performing arts, theaters and places of public P C
assembly
Police/sheriff station P C
Post office P
Public utilities C C C
Q
Reserved
R
Radio and broadcasting studios P P
Recording studios P P
Religious facilities C C C
Residential - single family detached, school P P P
superintendent or dean's home, caretaker home,
(accessory to private school use only)
R:IP D 0[2002102-0612 Linfield~CC Ord Zone change, doc 6
Residential- single-family attached or duplex P
housing for school faculty
Residential- multiple family housing for school P
faculty
Residential-senior housing C C
Residential- student dorms C C C
S
Schools, public (elementary, jr. high, high school) P P P
Schools, private P C C
Skilled nursing facility C C C
Sports and recreation facilities P P P
T
Trade or vocational schools C C C
U
Utility offices and service yards C C C
V
Reserved
W
Reserved
X
Reserved
Y
Reserved
Z
Reserved
NOTES:
(1) Subject to Section 17.40 of the Temecula Municipal Code.
Legend:
P= Permitted by right in the district
C= Permitted by Conditional Use Permit in the distdct
- = Use is prohibited in the district
(El) = Educational/institutionah Planning Areas lA and lB
(ER) = Educational/Residentiah Planning Area 2
(PI) = Public/Institutional: Planning Area 3
R:IP D 0~002102-0612 Lin field, CC Ord Zone change, doc 7
LINFIELD CHRISTIAN SCHOOL
PLANNING AREA MAP
Rancho Vista Road
Pauba Road
Green Tree Lane
LEGEND:
Planning Area lA
Planning Area lB
Planning Area 2
Planning Area 3
56.89 acres
4.78 acres
9.81 acres
22.29 acres
Educational/Institutional (El)
Educational/Institutional (El)
Educational/Residential (ER)
Public/Institutional (PI)
EXHIBIT 17.22.186.A
R:~P D 0~002~02-0612 Linfielo~CC Ord Zone change, doc 8
17.22.188 Supplemental Development Standards
Permitted and conditionally permitted uses within PDO-7 shall comply with the development
standards of the underlying Public/Institutional zoning district except as modified or augmented
by the standards contained in this section.
A. General
All new development occurring within Planning Areas lA and lB shall be in
substantial conformance with the Linfield Christian School Master Plan, provided
that modifications of up to 20% of the estimated square footage of the individual
or combined structures may be approved by the Planning Director. Minor
modifications to the site location or number of new facilities may also be
approved by the Planning Director. Major modifications to the overall scale,
intensity or intended land uses within the Planning Areas shall be referred to the
Planning Commission for approval.
All new development deemed to be in compliance with the Linfield Master Plan
and Design Guidelines shall be subject to the Administrative Review process,
pursuant to Section 17.05.020 of the Temecula Development Code.
Development proposals for faculty housing units within Planning Area 2 of PDO-7
shall be subject to the development standards of the Medium Density Residential
(M) zoning district, and will require review and approval of a Development Plan
by the Planning Commission. The maximum number of residences to be
developed in Planning Area 2 is 26.
B. Setbacks
Landscape setbacks along the Pauba Road and Rancho Vista Road street
frontages shall be an average of twenty (20) feet, except for Planning Area lB
which shall be a minimum of five (5) feet, due to the presence of the existing
Elementary School parking lot. The overall average front setback along either
roadway shall be no les than 20 feet.
2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link
fencing are permitted to be located within the landscaped setback area.
C. Building Height
Structures within Planning Area 1 shall not exceed two stories, or forty-five (45)
feet in height. Architectural projections such as mansards, towers and other
design elements shall be permitted to extend an additional ten (10) feet above
the height of the building. Structures designed as split-level in order to
accommodate the existing site grades are permitted up to a height of sixty (60)
feet as measured from the lowest grade. Any structures over forty five (45) feet
in height shall be located a minimum of 100 feet from the nearest property line,
and a minimum of 250 feet from the property line of any single-family residential
structure.
R:tP D 012002102-0612 LinfielolCC Ord Zone change, doc 9
2. Single family residential and multi-family residential structures shall not exceed
two stories, or a maximum of thirty (30) feet in height.
D. Parking
Parking requirements for assembly facilities within Planning Area 1 shall be
considered as shared parking in conjunction with the standard spaces required
under the Development Code for school parking. This determination applies to
those assembly or special event facilities primarily used by the student
population and faculty during the school day, or those facilities conducting events
after school or in the evening hours when regular school parking is available.
In order to provide sufficient onsite parking in the case of a special event on
campus, and to prevent potential overflow parking on surrounding public streets,
temporary, special event parking may be provided on designated outdoor play
courts in Planning Area 1. Such temporary parking areas shall be clearly
identified, and cease operation at the conclusion of the special event.
E. Landscaping and Fencing
1. Landscaping within parking lot areas shall be consistent with Section
17.24.050.H of the Temecula Development Code, with the following exceptions:
Landscaped planters shall not be required within the interior of parking
lots except for at the ends of each row of parking spaces, due to the need
to insure clear visibility in parking areas for campus security purposes.
Required trees within the parking lot area shall be limited to the islands at
the end of the parking rows, and within the landscaped areas at the
perimeter of the parking lot. Trees shall be minimum fifteen-gallon
containers, and may be spaced in a liner fashion around the perimeter or
clustered. Trees shall be provided at a ratio of 1 tree for every 4 required
parking spaces. Due to the extensive amount of existing mature trees
within the District, and the internal nature of the parking lots within the
landscaped setting, existing trees immediately adjacent to parking lots
shall be included in the required count of parking lot trees.
c. Parking lot landscaping standards shall only apply to new or substantially
redeveloped parking lot areas within the District.
Fencing for school facilities and outdoor recreation areas shall be exempt from
the fence height requirements of Section 17.12.050 of the Public/Institutional
District of the Temecula Development Code. Acceptable fencing materials
include finished wrought iron or tubular steel, chain link, vinyl and decorative
masonry.
R:IP D 0t2002102-0612 Linfielo~CC Ord Zone change.doc 10
ATrACHMENT NO. 3
DRAFT RESOLUTION APPROVING A CONDITIONAL USE PERMIT
R:\P D O~2002\02-0612 Linfiel~CC Staff Repor~-I .doc
8
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA01-0653, A CONDITIONAL USE PERMIT TO ESTABLISH A
MASTER PLAN AND DESIGN GUIDELINES FOR A PRIVATE
SCHOOL COMPLEX, ATHLETIC FIELDS AND RELATED
FACILITIES, AND FUTURE RESIDENTIAL AREA FOR UP TO
26 RESIDENTS ON A 94 ACRE SITE, GENERALLY LOCATED
BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST
OF MEADOWS PARKWAY AND EAST OF MARGARITA ROAD
AND KNOWN AS ASSESSORS PARCEL NO. 955-002-002.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. Karen Raftery, Linfield Christian School, filed Planning Application No. PA01-
0653, a Conditional Use Permit to establish a master plan and design guidelines for a private
school complex, athletic fields and related facilities and a future residential area for up to 26
residents on a 94 acres site located between Rancho Vista Road and Pauba Road, west of
Meadows Parkway and east of Margarita Road, known as Assessor's Parcel No. 955-002-002
("Project").
B. The application for the Project was processed and an environmental review was
conducted as required by the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held a duly noticed public
hearing on May 21,2003 to consider the application for the Project.
D. Following consideration of the entire record of information received at the public
hearing and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2003-033, recommending that the City Council approve Planning Application No.
PA01-0653, a Conditional Use Permit to establish a master plan and design guidelines for a
private school complex, athletic fields and related facilities and a future residential area for up to
26 residents on a 94 acres site located between Rancho Vista Road and Pauba Road, west of
Meadows Parkway and east of Margarita Road, known as Assessor's Parcel No. 955-002-002
E. On July 8, 2003, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
F. On July 8, 2003, the City Council of the City of Temecula approved a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted
Resolution No. 03- , which was prepared pursuant to CEQA Guidelines Section 15072.
R:\P D O~2002\02-0612 Linfleld\CC Reso CUP.doc
1
Section 2. In approving the Conditional Use Permit to establish a master plan and
design guidelines for a private school complex, athletic fields and related facilities and a future
residential area for up to 26 residents on a 94 acres site, the City Council of the City of
Temecula hereby makes the following findings:
A. The proposed project is consistent with the Land Use Element of the general
plan. The PDO meets the purpose and intent of as conditional use permit as defined in section
17.04.010A of the Development Code.
B. The proposed conditional use is compatible with the nature, condition and
development of the adjacent uses, buildings and structures, because the proposed uses are
similar or function similar to the surrounding uses in the immediate area, which includes schools
and single family residences.
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping,
and other development features prescribed in the development code and required by the
Council in order to integrate the use with other uses in the neighborhood because the project
has been proposed in a manner that the site can accommodate the necessary improvements
including fencing, walls, yards, parking, loading areas, landscaping, buffer areas and other
features prescribed in the PDO text and Master Plan and Design Guidelines. In addition, the
project includes conditions of approval and a mitigation monitoring program that ensure the
project integrates the use with other uses in the neighborhood.
D. The nature of the proposed conditional use will not be detrimental to the general
welfare of the community because the proposed PDO is consistent with the land use
surrounding the project site, which includes residential and educational facilities. The applicant
has submitted traffic reports and staff has concluded that the 26 additional residences will not
have a negative impact, therefore additional improvements will not be required.
E. The decision to approve that portion of Planning Application No. PA01-0653, a
Conditional Use Permit to establish a master plan and design guidelines for a private school
complex, athletic fields and related facilities and a future residential area for up to 26 residents
on a 94 acres site was based on substantial evidence in view of the record as a whole before
the City Council.
Section 3. The City Council of the City of Temecula hereby approves Planning
Application No. PA01-0653, a Conditional Use Permit to establish a master plan and design
guidelines for a private school complex, athletic fields and related facilities and a future
residential area for up to 26 residents on a 94 acres site located between Rancho Vista Road
and Pauba Road, west of Meadows Parkway and east of Margarita Road, known as Assessor's
Parcel No. 955-02-002, subject to the specific conditions of approval set forth in Exhibit A,
attached hereto, and incorporated herein by this reference as though set forth in full.
R:\P D O~2002\02-0612 Linfield~CC Reso CUP.doc
2
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2003
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8th day of July, 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\P D O~2002\02-0612 Linfield\CC Reso CUP.doc
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EXHIBIT A
CONDITIONS OF APPROVAL
R:\P D O~2002\02-0612 Linfield~CC Reso CUP.doc
4
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
PA01-0653 (Conditional Use Permit)
Project Description:
A Conditional Use Permit to establish future
educational, recreational, institutional, and
residential facilities on 93.77 acres and to adopt
a Master Plan and Design Guidelines
Assessor's Parcel No.:
955-002-002
Approval Date:
July 8, 2003
Expiration Date:
July 8, 2005
PLANNING DIVlSlON
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Three
Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two
Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section
711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative tee, to enable the
City to file the Notice of Determination for the Mitigated or Negative Declaration required
under Public Resources Code Section 21108(a) and California Code of Regulations
Section 15075. If within said forty-eight (48) hour period the applicant/developer has not
delivered to the Planning Department the check as required above, the approval for the
project granted shall be void by reason of failure of condition [Fish and Game Code
Section 711.4(c)].
General Requirements
The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly notify
both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
R:\P D O~002\02-0612 Linfield~CC Reso CUP.doc
5
All these conditions shall be complied with prior to any occupancy or use allowed by this
conditional use permit.
The applicant shall comply with the Mitigation Monitoring Program for Planning
Application NO. PA01-0653 and PA02-0612).
A follow-up raptor survey shall be prepared and submitted to staff for review as
recommended in the raptor nesting survey, prepared by L & L Environmental Inc., dated
March 21, 2002. Said survey shall take place during the raptor-breeding season as
recommended by a qualified biologist.
The applicant shall comply with their Statement of Operations and Master Plan
Document dated February 21, 2003, on file with the Community Development
Department - Planning Division, unless superceded by these conditions of approval.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
The Applicant shall submit ten (10) copies of the Amended Master Plan and Design
Guidelines document to the Planning Department within 30 days of the approval date.
The following revisions are required:
a. The Master Plan shall be revised to eliminate the word Master for Master
Conditional Use Permit in all locations of the Master Plan and Design Guidelines.
b. Section 2.4.8 on page 16 of the Master Plan and Design Guidelines shall be
revised to read as follows: "Based upon the available net acreage of the site and
building design, a maximum of 26 residences may be developed within Planning
Area 2."
c. A section shall be added requiring Planning Area 2 to provide a direct access
path intended for vehicular and/or pedestrians to the main campus facility.
d. Language indicating that only those trees existing immediately adjacent to
parking lots shall be included in the required count of parking lot trees.
e. The bottom line of the front cover sheet of the Master Plan document to read: For
Conditional Use Permit PA01-0653.
f. The Design Guidelines shall include specific language that student drop-off
zones adjacent to residential zones are to be enhanced by the landscaping of
shrubs and. trees.
g. All exhibits within the Master Plan shall be revised to be consistent with each
other, as shown on exhibit 2.2.B.
h. Table 3.4.3 shall be revised to indicate the use of Mosco lighting for recreation
fields and courts.
i. Section 3.2.2 shall be revised to include stucco finish as a permitted finish.
j. Section 3.3.5 shall be revised to include vinyl fencing as a type of fencing
permitted.
R:\P D 0~2002\02-0612 Linfield\CC Reso CUP.doc
6
The fencing plan. Figure 3.3.5 must be revised to accurately reflect the type of
fencing existing and proposed, including height and type and provide separate
symbols for each type of fencing.
Language indicating that mitigation and landscaping for the drainage course
located along the western portion of the project site will be required and
determined by the California Department of Fish and Game as part of the 1603
permit should be included into the Master Plan text.
The area immediately south east of the lake should be identified as habitat area
and planted with native habitat to support this issue. This should be clearly
labeled on the exhibits in the Master Plan and included in the text document.
Delete Cortaderia selloana from Table 3.3.6 unless sterile varieties are used.
Delete Schinus terebinthifolius from Table 3.3.6, as it is not zoned for the
Temecula area.
Language indicating wall vines and additional appropriate trees shall be provided
along retaining walls.
Add the following language into the Master Plan and Design Guidelines:
1 ) Structures existing on the Linfield Christian School campus as of the date
of adoption of this ordinance shall be considered "grandfathered" in
regard to any new development standards, setbacks, and design
guidelines adopted subsequent to the original construction date of these
facilities.
2) All new development occurring in PDO-7 shall be in substantial
conformance with the Linfield Christian School Master Plan Design
Guidelines approved in conjunction with Conditional Use Permit # PA01-
0653.
3) Future Development in Planning Area 2 shall be consistent with the
design theme, materials, and color palette established for the main
campus in Planning Area lA, as set forth in the Master CUP and Design
Guidelines for the Linfield Christian School. In Planning Area 3, the
design and architecture shall be consistent with the currently approved
plans for the Golf College Training Facility. In the event this use is not
established, future development in Planning Area 3 shall conform to the
Design Guidelines established for Planning Area lA in the Master CUP
for the Linfield Christian School.
4) Buildings constructed with pre-finished metal panels and set on a
permanent foundation are permissible for maintenance and storage
buildings within Planning Area 1. Said buildings shall be treated with
rust-proof, powder coated paints, and shall be consistent with the main
color theme established for the campus.
5) Chain link fencing located at property boundaries adjacent to residential
uses shall incorporate vines or screening hedges to provide greater
privacy. Installation of screening plant materials along existing fences
shall be provided in conjunction with the Development Plan approval for
the affected Development Sub-Area, as shown in the Master CUP for the
Linfield Christian School.
R:\P D O~002\02-0612 Linfield\CC Reso CUP.doc
7
10.
The lighting plan shall be revised and submitted to staff to verify consistency with the
Mount Palomar Lighting Ordinance 655. Lighting proposed adjacent to residential lots
shall be setback twice the distance of the height of the fixture up to 25 feet. All lighting
shall be fully shielded and directed down and reduce glare onto adjacent parcels.
11.
All conditions shall be complied with prior to any occupancy or use allowed by this
Development Plan.
FIRE DEPARTMENT
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
12.
Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy; use, the
California Building Code (CBC), California Fire Code (CFC), and related codes, which
are in force at the time of building, plan submittal.
13.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 4000 GPM
at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 860 GPM
for a total fire flow of 4850 GPM with a 4-hour duration. The required fire flow for each
building may vary and may be adjusted during the approval process to reflect changes in
design, construction type, or automatic fire protection measures as approved by the Fire
Prevention Bureau. The Fire Flow as given above has taken into account all information
as provided. (CFC 903.2, Appendix Ill-A)
COMMUNITY SERVICES
14.
Prior to issuance of a building permit additional residential units will be subject to
Quimby in-lieu fees calculated in accordance with Temecula's Subdivision Ordinance
16.33 and will be due prior to the issuance of any building permits for these new
dwellings.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Name printed
Date
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8
A'I-rACHMENT NO. 4
DRAFT RESOLUTION APPROVING A DEVELOPMENT PLAN
R:\P D O~002~02-0612 Linfield\CC Staff Report-l.doc
9
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA01-0653, A DEVELOPMENT PLAN APPLICATION FOR
PHASE A-1 OF THE LINFIELD SCHOOL MASTER PLAN TO
INCLUDE A TWO STORY HIGH SCHOOL BUILDING
TOTALLING APPROXIMATELY 38,358 SQUARE FEET AND
AN APPROXIMATELY 9,728 SQUARE FOOT ONE STORY
ADMINISTRATIVE OFFICE BUILDING, GENERALLY LOCATED
BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST
OF MEADOW PARKWAY AND EAST OF MARGARITA ROAD
AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. Karen Raftery, Linfield Christian School, filed Planning Application No. PA01-
0653, A Development Plan for phase A-1 of the Linfield School master plan to include a two
story high school building totaling approximately 38,358 square feet and an approximately 9,728
square foot one story administrative office building, generally located between Rancho Vista
Road and Pauba Road, west of meadows Parkway and east of Margarita Road, known as
Assessor's Parcel No. 955-002-002 ("Project").
B. The application for the Project was processed and an environmental review was
conducted as required by the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held a duly noticed public
hearing on May 21,2003 to consider the application for the Project.
D. Following consideration of the entire record of information received at the public
hearing and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2003-034, recommending that the City Council approve Planning Application No.
01-0653, A Development Plan for phase A-1 of the Linfield School master plan to include a two
story high school building totaling approximately 38,358 square feet and an approximately 9,728
square foot one story administrative office building generally located between Rancho Vista
Road and Pauba Road, west of meadows Parkway and east of Margarita Road, known as
Assessor's Parcel No. 955-002-002.
E. On July 8, 2003, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
F. On July 8, 2003, the City Council of the City of Temecula approved a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted
Resolution No. 03- , which was prepared pursuant to CEQA Guidelines Section 15072.
R:\P D O~002\02-0612 Linfield~CC Reso DP.doc
1
Section 2.
findings:
The City Council of the City of Temecula hereby makes the following
A. The proposal is consistent with the land use designation and policies reflected for
Public Institutional (PI) development in the City of Temecula General Plan. The General Plan
has listed the proposed uses as typical uses in the Public Institutional designation. The
proposed project includes a Planned Development Overlay (PDOo7) with permitted uses within
the project site. The proposed project is consistent with the use regulations outlined in the PDO.
The project has been conditioned by the Building Department and Fire Prevention Bureau to
comply with all applicable Building and Fire Codes.
B. The proposed project is consistent with the development standards outlined in
PDO. The proposed architecture and site layout for the project has been reviewed utilizing the
Master Plan and Design Guidelines of the Linfield Christian School. The proposed project has
met the performance standards in regards to circulation; architectural design and site plan
design.
Section 3. The City Council of the City of Temecula hereby approves Planning
Application No. 01-0653, A Development Plan for phase A-1 of the Linfield School Master Plan
to include a two story high school building totaling approximately 38,358 square feet and an
approximately 9,728 square foot one story administrative office building generally located
between Rancho Vista Road and Pauba Road, west of meadows Parkway and east of
Margarita Road, known as Assessor's Parcel No. 955-002-002, subject to the specific
conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by this
reference as though set forth in full.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2003
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8~h day of July, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PA01-0653 (Development Plan)
Project Description:
A Development Plan application for Phase A-1
of the Linfield School Master Plan, an
approximately 38,358 square foot, two story
high school building and an approximately
9,728 square foot single story administrative
office building.
DIF Category:
Public Institutional (Educational)
Assessor's Parcel No.:
955-002-002
Approval Date:
Expiration Date:
May 21, 2003
May 21, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of One thousand three hundred and
fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file
the Notice of Determination required under Public Resources Code Section 21108(b)
and California Code of Regulations Section 15075. If within said forty-eight (48) hour
period the applicant has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition
[Fish and Game Code Section 711.4(c)].
General Requirements
The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed o}ficials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly notify
both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
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7.
8.
9.
10.
11.
12.
13.
14.
15.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The development of the premises shall substantially conform to the approved Exhibits
"E" (Site Plan), contained on file with the Planning Department.
Landscaping shall substantially conform to the approved Exhibit "N" (Conceptual
Landscape Plan). Landscaping installed for the project shall be continuously maintained
to the reasonable satisfaction of the Director of Planning. If it is determined that the
landscaping is not being maintained, the Director of Planning shall have the authority to
require the property owner to bring the landscaping into conformance with the approved
landscape plan. The continued maintenance of all landscaped areas shall be the
responsibility of the developer or any successors in interest.
The applicant shall screen all roof mounted mechanical equipment from view of the
adjacent residences, utilizing architectural elements as a screening method.
Ground cover shall be used to fill in all shrub beds and all landscape areas below trees.
Ground covers and spacing shall be as approved by the planning Director.
Species and varieties of all shrubs and trees used shall be as approved by the Planning
Director.
........ '~ bs' *~'" D~,,,,~,,,, r~,,,,,,,,, (Deleted at Planning Commission hearing
5/21/03)
Provide a minimum 5' width planting area at the ends of all parking rows. The planter
length is to be equal to the adjoining parking space. The planter is to contain a minimum
of one tree, shrubs and ground covers.
Provide a minimum of one broad canopy type tree per 4 parking spaces.
Plants shall be provided at sizes to meet minimum City of Temecula Development Code
and City-Wide Design Guideline requirements and recommendations.
All utilities shall be screened from view. Show and label all utilities on landscape plans
and provide appropriate screening. Provide a 3' clear zone around fire check detectors
as required by the Fire Department before starting the screen. Group utilities together in
order to reduce intrusion.
Substitute shrubs shall be provided for Lantana and Carissa as they are not zoned for
the Temecula area.
Wall vines and additional appropriate trees shall be provided along the segmental
retaining wall located to the north and west of the Phase 1 classroom building as
approved by the Planning Director.
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16.
Areas proposed for development in another phase occurring not within six months of the
completion of the previous phase shall be temporarily tufted, seeded and irrigated for
dust and soil erosion control as approved by the Planning Director.
17.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
18.
The applicant shall comply with the Mitigation Monitoring Program for Planning
Application NO. PA01-0653 and PA02-0612).
Prior to Issuance of Grading Permits
19.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Community Development Department - Planning Division staff, and
return one signed set to the Community Development Department - Planning Division for
their files.
20.
The applicant shall submit a revised parking lot lighting plan to the Planning Department,
which meets the requirements of the Development Code, Master Plan and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to
not adversely impact the growth potential of the parking lot trees and not to impact
neighbors.
21.
A copy of the Grading Plan shall be submitted and approved by the Planning
Department.
22.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
Ordinance or by providing documented evidence that the fees have already been paid.
Prior to the Issuance of Building Permits
23. A separate building permit shall be required for all signage.
24.
An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
25. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
26.
The construction plans shall indicate the application of painted rooftop addressing
plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The
numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow
paint applied over a contrasting background. The address shall be oriented to the street
and placed as closely as possible to the edge of the building closest to the street.
27.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform substantially with the
approved Exhibit "F', or as amended by these conditions. The location, number, genus,
species, and container size of the plants shall be shown. The plans shall be consistent
with the Water Efficient Ordinance. The plans shall be accompanied by the fo[lowing
items:
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Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
One (1) copy of the approved grading plan.
Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
Total cost estimate of plantings and irrigation (in accordance with approved plan).
A landscape maintenance program shall be submitted for approval, which details
the proper maintenance of all proposed plant materials to assure proper growth
and landscape development for the long-term esthetics of the property. The
approved maintenance program shall be provided to the landscape maintenance
contractor who shall be responsible to carry out the detailed program.
Prior to Building Occupancy
28.
The property owner shall fully install all required landscaping and irrigation, and submit a
landscape maintenance bond in a form and amount approved by the Planning
Department for a period of one-year from the date of the first occupancy permit.
29.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
30.
The construction plans shall indicate the application of painted rooftop addressing
plotted on a 9-inch grid pattern with 45cinch tall numerals spaced 9-inch apart. The
numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow
paint applied over a contrasting background. The address shall be oriented to the street
and placed as closely as possible to the edge of the building or monument sign closest
to the street.
DEPARTMENT OF PUBLIC WORKS
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all
existing and proposed property lines, easements, traveled ways, improvement constraints and
drainage courses, and their omission may require the project to be resubmitted for further
review and revision.
General Requirements
31.
A Grading Permit for either rough and/or precise grading, including all on-site flat work
and improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
32.
An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
33.
All improvement plans, grading plans, shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
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34.
The Developer shall construct public improvements in conformance with applicable City
Standards and subject to approval by the Director of the Department of Public Works.
a. Street improvements, which may include, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing, striping,
traffic signal systems, and other traffic control devices as appropriate
b. Storm drain facilities
c. Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
35.
A construction area Traffic ControI Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department
of Public Works.
Prior to Issuance of a Grading Permit
36.
A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed
and approved by the Department of Public Works. The grading plan shall include all
necessary erosion control measures needed to adequately protect adjacent public and
private property.
37.
The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
38.
A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to
the Director of the Department of Public Works with the initial grading plan check. The
report shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
39.
The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site
and upstream of this site. The study shall identify all existing or proposed public or
private drainage facilities intended to discharge this runoff. The study shall also analyze
and identify impacts to downstream properties and provide specific recommendations to
protect the properties and mitigate any impacts. Any upgrading or upsizing of
downstream facilities, including acquisition of drainage or access easements necessary
to make required improvements, shall be provided by the Developer.
40.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
41.
As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
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a. San Diego Regional Water Quality Control Board
b. Planning Department
c. Department of Public Works
42.
The Developer shall comply with all constraints, which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
43.
Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
44.
The Developer shall obtain any necessary letters of approval or slope easements for off-
site work performed on adjacent properties as directed by the Department of Public
Works.
45.
A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
46.
A Geological Report shall be prepared by a qualified engineer or geologist and
submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and the geological conditions of the site, and
shall provide recommendations to mitigate the impact of ground shaking and
liquefaction.
Prior to Issuance of the Ist Building Permit
47. The Developer shall design and guarantee construction of the following public
improvements to City of Temecula General Plan standards unless otherwise noted.
Plans shall be reviewed and approved by the Director of the Department of Public
Works:
a. Improve Pauba Road (Secondary Highway Standards - 88' FI,NV) to include
dedication of half-width street right-of-way, installation of half-width street
improvements from 720' east of Linfield Way to the West Boundary of the site,
paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer). This work can be
phased with phase 1 being completed with the relocation of the entry road.
Phase 2 would be the roadway in front of the elementary school and completed
with Certificate of Occupancy of any new buildings located east of Linfield Way
on Pauba Road or within 5 years, whichever occurs first. Phase 3 would include
the remaining improvements adjacent to Planning Area 2 (Future Faculty
Housing) to the west boundary of the site and would be completed with the first
building permit within Planning Area 2 or within 10 years, whichever occurs first.
b. Improve Rancho Vista Road (Secondary Highway Standards - 88' RNV) to
include dedication of half-width street right-of-way, installation of half-width street
improvements along the North Boundary frontage, paving, curb and gutter,
sidewalk, street lights, drainage facilities, signing and striping, utilities (including
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48.
49.
50.
but not limited to water and sewer). These improvements may be deferred until a
driveway connection is made to Rancho Vista Road or Phase 3, whichever
occurs first.
c. Improve Green Tree Road (Local Road Standards - 60' PJW) to include
dedication of half-width street right-of-way, installation of half-width street
improvement from,.,~, ~ ..... ~,..~*" Pauba Road to the North Boundary, paving, curb
and gutter, sidewalk, street light, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer). These improvements may be
deferred until Phase 2 improvements are required. (Revised at Planning
Commission hearing 5/21/03)
Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards subject to approval by the Director of the Department of Public
Works. The following design criteria shall be observed:
a. Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Driveways shall conform to the applicable City of Temecula Standard No. 207A.
c. Streetlights shall be installed along the public streets adjoining the site in accordance
with City Standard No. 800, 801,802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400,401, and 402.
e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. All street and driveway centerline intersections shall be at 90 degrees.
g. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flow line grades.
h. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
t~ .... ,.~., ........ * "~ ~'~'q~" ^'^ ~ (Deleted at Planning Commission hearing
5121/03)
Install a traffic signal at the intersection of Pauba Road and Linfield Way to
include signal interconnect with the signal(s) at the intersection(s) of Pauba Road
and Margarita Road. Work must be designed, bonded and a contract let prior to
issuance of the first building permit. (Added at Planning Commission hearing
5/21/03)
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51.
A School Zone signing and striping plan, per Caltrans standards, shall be
designed by a registered Civil Engineer for the school site within this project and
included with the street improvement plans for the project. Design shall also
include a warrant analysis for a flashing yellow beacon and if warrants are met,
shall be installed by the developer. (Added at Planning Commission hearing
5/21/03)
52.
The building pad shall be certified to have been substantially constructed in
accordance with the approved Precise Grading Plan by a registered Civil
Engineer, and the Soil Engineer shall issue a Final Soil Report addressing
compaction and site conditions. (Added at Planning Commission hearing 5/21/03)
53.
The Developer shall obtain an easement for ingress and egress over the adjacent
property. (Added at Planning Commission hearing 5/21/03)
54. All proposed storm drain systems shown onsite shall be privately maintained.
55.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
56.
The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Prior to Issuance of a Certificate of Occupancy
57.
All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
58.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
59.
The existing improvements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Director of the
Department of Public Works.
60.
Prior to the issuance of the Certificate of Occupancy, all public improvements shall be
constructed and completed per the approved plans and City Standards to the
satisfaction of the Director of the Department of Public Works.
COMMUNITY SERVlCES DEPARTMENT
61.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
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62. Streetlights on the private interior streets will be maintained by the property owner.
63.
All perimeter walls, entry monumentation, parkways, landscaping, pedestrian accesses,
private recreational amenities and open space shall be maintained by the property
owner.
64.
Street improvements will include Class II bike lanes on Pauba and Rancho Vista Roads.
Any damage caused to the existing Class II bike lanes on Pauba and Rancho Vista
Roads as a result of construction shall be repaired or replaced, as determined by Public
Works.
65.
Developer shall provide adequate space for a recycling bin within the trash enclosure
area.
66.
An irrevocable Offer to Dedicate in fee shall be provided to the City of Temecula for the
area which includes the MWD easement along the westerly boundary for a future multi-
use trail as identified in the Multi-Use Trails and Bikeways Master Plan. The offer to
dedicate shall be provided not later than six months following the approval date of the
project. The offer shall remain until the City either accepts the offer or expressly
relinquishes the offer.
BUILDING DEPARTMENT
67.
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
68.
The City of Temecula has adopted an ordinance to collect fees for a Riverside County
area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this
ordinance on March 31,2003, this project will be subject to payment of these fees at the
time of building permit issuance. The fees shall be subject to the provisions of Ordinance
03-01 and the fee schedule in effect at the time of building permit issuance.
69.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All streetlights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way.
70.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
71.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
72. Obtain street addressing for all proposed buildings prior to submittal for plan review.
73.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1, 1998)
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74. Provide disabled access from the public way to the main entrance of the building(s).
75.
Provide van accessible parking located as close as possible to the main entry of the
building(s).
76.
Provide house electrical meter provisions for power for the operation of exterior lighting,
fire alarm systems.
77.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
78.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
79.
Provide electrical plan including Icad calculations and panel schedule, plumbing
schematic and mechanical plan for plan review.
80.
Truss calculations that are stamped by the engineer of record and the truss
manufacturer engineer are required for plan review submittal.
81.
Provide precise grading plan at plan check submittal to check accessibility for persons
with disabilities.
82.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
83.
Trash enclosures, patio covers, light standard and any block walls if not on the approved
building plans, will require separate approvals and permits.
84. Show all building setbacks.
85.
Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any
site within one-quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sunday or Government Holidays
FIRE DEPARTMENT
86.
Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy; use, the
California Building Code (CBC), California Fire Code (CFC), and related codes, which
are in force at the time of building, plan submittal.
87.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of ail commercial buildings per CFC Appendix III.A, Table A-Iii-A-1. The
developer shall provide for this project, a water system capable of delivering 4000 GPM
at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM
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88.
89.
90.
91.
92.
93.
94.
95.
96.
for a total fire flow of 4850 GPM with a 4-hour duration. The required fire flow for each
building may vary and may be adjusted during the approval process 1o reflect changes in
design, construction type, or automatic fire protection measures as approved by the Fire
Prevention Bureau. The Fire Flow as given above has taken into account all information
as provided. (CFC 903.2, Appendix Ill-A)
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix Ill-B, Table A-Ill-B-1. A minimum of hydrants for each building will be set at
time of water plan submission, but the complex overall shall provide on-site hydrants (6"
x 4" x 2-2 1/2" outlets) on a looped system and they shall be located on fire access
roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each
intersection and shall be located no more than 210 feet from any point on the street or
Fire Department access road(s) frontage to an hydrant. The required fire flow shall be
available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B).
As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-site fire hydrants and mains capable of supplying
the required fire flow shall be provided. For this project on site fire hydrants are
required. (CFC 903.2)
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surtace for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of
.25 feet. (CFC sec 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6)inches. (CFC 902.2.2.1)
The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
All traffic-calming devices that could impede or slow emergency vehicle access are
prohibited, except those expressly approved by the fire prevention bureau individually on
a case-by-case basis when they maintain the required travel widths and radii.
Prior to building construction, dead end roadways and streets in excess of one hundred
and fifty (150) feet, which have not been completed, shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
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97.
98.
99.
100.
101.
102.
103.
104.
Prior to any building construction, this development shall have two (2) points of access,
via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC
902.2.1)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, and spacing and minimum fire
flow standards. After the local water company signs the plans, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6)
inch high letters and/or numbers on both the front and rear doors. Single-family
residences and multi-family residential units shall have four (4) inch letters and /or
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
Prior to issuance of a Certificate of Occupancy or building final, a directory display
monument sign shall be required for this school facility. The complex shall have an
illuminated diagrammatic layout of the complex, which indicates the name of the
complex, all streets, building identification, unit numbers, and fire hydrant locations
within the complex. Location of the sign and design specifications shall be submitted to
and be approved by the Fire Prevention Bureau prior to installation.
Prior to issuance of Certificate of Occupancy or building final, based on square footage
and type of construction, occupancy or use, the developer shall install a fire sprinkler
system in each building. Fire sprinkler plans shall be submitted to the Fire Prevention
Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9)
Prior to issuance of Certificate of Occupancy or building final, based on a requirement
for monitoring the sprinkler system, occupancy or use, the developer shall install an fire
alarm system monitored by an approved Underwriters Laboratory listed central station in
each building, and linked together as approved. Plans shall be submitted to the Fire
Prevention Bureau for approval prior to installation. (CFC Article 10)
Prior to the issuance of a Certificate of Occupancy or building final, one or more "Knox-
Box" shall be installed as approved. The Knox-Box shall be installed a minimum of six
(6) feet in height and be located to the right side of the main entrance door. (CFC 902.4)
R:\P D O~002\02-0612 Linfield~CC Reso DP.doc
16
105.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
106.
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane
painting and or signs.
107.
Prior to the issuance of a Certificate of Occupancy or building final, the
developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other
hazardous materials from both the County Health department and Fire Prevention
Bureau.(CFC 7901.3 and 8001.3)
Special Conditions
108.
Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire
prevention for approval. This shall be provided for each building prior to final or C of O
on THAT BUILDING.
109.
If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information.
The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and
projected in a State Plane NAD 83 (California Zone Vi) coordinate system. The Bureau
must accept the data as to completeness, accuracy and format prior to satisfaction of
this condition.
110.
The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105)
111.
The applicant shall submit for review and approval by the Riverside County Department
of Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports. (CFC Appendix II-E)
OUTSIDE AGENCIES
112. The applicant shall consult with the Riverside Transit Agency regarding the attached
letters dated December 5, 2002 and April 28, 2003 from the Riverside Transit Agency.
113. The applicant shall comply with the attached letter dated December 4, 2002 from the
Rancho California Water District.
114. The applicant shall comply with the attached letter dated January 25, 2002 from the
Riverside County Department of Environmental Health.
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17
115,
116,
The applicant shall comply with the attached letter dated February 11,2002 from the
U.S. Department of the Army.
The applicant shall comply with the attached letter dated March 18, 2002 from the
Riverside County Flood Control and Water Conservation District.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Date
Name printed
R:\P D O~002\02-0612 Linfiel~CC Reso DP.doc
18
ATTACHMENT NO. 5
ADOPTED PLANNING COMMISSION RESOLUTIONS
R:\P D O~002\02-0612 Linfieid\CC Staff Repor[-1 .doc
10
PC RESOLUTION NO. 2003-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM, FOR THE LINFIELD SCHOOL MASTER
PLAN," GENERALLY LOCATED NORTH OF PAUBA ROAD,
SOUTH OF RANCHO VISTA ROAD, EAST OF MARGARITA ROAD
AND WEST OF MEADOWS PARKWAY AND KNOWN AS
ASSESSORS PARCEL NO. 955-02-002
WHEREAS, The Linfield Christian School, filed Planning Application No. PA01-0653 and
PA02-0612, in a manner in accord with the City of Temecula General Plan and Development Code
and an initial study was prepared in accordance with CEQA Guidelines;
WHEREAS, a Mitigation Negative Declaration and Mitigation Monitoring Program was
prepared including, in the time and manner prescribed by State, local law and CEQA Guidelines;
WHEREAS, the Planning Commission, at regular meetings, considered Mitigated Negative
Declaration and Mitigation Monitoring Program on May 21,2003, at duly noticed public hearings as
prescribed by law, at which time the City staff and interested persons had an opportunity to and did
testify either in support or in opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended City Council adoption of the Mitigated Negative
Declaration and Mitigation Monitoring Program as attached Exhibit '%" subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Environmental Compliance Recommend Adoption of a Mitigated Negative
Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant
to CEQA Guidelines Section 15072.
R:~P D 0~2002\02-0612 Linfield~taff Report PC-l.doc
Section 3.
Commission this 21st day of May 2003.
ATTEST:
Dibble LJbnoske, Se?etary
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
,John '~slo$io, Co-Chairporson
[SEAL]
STATE OFCALIFORN~-;'~/ )
COUNTY OF R VER,~DE ) 'ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2003-031 was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 21st day of May, 2003, by the following
vote of the Commission:
AYES:
3 PLANNING COMMISSIONERS: Guerriero, Mathewson, Oihasso
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff
ABSTAIN: 1 PLANNING COMMISSIONERS: Telesio
De'bbie Ubnoske, ~'~cretary
R:~ D O~002\02-06l 2 Linfield~Staff Report PC-l.dcc
19
PC RESOLUTION NO. 2003-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OE THE
CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE
ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC
INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY
(PDO-7), AND ADOPT SECTION 17.22.180 INCLUDING THE PDO
TEXT AND DEVELOPMENT STANDARDS," GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST OF MARGARITA ROAD AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL
NO. 955-02-002
WHEREAS, The Linfield Christian School, filed Planning Application No. 02-0612 Zoning
Map Amendment, in a manner in accord with the City of Temecula General Plan and Development
Code;
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at regular meetings, considered the Application on
May 21,2003, at duly noticed public hearings as prescribed by law, at which time the City staff and
interested persons had an opportunity to and did testify either in support or in opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended City Council approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CiTY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findin.qs. The Planning Commission, in approving Planning Application No.
02-0612 (Planned Development Overlay) hereby makes the following findings:
A. The proposal, as conditioned, is consistent with the land use designation and policies
reflected for (PI) Public Institutional of the City General Plan.
B. The site is physically suitable for the type and density of the residential and
educational development proposed.
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21
C. The proposed Planned Development Overlay Zoning District is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat because the project will not approve any specific on-the-ground development and future
development will require additional and appropriate review
Section 2. Environmental Compliance. An environmental initial study has been
prepared for Planning Application No. PA02-0612 in accordance with California Environmental
Quality Act. As a result, staff is recommending that the Planning Commission make a
recommendation to the City Council adopting a Mitigated Negative Declaration and Mitigation
Monitoring Program for this Planning Application (PA02-0612)
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 21 st day of May 2003.
John l~elesio, Co'Chairperson
ATTEST:
[sEAL]
STATE OF CALIFORNfA~'/ )
COUNT, Y OF R!VERStUE/ ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2003-032 was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 21st day of May, 2003, by the following
vote of the Commission:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
AYES: 3
NOES: 0
ABSENT: 1
ABSTAIN: I
Guerriero, Mathewson, Olhasso
None
Chiniaeff
Telesio
Secretary
R:\P D 0~2002\02-0612 Linfield~Staff Report PC-l.doc
22
PC RESOLUTION NO. 2003-033
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA01-0653, A CONDITIONAL USE
PERMIT TO ESTABLISH A MASTER PLAN AND DESIGN
GUIDELINES FOR A PRIVATE SCHOOL COMPLEX, ATHLETIC
FIELDS AND RELATED FACILITIES, AND FUTURE RESIDENTIAL
AREA FOR UP TO 26 RESIDENTS ON A 94 ACRE SITE,"
GENERALLY LOCATED BETWEEN RANCHO VISTA ROAD AND
PAUBA ROAD, WEST OF MEADOWS PARKWAY AND EAST OF
MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NO.
955-02-002
WHEREAS, The Linfield Christian School, filed Planning Application No. PA01-0653 Master
Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at regular meetings, considered Planning Application
No 01-0653 on May 21,2003, at duly noticed public hearings as prescribed by law, at which time the
City staff and interested persons had an opportunity to and did testify either in support or in
opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended City Council approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. The Planning Commission, in recommending approval of the
Application hereby makes the following findings:
A. The proposed project is consistent with the Land Use Element of the General Plan,
because the proposed PDO meets the purpose and intent of a conditional use permit as defined in
Section 17.04,010A of the development code
B. The nature of the proposed conditional use will not be detrimental to the general
welfare of the community, because the proposed PDO is consistent with the land uses surrounding
the project site, which includes residential and educational facilities. The applicant has submitted
traffic reports and staff have concluded that the additional residences will not result in a negative
impact.
R:',P D O\2002\02-0612 Linfield~Staff Report PC-l.doc
24
C. The proposed conditional use permit is compatible with the nature, condition, and
development of adjacent uses, buildings and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings or structures, because the proposed uses are similar or
function similar to the surrounding uses in the immediate area, which include schools and single-
family residences
D. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and
other development features prescribed in this development code and required by the planning
commission or council in order to integrate the use with other uses in the neighborhood, because
the project site maintains vast amounts of open space and is designed to compliment the natural
environmental setting, while establishing clearly defined areas of education and recreation uses with
the use of landscaping and fencing. In addition, if approved, the project will maintain its own set of
development standards to be approved and adopted by the City Council which will govern parking
standards, loading areas, fences, walls, buffer areas and landscaping.
Section 3. Environmental Compliance. Recommend Adoption of a Mitigated Negative
Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant
to CEQA Guidelines Section 15072.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally recommends approval of the Application(s) according to the specific conditions set
forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and
all necessary conditions that may be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 21st day of May 2003.
Joh lo'Q', CoYChairperson
ATTEST:
Debbie Ubnoske, Secre[ary
[SEAL]
R:\P D O~2002\02-0612 IJnfieldXStaff Report PC- I .doc
25
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2003-033 was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 21st day of May, 2003, by the following
vote of the Commission:
AYES:
3 PLANNING COMMISSIONERS: Guerriero, Mathewson, Olhasso
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff
ABSTAIN: 1 PLANNING COMMISSIONERS: Telesio
Debbie Ubnoske, Secretary
R:~ D O~2002\02-0612 Linfi¢ld~taff Repoa PC-l.doc
26
EXHIBIT A
CONDITIONS OF APPROVAL
R:\P D O',2002\02-0612 LinfielaSStaff Report PC-l.doc
27
EXHIBIT A
ClTY OFTEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
PA01-0653 (Conditional Use Permit)
Project Description:
A Conditional Use Permit to establish future
educational, recreational, institutional, and
residential facilities on 93.77 acres and to adopt a
Master Plan and Design Guidelines
Assessor's Parcel No.:
955-02-002
Approval Date:
May 21, 2003
Expiration Date:
May 20, 2005
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Three
Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred
and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus
the Sixty Four Dollars ($64.00) County administrative fee, to enable the Cityto file the Notice
of Determination for the Mitigated or Negative Declaration required under Public Resoumes
Code Section 21108(a) and California Code of Regulations Section 15075. If within said
forty-eight (48) hour period the applicant/developer has not delivered to the Planning
Department the check as required above, the approval for the project granted shall be void
by reason of failure of condition [Fish and Game Code Section 711.4(c)].
General Requirements
The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
All these conditions shall be complied with prior to any occupancy or use allowed by this
conditional use permit.
R:~ D OL2002\02-0612 Linfietd~Staff Report PC-l.doc
28
The applicant shall comply with the Mitigation Monitoring Program for Planning Application
NO. PA01-0653 and PA02-0612).
A follow-up raptor survey shall be prepared and submitted to staff for review as
recommended in the raptor nesting survey, prepared by L & L Environmental Inc., dated
March 21, 2002. Said survey shall take place during the raptor-breeding season as
recommended by a qualified biologist.
The applicant shall comply with their Statement of Operations and Master Plan Document
dated February 21,2003, on file with the Community Development Department - Planning
Division, unless superceded by these conditions of approval.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
The Applicant shall submit ten (10) copies of the Amended Master Plan and Design
Guidelines document to the Planning Department within 30 days of the approval date. The
following revisions are required:
a. The Master Plan shall be revised to eliminate the word Master for Master Conditional
Use Permit in all locations of the Master Plan and Design Guidelines.
b. Section 2.4.8 on page 16 of the Master Plan and Design Guidelines shall be revised
to read as follows: "Based upon the available net acreage of the site and building
design, a maximum of 28 residences may be developed within Planning Area 2."
c. A section shall be added requiring Planning Area 2 to provide a direct access path
intended for vehicular and/or pedestrians to the main campus facility.
d. Language indicating that only those trees existing immediately adjacent to parking
lots shall be included in the required count of parking lot trees.
e. The bottom line of the front cover sheet of the Master Plan document to read: For
Conditional Use Permit PA01-0653.
f. The Design Guidelines shall include specific language that student drop-off zones
adjacent to residential zones are to be enhanced by the landscaping of shrubs and
trees.
All exhibits within the Master Plan shall be revised to be consistent with each other,
as shown on exhibit 2.2.B.
Table 3.4.3 shall be revised to indicate the use of Mosco lighting for recreation fields
and courts.
Section 3.2.2 shall be re~/ised to include stucco finish as a permitted finish.
Section 3.3.5 shall be revised to include vinyl fencing as a type of fencing permitted.
The fencing plan. Figure 3.3.5 must be revised to accurately reflect the bjpe of
fencing existing and proposed, including height and type and provide separate
symbols for each type of fencing.
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29
10.
Language indicating that mitigation and landscaping for the drainage course located
along the western portion of the project site will be required and determined by the
California Department of Fish and Game as part of the 1603 permit should be
included into the Master Plan text.
The area immediately south east of the lake should be identified as habitat area and
planted with native habitat to support this issue. This should be clearly labeled on the
exhibits in the Master Plan and included in the text document.
Delete Cortaderia selloana from Table 3.3.6 unless sterile varieties are used.
Delete Schinus terebinthifolius from Table 3.3.6, as it is not zoned for the Temecula
area.
Language indicating wall vines and additional appropriate trees shall be provided
along retaining walls.
q. Add the following language into the Master Plan and Design Guidelines:
Structures existing on the Linfield Christian School campus as of the date of
adoption of this ordinance shall be considered "grandfathered" in regard to
any new development standards, setbacks, and design guidelines adopted
subsequent to the odginal construction date of these facilities.
All new development occurring in PDO-7 shall be in substantial conformance
with the Linfield Christian School Master Plan Design Guidelines approved in
conjunction with Conditional Use Permit # PA01-0653.
Future Development in Planning Area 2 shall be consistent with the design
theme, materials, and color palette established for the main campus in
Planning Area lA, as set forth in the Master CUP and Design Guidelines for
the Linfield Christian School. In Planning Area 3, the design and architecture
shall be consistent with the currently approved plans for the Golf College
Training Facility. In the event this use is not established, future development
in Planning Area 3 shall conform to the Design Guidelines established for
Planning Area lA in the Master CUP for the Linfield Christian School.
Buildings constructed with pre-finished metal panels and set on a permanent
foundation are permissible for maintenance and storage buildings within
Planning Area 1. Said buildings shall be treated with rust-proof, powder
coated paints, and shall be consistent with the main color theme established
for the campus.
Chain link fencing located at property boundaries adjacent to residential uses
shall incorporate vines or screening hedges to provide greater privacy.
Installation of screening plant materials along existing fences shall be
provided in conjunction with the Development Plan approval for the affected
Development Sub-Area, as shown in the Master CUP for the Linfieid
Christian School.
The lighting plan shall be revised and submitted to staff to verify consistency with the Mount
Palomar Lighting Ordinance 655. Lighting proposed adjacent to residential lots shall be
setback twice the distance of the height of the fixture up to 25 feet. All lighting shall be fully
shielded and directed down and reduce glare onto adjacent parcels.
R:~ D O\2002~02-0612 L,infieldXStaff Report PC-l.doc
30
") 11. All conditions shall be complied with prior to any occupancy or use allowed by this
Development Plan.
FIRE DEPARTMENT
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau,
12.
Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy; use, the
California Building Code (CBC), California Fire Code (CFC), and related codes, which are in
force at the time of building, plan submittal.
13.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 4000 GPM at
20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a
total fire flow of 4850 GPM with a 4-hour duration. The required fire flow for each building
may vary and may be adjusted during the approval process to reflect changes in design,
construction type, or automatic fire protection measures as approved by the Fire Prevention
Bureau. The Fire Flow as given above has taken into account all information as provided.
(CFC 903.2, Appendix Ill-A)
COMMUNITY SERVICES
14.
Prior to issuance of a building permit additional residential units will be subject to Quimby in-
lieu fees calculated in accordance with Temecula's Subdivision Ordinance 16.33 and will be
due prior to the issuance of any building permits for these new dwellings.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Name printed
Date
R:~P D O~2002~02-0612 Linfield~$taff Repor~ PC-1 .doc
31
PC RESOLUTION NO. 2003-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA01-0653, A DEVELOPMENT
PLAN APPLICATION FOR PHASE A-1 OF THE LINFIELD
SCHOOL MASTER PLAN TO INCLUDE A TWO STORY HIGH
SCHOOL BUILDING TOTALING APPROXIMATELY 38,358
SQUARE FEET AND AN APPROXIMATELY 9,728 SQUARE FOOT
ONE STORY ADMINISTRATIVE OFFICE BUILDING,"
GENERALLY LOCATED BETWEEN RANCHO VISTA ROAD AND
PAUBA ROAD, WEST OF MEADOWS PARKWAY AND EAST OF
MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NO.
955-02-002
WHEREAS, The Linfield Christian School, filed Planning Application No. 01-0653
Development Plan Application, in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at regular meetings, considered the Application on
May 21,2003, at duly noticed public hearings as prescribed by law, at which time the City staff and
interested persons had an opportunity to and did testify either in support or in opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended City Council approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, ali legal preconditions to the adoption of this resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. The Planning Commission, in recommending approval of the
Application hereby makes the following findings:
A. The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city because the project includes a
PDO, which allows for a flexibility in uses and development standards and it has been determined
that the development plan application is consistent with the general plan, PDO, state law and ali
applicable city ordinances.
R:~P D O~2002\02-0612 Linfield~Staff Report PC-l.doc
33
B. The overall development of the land is designed for the protection of the public
health, safety and general welfare because the project provides enhanced opportunities for student
facilities and the project has been designed in compliance with the overall master plan, which
provides public improvements to protect the public health, safety and general welfare of the persons
in the area.
Section 3. Environmental Compliance. Recommend Adoption of a Mitigated Negative
Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant
to CEQA Guidelines Section 15072.
Section 4. Approval. That the City of Temecula Planning Commission hereby
recommends that the City Council approve the Resolution for Planning Application No. PA01-0653
(Development Plan), substantially in the form contained in Exhibit "D."
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 21 st day of May 2003.
ATTEST:
John Telesio, Co-Chairperson
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2003-034 was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 21st day of May, 2003, by the following
vote of the Commission:
AYES:
3 PLANNING COMMISSIONERS: Guerriero, Mathewson, Olhasso
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff
ABSTAIN: 1 PLANNING COMMISSIONERS: Telesio
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
PA01-0653 (Development Plan)
Project Description:
A Development Plan application for Phase A-1 of
the Linfield School Master Plan, an approximately
38,358 square foot, two story high school building
and an approximately 9,728 square foot single
story administrative office building.
DIF Category:
Public Institutional (Educational)
Assessor's Parcel No.:
955-02-002
Approval Date:
May 21,2003
Expiration Date:
May 21, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning Division a
cashier's check or money order made payable to the County Clerk in the amount of One
thousand three hundred and fourteen dollars ($1314.00) for the County administrative fee, to
enable the City to file the Notice of Determination required under Public Resoumes Code
Section 21108(b) and California Code of Regulations Section 15075. If within said forty-
eight (48) hour period the applicant has not delivered to the Community Development
Department - Planning Division the check as required above, the approval for the project
granted shall be void by reason of failure of condition [Fish and Game Code Section
711.4(c)].
General Requirements
The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fuJly in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
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7.
8.
9.
10.
11.
12.
13.
14.
15.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The development of the premises shall substantially conform to the approved Exhibits "E"
(Site Plan), contained on file with the Planning Department.
Landscaping shall substantially conform to the approved Exhibit "N" (Conceptual Landscape
Plan). Landscaping installed for the project shall be continuously maintained to the
reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is
not being maintained, the Director of Planning shall have the authority to require the property
owner to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the developer or
any successors in interest.
The applicant shall screen all roof mounted mechanical equipment from view of the adjacent
residences, utilizing architectural elements as a screening method.
Ground cover shall be used to fill in all shrub beds and all landscape areas below trees.
Ground covers and spacing shall be as approved by the planning Director.
Species and varieties of all shrubs and trees used shall be as approved by the Planning
Director.
Schinus molle trees shall be used as street trees along interior streets unless otherwise
approved by the Planning Director.
Provide a minimum 5' width planting area at the ends of all parking rows. The planter length
is to be equal to the adjoining parking space. The planter is to contain a minimum of one
tree, shrubs and ground covers.
Provide a minimum of one broad canopy type tree per 4 parking spaces.
Plants shall be provided at sizes to meet minimum City of Temecula Development Code and
City-Wide Design Guideline requirements and recommendations.
All utilities shall be screened from view. Show and label all utilities on landscape plans and
provide appropriate screening. Provide a 3' clear zone around fire check detectors as
required by the Fire Department before starting the screen. Group utilities together in order
to reduce intrusion.
Substitute shrubs shall be provided for Lantana and Carissa as they are not zoned for the
Temecula area.
Wall vines and additional appropriate trees shall be provided along the segmental retaining
wall located to the north and west of the Phase 1 classroom building as approved by the
Planning Director.
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16.
Areas proposed for development in another phase occurring not within six months of the
completion of the previous phase shall be temporarily tufted, seeded and irrigated for
dust and soil erosion control as approved by the Planning Director.
17.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
18.
The applicant shall comply with the Mitigation Monitoring Program for Planning Application
NO. PA01-0653 and PA02-0612).
Prior to Issuance of Grading Permits
19.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Community Development Department - Planning Division staff, and return one signed
set to the Community Development Department - Planning Division for their files.
20.
The applicant shall submit a revised parking lot lighting plan to the Planning Department,
which meets the requirements of the Development Code, Master Plan and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not
adversely impact the growth potential of the parking lot trees and not to impact neighbors.
21. A copy of the Grading Plan shall be submitted and approved by the Planning Department.
22.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
Prior to the Issuance of Building Permits
23. A separate building permit shall be required for all signage.
24.
An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
25. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
26.
The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be
painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background. The address shall be oriented to the street and placed as closely
as possible to the edge of the building closest to the street.
27.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform substantially with the
approved Exhibit "F", or as amended by these conditions. The location, number, genus,
species, and container size of the plants shall be shown. The plans shall be consistent with
the Water Efficient Ordinance. The plans shall be accompanied by the following items:
Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
One (1) copy of the approved grading plan.
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Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
Total cost estimate of plantings and irrigation (in accordance with approved plan).
A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape development for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
Prior to Building Occupancy
28.
The property owner shall fully install all required landscaping and irrigation, and submit a
landscape maintenance bond in a form and amount approved by the Planning Department
for a period of one-year from the date of the first occupancy permit.
29.
All of the foregoing conditions shall be complied with pdor to occupancy or any use allowed
by this permit.
30.
The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be
painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background. The address shall be oriented to the street and placed as closely as
possible to the edge of the building or monument sign closest to the street.
DEPARTMENT OF PUBLIC WORKS
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all existing
and proposed property lines, easements, traveled ways, improvement constraints and drainage
courses, and their omission may require the project to be resubmitted for further review and revision.
General Requirements
31.
A Grading Permit for either rough and/or precise grading, including all on-site flat work and
improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
32.
An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
33.
All improvement plans, grading plans, shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
34.
The Developer shall construct public improvements in conformance with applicable City
Standards and subject to approval by the Director of the Department of Public Works.
Street improvements, which may include, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic
signal systems, and other traffic control devices as appropriate
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Storm drain facilities
Sewer and domestic water systems
Under grounding of proposed utility distribution lines
35.
A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
Prior to Issuance of a Grading Permit
36.
A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
37.
The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
38.
A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
39.
The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed public or private
drainage facilities intended to discharge this runoff. The study shall also analyze and identify
impacts to downstream properties and provide specific recommendations to protect the
properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities,
including acquisition of drainage or access easements necessary to make required
improvements, shall be provided by the Developer.
40.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
41.
As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Planning Department
c. Department of Public Works
42.
The Developer shall comply with all constraints, which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
43. Permanent landscape and irrigation plans shall be submitted to the Planning Department
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and the Department of Public Works for review and approval.
44.
The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
45.
A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
46.
A Geological Report shall be prepared by a qualified engineer or geologist and submitted to
the Department of Public Works with the initial grading plan check. The report shall address
special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of ground shaking and liquefaction.
Prior to Issuance of the Ist Building Permit
47.
48.
The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Director of the Department of Public Works:
a. Improve Pauba Road (Secondary Highway Standards - 88' R/W) to include
dedication of half-width street right-of-way, installation of half-width street
improvements from 720' east of Linfield Way to the West Boundary of the site,
paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer). This work can be
phased with phase I being completed with the relocation of the entry road. Phase 2
would be the roadway in front of the elementary school and completed with
Certificate of Occupancy of any new buildings located east of Linfield Way on Pauba
Road or within 5 years, whichever occurs first. Phase 3 would include the remaining
improvements adjacent to Planning Area 2 (Future Faculty Housing) to the west
boundary of the site and would be completed with the first building permit within
Planning Area 2 or within 10 years, whichever occurs first.
b. Improve Rancho Vista Road (Secondary Highway Standards - 88' PA/V) to include
dedication of half-width street right-of-way, installation of half-width street
improvements along the North Boundary frontage, paving, curb and gutter, sidewalk,
street lights, drainage facilities, signing and striping, utilities (including but not limited
to water and sewer). These improvements may be deferred until a driveway
connection is made to Rancho Vista Road or Phase 3, whichever occurs first.
c. Improve Green Tree Road (Local Road Standards - 60' PJVV) to include dedication
of half-width street right-of-way, installation of half-width street improvement from
Margarita Road to the North Boundary, paving, curb and gutter, sidewalk, street light,
drainage facilities, signing and striping, utilities (including but not limited to water and
sewer). These improvements may be deferred until Phase 2 improvements are
required.
Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards subject to approval by the Director of the Department of Public Works.
The following design criteria shall be observed:
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a. Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
49.
51.
52.
53.
54.
55.
56.
57.
b. Driveways shall conform to the applicable City of Temecula Standard No. 207A.
Streetlights shall be installed along the public streets adjoining the site in accordance
with City Standard No. 800, 801,802 and 803.
Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400, 401, and 402.
e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. All street and driveway centerline intersections shall be at 90 degrees.
Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flow line grades.
ho
Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
The proposed driveway shown as "emergency/secondary gated ingress-egress" off of
Rancho Vista Road should be re-aligned to match the existing street's location across the
street (i.e. Via El Greco) and/or show how the driveway's access will be restricted (i.e.
restrict movement via median, etc.)
Install a traffic signal at the intersection of Pauba Road and Linfield Way to include signal
interconnect with the signal(s) at the intersection(s) of Pauba Road and Margarita Road.
Work must be designed, bonded and a contract let prior to issuance of the first building
permit.
A School Zone signing and striping plan, per Caltrans standards, shall be designed by a
registered Civil Engineer for the school site within this project and included with the street
improvement plans for the project. Design shall also include a warrant analysis for a flashing
yellow beacon and if warrants are met, shall be installed by the developer.
The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
The Developer shall obtain an easement for ingress and egress over the adjacent property.
All proposed storm drain systems shown onsite shall be privately maintained.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
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Prior to Issuance of a Certificate of Occupancy
58.
All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
59.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
60.
The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
61.
Prior to the issuance of the Certificate of Occupancy, all public improvements shall be
constructed and completed per the approved plans and City Standards to the satisfaction of
the Director of the Department of Public Works.
COMMUNITY SERVICES DEPARTMENT
62.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Onlythe City's franchisee may haul construction debris.
63. Streetlights on the private intedor streets will be maintained by the property owner.
64.
All perimeter walls, entry monumentation, parkways, landscaping, pedestrian accesses,
private recreational amenities and open space shall be maintained by the property owner.
65.
Street improvements will include Class I1 bike lanes on Pauba and Rancho Vista Roads.
Any damage caused to the existing Class II bike lanes on Pauba and Rancho Vista Roads
as a result of construction shall be repaired or replaced, as determined by Public Works.
66. Developer shall provide adequate space for a recycling bin within the trash enclosure area.
67.
An irrevocable Offer to Dedicate in fee shall be provided to the City of Temecula for the area
which includes the MWD easement along the westerly boundary for a future multi-use trail
as identified in the Multi-Use Trails and Bikeways Master Plan. The offer to dedicate shall
be provided not later than six months following the approval date of the project. The offer
shall remain until the City either accepts the offer or expressly relinquishes the offer.
BUILDING DEPARTMENT
68.
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
69.
The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
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70.
71.
72.
73.
74.
75.
76.
77.
78.
79,
80.
81,
82.
83.
84.
85.
Mamh 31,2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee
schedule in effect at the time of building permit issuance.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
Obtain street addressing for all proposed buildings prior to submittal for plan review.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
Provide disabled access from the public way to the main entrance of the building(s).
Provide van accessible parking located as close as possible to the main entry of the
building(s).
Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Provide electrical plan including Icad calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Trash enclosures, patio covers, light standard and any block walls if not on the approved
building plans, will require separate approvals and permits.
Show all building setbacks.
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86.
Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sunday or Government Holidays
FIRE DEPARTMENT
87.
Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy; use, the
California Building Code (CBC), California Fire Code (CFC), and related codes, which are in
force at the time of building, plan submittal.
88.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 4000 GPM at
20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a
total fire flow of 4850 GPM with a 4-hour duration. The required fire flow for each building
may vary and may be adjusted during the approval process to reflect changes in design,
construction type, or automatic fire protection measures as approved by the Fire Prevention
Bureau. The Fire Flow as given above has taken into account all information as provided.
(CFC 903.2, Appendix Ill-A)
89.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix Ill-B, Table A-III-B-1. A minimum of hydrants for each building will be set at time
of water plan submission, but the complex overall shall provide on-site hydrants (6" x 4" x 2-
2 1/2" outlets) on a looped system and they shall be located on fire access reads and
adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection
and shall be located no more than 210 feet from any point on the street or Fire Department
access road(s) frontage to an hydrant. The required fire flow shall be available from any
adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required.
(CFC 903.2, 903.4.2, and Appendix Ill-B).
90.
As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2)
91.
If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction. (CFC 8704.2 and 902.2.2)
92.
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access reads for use until permanent roads
are installed. Temporary Fire Department access reads shall be an all weather surface for
80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
93.
Prior to building final, all locations where structures ara to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
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94.
95.
96.
97.
98.
99.
100.
101.
102.
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet.
(CFC sec 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
All traffic-calming devices that could impede or slow emergency vehicle access are
prohibited, except those expressly approved by the fire prevention bureau individually on a
case-by-case basis when they maintain the required travel widths and radii.
Prior to building construction, dead end roadways and streets in excess of one hundred and
fifty (150) feet, which have not been completed, shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
Prior to any building construction, this development shall have two (2) points of access, via
all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, and spacing and minimum fire flow standards.
After the local water company signs the plans, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 24 1-4.1 )
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markem"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Commemial, multi-family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single-family residences and multi-family
residential units shall have four (4) inch letters and/or numbers, as approved by the Fire
Prevention Bureau. (CFC 901.4.4)
Prior to issuance of a Certificate of Occupancy or building final, a directory display
monument sign shall be required for this school facility. The complex shall have an
illuminated diagrammatic layout of the complex, which indicates the name of the complex, all
streets, building identification, unit numbers, and fire hydrant locations within the complex.
Location of the sign and design specifications shall be submitted to and be approved by the
Fire Prevention Bureau prior to installation.
R:W D O\2002~02-0612 IAafield~Slaff Report PC-l.doc
46
103.
Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system in
each building. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (CFC Article 10, CBC Chapter 9)
104.
Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm
system monitored by an approved Underwriters Laboratory listed central station in each
building, and linked together as approved. Plans shall be submitted to the Fire Prevention
Bureau for approval prior to installation. (CFC Article 10)
105.
Prior to the issuance of a Certificate of Occupancy or building final, one or more "Knox-Box"
shall be installed as approved. The Knox-Box shall be installed a minimum of six (6) feet in
height and be located to the right side of the main entrance door. (CFC 902.4)
106.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
107.
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
108.
Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant
shall be responsible for obtaining underground and/or aboveground tank permits for the
storage of combustible liquids, flammable liquids or any other hazardous materials from both
the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3)
Special Conditions
109.
Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention
for approval. This shall be provided for each building prior to final or C of O on THAT
BUILDING.
110.
If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information. The
electronic file will be provided in an ESRI Arclnfo/ArcView compatibleformat and projected
in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept
the data as to completeness, accuracy and format prior to satisfaction of this condition.
111.
The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection. (CFC 105)
112.
The applicant shall submit for review and approval by the Riverside County Department
of Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports. (CFC Appendix II-E)
R:\P D O\2002X02-0612 Linfield\Staff Report PC*l.doc
47
OUTSIDE AGENCIES
113. The applicant shall consult with the Riverside Transit Agency regarding the attached
letters dated December 5, 2002 and April 28, 2003 from the Riverside Transit Agency.
114. The applicant shall comply with the attached letter dated December 4, 2002 from the
Rancho California Water District.
115. The applicant shall comply with the attached letter dated January 25, 2002 from the
Riverside County Department of Environmental Health.
116. The applicant shall comply with the attached letter dated February 11,2002 from the
U.S. Department of the Army.
117. The applicant shall comply with the attached letter dated Mamh 18, 2002 from the
Riverside County Flood Control and Water Conservation District.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Name printed
Date
R:\P D O\2002\024)612 LinfickhStaff Report PC-l.doc
48
ATTACHMENT NO. 6
DRAFT EXCERPT, PLANNING COMMISSION MINUTES (May 21, 2003)
R:\P D O~2002\02-0612 Linfield\CC Staff Report-l.doc
11
DRAFT EXCERPT FROM
THE MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MAY 21, 2003
(AGENDA ITEM NO. 5)
New Items
Planninq Application No. PA02-0612: A Zoninq Amendment to adopt section
17.22.180 of the Temecula Municipal Code and amend the official Zoninq Map of the
City of Temecula from Public Institutional (PI) to Planned Development Overlay
(PDO-7), PA01-0653: A Conditional Use Permit and Development Plan for a master
plan and desiqn quidelines for the development of Christian school facilities, athletic
fields, and facilities, a residential area, and approve phase A-1 of the master plan
located on the north side of Pauba Road, south of Rancho Vista Road and east of
Temecula Valley High School, APN: 955-02-002
RECOMMENDATION:
5.1
Adopt a resolution entitled:
PC RESOLUTION NO. 2003-031
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING
PROGRAM, FOR THE LINFIELD SCHOOL MASTER
PLAN," GENERALLY LOCATED NORTH OF PAUBA
ROAD, SOUTH OF RANCHO VISTA ROAD, EAST OF
MARGARITA ROAD AND WEST OF MEADOWS
PARKWAY AND KNOWN AS ASSESSORS PARCEL
NO. 955-02-002
5.2 Adopt a resolution entitled:
excerpt052103-Item No.5
PC RESOLUTION NO. 2003-032
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE ZONING MAP OF THE
CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL
(PI) TO PLANNED DEVELOPMENT OVERLAY (PDO-7),
AND ADOPT SECTION 17.22.180 INCLUDING THE PDO
TEXT AND DEVELOPMENT STANDARDS,"
GENERALLY LOCATED NORTH OF PAUBA ROAD,
SOUTH OF RANCHO VISTA ROAD, EAST OF
MARGARITA ROAD AND WEST OF MEADOWS
PARKWAY AND KNOWN AS ASSESSORS PARCEL
NO. 955-02-002
5.3 Adopt a resolution entitled:
5.4
PC RESOLUTION NO. 2003-033
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION
NO. PA01-0653, A CONDITIONAL USE PERMIT TO
ESTABLISH A MASTER PLAN AND DESIGN
GUIDELINES FOR A PRIVATE SCHOOL COMPLEX,
ATHLETIC FIELDS AND RELATED FACILITIES, AND
FUTURE RESIDENTIAL AREA FOR UP TO 26
RESIDENTS ON A 94 ACRE SITE," GENERALLY
LOCATED BETWEEN RANCHO VISTA ROAD AND
PAUBA ROAD, WEST OF MEADOWS PARKWAY AND
EAST OF MARGARITA ROAD AND KNOWN AS
ASSESSORS PARCEL NO. 955-02-002
Adopt a resolution entitled:
excerpt052103-Item No.5 2
PC RESOLUTION NO. 2003-034
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION
NO. PA01-0653, A DEVELOPMENT PLAN
APPLICATION FOR PHASE A-1 OF THE LINFIELD
SCHOOL MASTER PLAN TO INCLUDE A TWO STORY
HIGH SCHOOL BUILDING TOTALING
APPROXIMATELY 38,358 SQUARE FEET AND AN
APPROXIMATELY 9,728 SQUARE FOOT ONE STORY
ADMINISTRATIVE OFFICE BUILDING," GENERALLY
LOCATED BETWEEN PAUBA ROAD AND RANCHO
VISTA ROAD, WEST OF MEADOWS PARKWAY AND
EAST OF MARGARITA ROAD AND KNOWN AS
ASSESSORS PARCEL NO. 955-02-002
Because of close proximity of his residence to the proposed project, Commissioner Telesio
advised that he would be abstaining.
Associate Planner Long presented an overview of the staff report (as per agenda material),
noting the following:
· That the proposed project includes a zone change from Public Institutional (PI) to
Planned Development Overlay (PDO);
That the parameters of the project extend from Rancho Vista Road to Pauba
Road -Temecula Valley High School to the west and some single-family
residences on the east.
Planned Development Overlay (PDO)
That the Planned Development Overlay (PDO) text includes a matrix of the uses
allowed and the development standards for the Planned Development Overlay
(PDO) zone; that the applicant is proposing to permit student and/or faculty
residences within the project; that since the existing PI zone does not allow for
residential uses, the zone change to a Planned Development Overlay (PDO) was
required to provide for this flexibility.
Conditional Use Permit (CUP)
· That the Master Plan includes a blueprint for future development of the Linfield
Christian School site including a conceptual site layout and Design Guideline;
That the long-term plan includes: new high school buildings, administrative office
building, library/media center, dining hall, outdoor amphitheatre, fine arts
auditorium, middle school expansion, elementary school expansion, and multi-
purpose room, new kindergarten and pre-school building, and various new
athletic fields and courts, and including a new gymnasium and pool and that in
excerpt052103-1tem No.5 3
addition, the Master Plan includes an area intended for a student/faculty
residential area (Planning Area 2), which could result in a maximum of 26
residences.
That the proposed Design Guidelines are specifically for a campus facility.
Development Plan
That staff has reviewed the proposed development plan and has determined the
proposed project is consistent with the Planned Development Overlay (PDO)
development standards and Master Plan and Design Guidelines because the
location of the proposed use is consistent with the Master Plan and includes
architecture elements as required in the design such as vertical elements, distinct
rooflines, plazas, courtyards, outdoor seating, arcades, and columns.
Environmental Determination
That staff has prepared a Mitigated Negative Declaration and Mitigation
Monitoring Plan for the project site; that staff primarily focused on Traffic,
Biological and Cultural Resources, and Noise; and that. the Mitigation Monitoring
Program was prepared and has been included in the Conditions of Approval.
The following conditions of approval were amended, deleted and added:
Amend:
Condition #9
that London Plane Tree be used as street trees along interior
streets.
Condition # 47c
that installation of half-width street improvement from Pauba Road
to the North Boundary ...
Delete:
Condition # 49
that the proposed driveway shown as "emergency/secondary
gated ingress-egress" off of Rancho Vista Road should be
realigned to match the existing street's location across the street
(i.e. Via El Greco) and/or show how the driveway's access will be
restricted (i.e. restrict movement via median, etc.)
Add:
Condition # 51
That the Developer shall pay to the City the Public Facilities
Development Impact Fee as required by, and in accordance
with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
excerpt052103-1tem No.5 4
Condition #52
That the Developer shall pay to the City the Western Riverside
County Transportation Uniform Mitigation Fee (TUMF) Progam as
required by, and in accordance with, Chapter 15.08 of the
Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Condition #53
Condition #54
That all public improvements shall be constructed and completed
per the approved plans and City standards to the satisfaction of
the Director of Public Works.
That deemed necessary by the Department of Public Works, the
Developer shall receive written clearance from the following
agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
Staff has determined that the project, as proposed will consistent with the General Plan,
and therefore, staff would recommend that the Planning Commission adopt a resolution
recommending that the City Council adopt the Mitigated Negative Declaration, adopt an
ordinance approving the Zone Change Amendment, adopt a resolution approving a
Conditional Use Permit, and adopt a resolution approving a Development Plan for phase
A-1.
For Commissioner Mathewson, Deputy Director of Public Works Parks advised that the
previously performed Supplemental Traffic Analysis included in the cumulative affects of
the golf course plus the proposed project and that the Level of Service (LOS) at build-out
will remain at C.
In response to Commissioner Mathewson, Assistant City Attorney Curley clarified that
there would not be a piecemealing concern as it relates to Commission
California Environmental Quality Act (CEQA) Mitigated Negative Declaration with regard
to this project and the golf course project (Planning Area 3).
Ms. Karen Raftery, the applicant, 22971 Anasaze Drive, spoke in favor of the project
stating that Linfield Christian School has been open since 1936, and has been operating
in the Temecula Valley since 1967; that Linfield Christian School is an independent,
Christian College Preparatory School that serves Kindergarten through 12th grade; that
Linfield Christian School seeks to provide students an excellent education, opportunities
for athletics, spiritual guidance, and preparation for life of service; that Character and
leadership development is an integral part of its education process; and that Linfield
Christian School facilities need to be renovated and improved in order to keep pace with
the enrollment demand.
excerpt052103-Item No.5 ~
In response to Commissioner Mathewson's query regarding faculty residences, Ms.
Deanna Elliano, 22359 Whirlway Court, planning representative for Linfield Christian
School, relayed that the proposal for faculty residences is a long-term proposal and that
these 26 units would be used to help supplement teacher income.
At this time, the Public Hearing was opened.
The following individual spoke in favor of the proposal:
Dee Butler
Mr. Dan Atwood
Mr. Tom Blaylock
Ms. Taylor Martindale
Mr. Ryan Weillry
Ms. Krista Rogers
31422 Inverness Court
37104 De Portola Road
31285 Corte Rimola
41440 Valencia Way
P.O. Box 2218
23160 Compass Drive
The above-mentioned individuals spoke in favor of the proposal for the following
reasons:
· That nearly 100% of graduates advance on to college;
· That Linfield Christian School offers strong academics;
· That Linfield Christian offers a strong athletic program;
· That Linfield Christian builds self-confidence;
· That the teacher/student relationships are well developed and strong.
At this time, the Public Hearing was closed.
Commissioner Mathewson expressed concern adopting a Mitigated Negative
Declaration and Monitoring Program prior to closure of public comment period.
Assistant City Attorney Cudey provided information regarding California Environmental
Quality Act (CEQA) guidelines as it relates to the advisory bodies jurisdiction to consider
the proposed Negative Declaration and Mitigation Monitoring program before making its
recommendation noting the following:
· That for the advisory board, (Planning Commission) there would be no need to
integrate the public comments into its recommendations or decision-making
process;
excerpt052103-1tern No.5 (~
That the decision making body (City Council) shall consider the proposed
Negative Declaration and Mitigation Monitoring Program together with comments
received during the public hearing review process.
In response to Commissioner Olhasso's query regarding the long rooflines on the school
buildings, Associate Planner Long relayed that the intent of the long rooflines is to
reduce the scale and the bulk of the building
MOTION: Commissioner Guerriero moved to approve Item No. 5 subject to the
additions, deletions, and amendments as noted on pages 4-5. Commissioner Olhasso
seconded the motion and voice vote reflected approval with the exception of
Commissioner Telesio who abstained and Chairman Chiniaeff who was absent.
excerpto52103-[tem No.5 7
ATFACHMENT NO. 7
PLANNING COMMISSION STAFF REPORT AND EXHIBITS (May 21, 2003)
R:\P D O~002\02-0612 Linfield~CC Staff Report-l.doc
12
STAFF REPORT - PLANNING
ORIGINAL
CITY OFTEMECULA
PLANNING COMMISSION
May 21,2003
Planning Application No(s). PA01-0653 and PA02-0612
Prepared By: Dan Long, Associate Planner
Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM, FOR THE LINFIELD SCHOOL MASTER
PLAN," GENERALLY LOCATED NORTH OF PAUBA ROAD,
SOUTH OF RANCHO VISTA ROAD, EAST OF MARGARITA ROAD
AND WEST OF MEADOWS PARKWAY AND KNOWN AS
ASSESSORS PARCEL NO. 955-02-002
Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE
ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC
INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY
(PDO-7), AND ADOPT SECTION 17.22.180 INCLUDING THE PDO
TEXT AND DEVELOPMENT STANDARDS," GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST OF MARGARITA ROAD AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL
NO. 955-02-002
R:XP D 0\2002\0243612 Linfield\Staff Report PC-I.doc
3. Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA01-0653, A CONDITIONAL USE
PERMIT TO ESTABLISH A MASTER PLAN AND DESIGN
GUIDELINES FOR A PRIVATE SCHOOL COMPLEX, ATHLETIC
FIELDS AND RELATED FACILITIES, AND FUTURE RESIDENTIAL
AREA FOR UP TO 26 RESIDENTS ON A 94 ACRE SITE,"
GENERALLY LOCATED BETWEEN RANCHO VISTA ROAD AND
PAUBA ROAD, WEST OF MEADOWS PARKWAY AND EAST OF
MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NO.
955-02-002
4. Adopt a Resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA01-0653, A DEVELOPMENT
PLAN APPLICATION FOR PHASE A-1 OF THE LINFIELD
SCHOOL MASTER PLAN TO INCLUDE A TWO STORY HIGH
SCHOOL BUILDING TOTALING APPROXIMATELY 38,358
SQUARE FEET AND AN APPROXIMATELY 9,728 SQUARE FOOT
ONE STORY ADMINISTRATIVE OFFICE BUILDING,"
GENERALLY LOCATED BETWEEN RANCHO VISTA ROAD AND
PAUBA ROAD, WEST OF MEADOWS PARKWAY AND EAST OF
MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NO.
955-02-002
APPLICATION INFORMATION
APPLICANT:
Linfield Christian School
PROPOSAL:
PA02-0612: A Zoning Amendment to adopt section
17.22.180 of the Temecula Municipal Code and amend the
official Zoning Map of the City of Temecula from Public
Institutional (PI) to Planned Development Overlay (PDO-7).
PA01-0653: A Conditional Use Permit and Development
Plan for a master plan and design guidelines for the
development of Christian school facilities, athletic fields, and
facilities, a residential area, and approve phase A-1 of the
master plan.
R:~P D 0~2002\02~612 LinfieldXStaff Repori PC-l.doc
2
LOCATION: North side of Pauba Road, south of Rancho Vista Road and
East of Temecula Valley High School, APN: 955-02-002
GENERAL PLAN DESIGNATION: Public Institutional (PI)
EXISTING ZONING:
Public Institutional (PI)
SURROUNDING ZONING:
North: Low Medium Density Residential (LM)
South: Low Medium Density Residential
Institutional (PI)
East: Very Low Density Residential (VL)
West: Public Institutional (PI)
(LM)/Public
EXISTING LAND USE:
Private School and athletic facilities
SURROUNDING LAND USES:
North: Single-Family Homes
South: Single-Family Homes/Public Elementary School
East: Single-Family Homes
West: Public High School
BACKGROUND
On December 26, 2001, the applicant applied for a Conditional Use Permit (CUP) and Development
Plan (DP). Due to a request to include a residential component into the project, which is not
permitted in the PI zone, staff advised the applicant that a Planned Development Overlay (PDO)
would also be required.
On March 28, 2002, the applicant applied for Minor Conditional Use Permit (PA02-0155) to move
forward with needed on-site improvements, including relocating the main entry to line up with Via
Rami, improving existing on-site parking lots including landscaping, play fields and improving Pauba
Road. The Planning Director approved the Minor Conditional Use Permit on June 20, 2002.
On April 11,2002, a community meeting was held to discuss the Linfield School Master Plan project.
The majodty of concerns expressed at this meeting were regarding the golf college and traffic
generated from both projects.
On November 12, 2002, the applicant submitted a formal application for a PDO. On December 12,
2002 the applications for a Zone Change from Pi to PDO, a CUP, and DP was deemed complete
and a development review committee (DRC) meeting was held to discus the various issues. The
primary issues discussed at the DRC included the following:
The need for design guidelines to address planning areas 2 (residential) and 3 (golf college
lease area) and how they should reflect the primary campus to establish a campus
atmosphere.
2. The use matrix to reflect the PI zone, except where necessary.
3. The maximum residential density for planning area 2 must be addressed.
4. Landscape standards.
5. Access point(s) for planning area 2.
R:XP D OX2002\02-0612 lAnfielchStaff Report PC-l.doc
3
6. A multi-use trail located on the western portion of the lot per the City's Master Trails Plan.
Environmental studies/plans required, including a lighting plan, archaeology study, drainage,
biology studies and;
8. Additional exhibits to be included in the master plan such as a fencing plan.
On February 21,2003, the applicant resubmitted the Master Plan document, PDO and the additional
requested exhibits with revisions.
PROJECT DESCRIPTION
Linfield School is an existing private school providing elementary and secondary education. The
proposed project includes a Zone Change from Public Institutional (PI) to a Planned Development
Overlay (PDO), a Conditional Use Permit for a Master Plan, and a Development Plan to implement
Phase ^-1 of the Master Plan. The PDO is the requested zoning designation and includes a text
establishing permitted uses and development standards for new development within the PDO.
Planned Development Overlay
The purpose for a zone change from PI to a PDO is to provide flexibility of permitted uses and to
establish a mixed-use project site. The PDO text includes a matrix of the uses allowed and the
development standards for the PDO zone. The applicant is proposing to permit student and/or
faculty residences within the project. Since the existing PI zoning does not allow for residential uses,
the zone change to a PDO was required to provide for this flexibility.
The PDO establishes four planning "sub" areas within the project site. Planning Area lA includes
the primary high school, junior high school, administrative offices, recreational fields and facilities,
maintenance facilities and two residences. Planning Area lB includes the existing elementary
school and it's proposed expansion, recreation fields and a proposed preschool and kindergarten
facility. Planning Area 2 includes a maximum of 26 student/faculty residences and Planning Area 3
includes the land lease area for the previously approved golf college facility. Table 2.2.2 in the
Master Plan includes a list of buildings proposed for development, existing buildings to remain, and
buildings to be removed. Each area is identified in the PDO text and includes a list of principally
permitted and conditional uses allowed in each "sub" area.
The PDO text also includes supplemental development standards for all development proposed in
the project site. The development standards establish specific requirements for new development
within the project site in the following areas:
· a. Setbacks
b. Building Height
c. Building Materials
d. Parking
e. Landscaping and Fencing
Conditional Use Permit
The Conditional Use Permit request is to allow the applicant to establish the proposed uses and site
layout as outlined in the Master Plan. The Master Plan includes a blueprint for the future
development of the Linfield Christian School site including a conceptual site layout and Design
R :~P D O~002\02-0612 Linfield~S taff Report PC- 1 .doc
4
Guidelines. The long term plan includes the following components; new high school buildings,
administrative office building, library/media center, dining hall, outdoor amphitheatre, fine arts
auditorium, middle school expansion, elementary school expansion and multi-purpose room, new
kindergarten and pre-school building, and various new athletic fields and courts, including a new
gymnasium and pool. In addition, the Master Plan includes an area intended for a student/faculty
residential area (Planning Area 2), which could result in a maximum of 26 residences. A table is
provided below to summarize all new buildings and facilities to occur within the project site.
Following is a summary of the new facilities included in the Master Plan site:
Facility Description Square footage
High School Classroom Building 38,358 SF
Administration Building 9,728 SF
Classroom Building 21,120 SF
Library/Media Center Building 16,456 SF
Dining Hall 20,612 SF
Outdoor Amphitheatre 7,500 SF
Fine Arts Auditorium 6,654 SF
Middle School Classroom Building 11,243 SF
Elementary Classroom Building 3,600 SF
Elementary Multi-purpose room and library 5,500 S.F.
Pre-School and Kindergarten Building 19,000 S.F.
Junior Varsity Field N/A
Middle School Soccer Field N/A
Football/Track Stadium N/A
Tennis Courts 6 Courts
Outdoor Ball Courts 3 Courts
Middle School Student Store, P.E. Lockers, & 10,198 S.F.
Covered Courts
Gymnasium and Pool 28,114 S.F.
Misc. Sports Accessory Bu!ldings 15,000 S.F.
Maintenance Building 6,000 S.F.
Superintendent Residence & out Building 3,500 S,F.
(Relocated)
Caretaker Residence (Relocated) 2,000 S.F.
Faculty/Student Housing, 26 units Max, Ave. 1,700 S,F,
Max. 44,200 S.F.
Development Plan (Phase A-l)
The applicant is proposing a Development Plan for the first phase (A-l) of the project. Phase A-1
includes the construction of a 38,358 square foot, two-story high school building and a 9,728 square
foot single story admihistrative office building. They are located on the north side of the lake and on
the interior of the loop road. The buildings are connected by an overhead arcade, which will include
a scripture message, decorative cornice and columns at various intervals. Each of the buildings
includes a painted stucco material for the base, red window and doorframes, decorative cornice at
the roof with metal roofing at various locations. The administrative building includes a stone base at
select location on each side of the building. Both buildings utilize arcades and vertical tower
elements with overhangs to signify the main entrance of the building as required in the design
guidelines. Each building has long distinct rooflines that vary in height in order to reduce the scale of
the buildings. In addition to the two buildings, the development plan for phase A-1 includes an
R:~P D O~2002\02-0612 Liafield~Staff Report PC-l.doc
5
enhanced student entryway, plazas, gazebo, seating areas, and a portion of the walkway that will
eventually lead around the lake.
A landscape plan has been submitted as a part of the development plan application. The
landscaping for area A-1 includes the area between the high school building and the loop read,
down to the lake and up to approximately 25 feet to the area east of the administration and high
school building, as well as a portion along the path of the lake. Landscaping is concentrated around
the base of each building and at walkways. Some of the species proposed include Honey Locust,
London Plane Tree, California Pepper, Crape Myrtle, Carmel Creeper, India Hawthorn and Hop
seed Bush. Parking for the first phase will be provided by an existing parking which will be enhanced
by improved circulation, additional spaces and landscaping.
Environmental Review
An Initial Study was prepared for the project site and has identified potentially significant
environmental impacts as a result of the proposed project. The proposed Mitigation Measures
reduces the impacts to less than significant levels. Therefore a Mitigated Negative Declaration was
prepared and is proposed for adoption along with the Mitigation Monitoring Program.
The following technical reports were submitted and used to complete the environmental analysis:
a. Traffic Impact Analysis Report The Linfield School Master Plan, (Linscott, Law &
Greenspan, Engineem, December 7, 2001)
b. Traffic Impact Analysis Addendum Linfield School Master Plan (Linscott, Law &
Greenspan, Engineers, February 5, 2003)
c. Preliminary Hydrology/Hydraulic Study of Linfield Christian School (KWC Engineers,
Inc., December 12, 2001)
d. A General Biological Resource Survey and Jurisdiction Delineation on APN#955-02-
002, The Linfield School Project, (L&L Environmental, Inc., August, 2001)
e. Final Reports for APN#955-02-002, The Linfield School Project (L&L Environmental,
Inc., August 24, 2001)
f. Results of a Focused Raptor Nesting Survey for APN#955-02-002, The Linfield
School Project (L&L Environmental, Inc., March 21,2002)
g. Requested Focused Surveys for the Linfield Christian School (L&L Environmental,
Inc., February 19, 2003)
h. A Phase I Archaeological Survey Reportation The Linfield Christian School
Expansion Site, APN #955-02-002 (L & L Environmental, Inc., February 11,2003)
ANALYSIS
Planned Development Overlay
Residential Component
The proposed zone change from Public Institutional (PI) to a Planned Development Overlay (PDO)
is consistent with the General Plan designation, The General Plan designation for the project site is
Public Institutional (PI). The primary use of the project site will continue as a private school. The
main reason for the zone change is to allow residences on the site, which is not allowed in the PI
zone. A maximum of 26 residences are proposed in Planning Area 2 and two residences are
R:~P D O~2002\02~612 Linfield~Staff Report PC-l.doc
6
proposed as part of Planning Area 1. Staff supports the residential portion of the site since it's
intended specifically for students and/or faculty use. The individual residences will remain under the
ownership of the school and will not be sold or subdivided. By providing on-site housing for
students/faculty, there will be fewer vehicle trips, which will reduce vehicle trips on public streets.
The applicant has submitted a traffic report and addendum analyzing the potential impacts of the
residences and has determined the level of service will not be impacted by the addition of
residences and no additional mitigation measures are required.
Planninq Areas
In addition, the PDO document establishes four Planning Areas. Planning Area lA includes the
primary high school, junior high school, administrative offices, recreational fields and facilities,
maintenance facilities and two residences. Planning Area 1 B includes the existing elementary
school to be expanded, recreation fields and a proposed preschool and kindergarten facility.
Planning Area 2 includes the faculty/residential housing and Planning Area 3 includes the area for
the previously approved golf college facility.
PermiEed Uses
Staff has reviewed the proposed PDO text, including the proposed uses and the development
standards. The table below summarizes the uses deleted from the PI zone and the uses added to
the PDO:
Uses Included in PI, Deleted from PDO New Uses Included in PDO, Not Included in PI
3emetery Conference Center
3anitarium Construction Trailer (Temp.)
Food Service for campus and events
Golf Course
Children's Home
Detention Center
Drug Abuse and Recovery Center
Group Homes
Memberships, clubs, lodges, non-profit
.'ommunity user
:{esidential Care for Elderly
:lest homes
G01f College
Maintenance Facility
Modular Classrooms
Radio Broadcasting studio
Recording studio
Residential, single family attached or duplex
housing for school faculty
Residential, single family detached, school
superintendent, or dean's home, caretaker home
accessory to private school use)
Residential, multiple family housing for school
faculty
Residential, student dorms
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7
Some of the uses proposed in the PDO vary from the uses listed under the PI zoning, however the
proposed uses are consistent with the intent of the general plan because they are either consistent
with the types of uses in the PI zone, or they are secondary uses to the primary use of the school.
Development Standards
The PDO text includes the necessary information required for a PDO under section 17.22 of the
Development Code. The text includes development standards required for new development within
the project site. Where the PDO is silent, the Development Code will apply. The PDO development
standards differ from the Development Code in the following three areas:
The number of parking spaces for the project is not consistent with the Development Code
requirements. The total number of required parking spaces for the project is 860. The
applicant is proposing a total of 808 parking spaces. The applicant is requesting a reduction
in the number of required parking spaces to allow for the flexibility of shared parking for
special events and assembly uses within the elementary multi-purpose room, amphitheatre
and fine arts building. The total number of parking spaces required for the pro-school,
kindergarten, elementary school, middle school, high school, administrative office building
and maintenance facility is a total of 582 parking spaces. The special event and assembly
facilities, which include the elementary multipurpose building, amphitheatre and fine arts
building requires an additional 278 parking spaces. Since these facilities will not be used at
the same time as the primary school facilities, staff has determined that this reduction in
parking is acceptable.
The development standards for landscaping on the project site refer to Development Code,
with the exception of landscape plantero, which are only required at the end of parking rows.
Staff is supportive of the proposed changes because the project is for the private use of
students and faculty, they are primarily located internal to the project site with the exception
of the parking lots located at the kindergarten facility and football/track stadium and the
elimination of landscaping islands provides for better security in the parking lot areas.
The development standards in the PI zone do not contain a maximum height requirement.
Theroeforo, the development standards in the PDO establishes a maximum building height of
2 stories or 45 feet for Planning Area 1. Architectural elements are permitted to project an
additional 10 feet above the maximum height. The height requirement for residential
structures is two stories, or a maximum of thirty (30) feet in height. Staff believes that the
proposed height standards are appropriate for the project site.
Conditional Use Permit
The Conditional Use Permit is a request to approve a Master Plan document. The Master Plan
document includes a site layout with intended uses for each Planning Area and Design Guidelines.
The proposed uses in the Master Plan are consistent with the objectives of the Planned
Development Overlay and Public Institutional zone, because the primary use of the site will remain
an educational facility, including the residential portions of the site intended for students/faculty
housing.
Master Plan
The Master Plan describes the long-term plan for the project site. Each phase will require an
administrative development plan to ensure the proposed development is consistent with the Master
Plan and Design Guidelines.
R:XP D O~2002\024)612 LinfielchStaff Report PC-i.doc
8
Circulation and Access
The access and circulation of the project includes an internal cimulation pattern established under
the previously approved minor CUP (PA 02-0155), however the Master Plan identifies additional
access points and circulation patterns (figure 2.5 of Master Plan). The minor CUP also permitted the
applicant to improve the loop read and provide additional parking along the loop read and improve
existing parking lots. Additional access from Pauba Road includes an access point for Planning
Area 2, which was required to line up with Via Cerda and an access point east of the main entrance
for the proposed pre-school and kindergarten building. The kindergarten and pre-school access
point will be limited to right in and right out turning only. The applicant will provide additional detail of
these access points upon a request to develop these respective areas. A secondary access point is
provided from Rancho Vista Road on the northern portion of the project site. This access point will
connect into the loop read and includes additional parking lots. This access point is intended for
special events that may warrant a secondary access point and as an emergency access point if
needed. All existing access points, including those previously approved for the golf college located
in planning area 3 and those used for the elementary school will remain as they currently exist.
Compatibility
The Master Plan conforms to City standards and ensures that the project is designed in a manner to
reduce the impacts to surrounding residential areas. The Master Plan site layout is designed to
concentrate the primary uses of the school on the interior of the site surrounded by open space and
athletic fields. The majority of recreation fields and courts are located on the western portion of the
site, which is bordered by Temecula Valley High School. There are two baseball fields (one of which
will include lighting) and an elementary play field located on the southern portion of the project site,
which is bordered by Pauba Road, single-family residences and Paloma Elementary School to the
south. Staff has determined that the noise impacts will not be significant because there is an
elevation change between the uses ranging from 1-foot to approximately 35 feet in height and
approximately 130-foot separation between the uses. The separation includes a 90-95 public right-
of-way, a 20-foot landscaped slope on the residential side and a 20-foot setback from the property
line for the project site. In addition, the project includes a Condition of Approval that all outdoor
events and public gatherings must be completed prior to 10:00 P.M. A lighting plan has been
submitted and reviewed by staff to ensure lighting and glare will be reduced to a less than significant
level and is consistent with the Mount Palomar lighting Ordinance 655. Mosco lighting is proposed
for the athletic fields and courts. The City routinely uses this type of lighting system because it
significantly reduces light glare and spillage. There are two recreation fields located on the eastern
portion of the site, which will be used by the middle school campus. Elementary students will use
this recreation area during daytime houm only. Lighting is not proposed for these fields. Staff
believes these fields will not have significant impacts because they are intended for daytime use
only.
A student drop off area is proposed along the eastern property line, which is a concern for noise and
lighting impacts upon neighbors. Staff has included a Condition of Approval for the Master Plan
document and Design Guidelines to include language that requires student-loading areas adjacent
to residences to provide enhanced landscaping to include shrubs and trees. The applicant will be
required to show how landscaping in these areas is enhanced and buffers the area from the
residences in comparison the other areas on the project site. In addition, Conditions of Approval are
included to revise the lighting plan to reduce light and glare spilling onto the adjacent residences by
relocating various light fixtures.
R:~P D OX2002\024)612 IJnfieldXStaff Report PC-l.doc
9
Desiqn Guidelines
Section 3.0 of the Master Plan document establishes Design Guidelines and Landscape Guidelines
for the project site. The Design and Landscape Guidelines provide a defined parameter of building
materials and design concepts permitted for future development. Many of the elements required in
the Design and Landscape Guidelines are similar to those found in the City Wide Design
Guidelines, however specific guidelines for educational facilities are not included in the City Wide
Design Guidelines. The proposed Design Guidelines are specifically for a campus facility. A
common design theme will be implemented by the following techniques:
a. One and two story buildings with long roof lines to reduce building scale,
b. Building orientation to provide open space plazas, courtyards and view corridors,
c. Take advantage of the natural setting such as the lake and stream features,
d. Building entry points will be enhanced via vertical elements and accent materials.
e. Entry nodes at vehicle entry locations and special paving at key intersections,
f. Pedestrian entry nodes to transition vehicular points into campus plazas and
courtyards.
g. Monument signage at the main entrance on Pauba Road
h. Window and door types to consider lighting and seasons for placement and
orientation,
i. Building entry features are required to be enhanced to show importance,
j. Skylights and clearstory elements for interior lighting,
k. Building materials to include wood, concrete block or metal (for maintenance
buildings),
I. Built up flat roofs and pitched roofs of composite shingles, tile or metal,
m. Finished materials such as stone, or pre-cast concrete,
n. Entry canopies and vertical columns for arcades
o. Surface treatments (see color and material board)
p. Bollard lighting at walkways
q. Decorative pole lighting at courtyards, plazas and walkways, and
A fencing and wall plan has been provided by the applicant (exhibit 3.3.5). Fencing types include,
chain link, wrought iron, painted wood, or split faced block. The chain link fencing on the east and
west sides of the project site will remain. The fencing on the eastern portion of the site will include
additional shrubs and trees to soften the view from the adjacent residences, primarily at student
drop-off locations. In other locations along Pauba Road, the chain link fencing will be used in
combination with wrought iron and screened by plantings and vines. Screen walls will be provided
where screening is necessary such as the maintenance buildings.
Development Plan
The development plan includes phase A-1 of the Maser Plan for a 38,358 square foot, two-story
high school building and a 9,728 square foot single story administrative office building. Staff has
reviewed the proposed development plan and has determined the proposed project is consistent
R:~P D OL2002\02~0612 LinfieldXStaff Report PC-l.doc
10
with the PDO development standards and Master Plan and Design Guidelines because the location
of the proposed use is consistent with the Master Plan and includes amhitecture elements as
required in the design guidelines such as vertical elements, distinct roof lines, plazas, courtyards,
outdoor seating, arcades and columns. The landscape plan and species proposed are consistent
with the conceptual landscape plan within the Master Plan.
Environmental Determination
Staff prepared an Initial study and determined that the proposed project could have a significant
effect on the environment with regards to biological resources, cultural resources, noise and traffic
unless mitigated. Staff has determined that a Mitigated Negative Declaration and Mitigation
Monitoring Plan as summarized below, will satisfactorily comply with the regulations of the California
Environmental Quality Act (CEQA). Any impacts will be mitigated to levels less than significant with
implementation of the mitigation measures.
The Linfield School Master Plan Environmental Im ~act/Mitigation Summary
Responsible
Impact Mitigation Measures Time Frame Party
Biological
Resources
Potential The project developer shall acquire the Prior to the Department
removal of necessary permits from federal and Issuance of a of Public
California state agencies, including U.S. Army grading permit Works and
gnatcatcher, Corps of Engineers, Regional Water the Planning
Quino Quality Control Board, U.S. Fish and Department
checkerspot Wildlife Service and California
butterfly, and Department Fish and Game
! Stephen's
kangaroo rat
habitat
An environmental resource area has Upon approval of Planning
Development of been set aside for preservation and will the Mast Plan Department
land containing not be developed and PDO
riparian document and
woodlands Zone Change
Development of The project developer shall acquire the Prior to issuance Department
land containing necessary permits from federal and of a grading of Public
wetlands as state agencies, including U.S. Army permit Works and
identified by Corps of Engineers, Regional Water the Planning
state and Quality Control Board, U.S. Fish and Department
federal Wildlife Service and California
regulations Department Fish and Game
Noise
Exposure of All outdoor events and public gatherings Planning staff will Planning
persons to or must be complete prior to 10:00 P.M. verify compliance Department
generation of on an on-going and Code
noise levels in basis via Code Enforcement
excess of Enforcement
standards
R:~P D OX2002\02-0612 Linfield',Staff Report PC-l.doc
Responsible
Impact Mitigation Measures Time Frame Party
established in
the local
general plan or
noise ordinance
Cultural
Resources
Potentially During initial grading and ground Prior to the Department
cause a disturbance activities, a qualified culturalissuance of a of Public
substantial msoumes monitor shall be present and building permit Works and
adverse shall have the authority to stop and Planning
change in the redirect ground disturbance activities to Department
significance of evaluate the significance of any cultural
an resoumes exposed.
archaeological
resource
pursuant to
Section 1506.5
Could directly During all grading activities, unless Prior to the Department
or indirectly determined unnecessary by the monitor, issuance of a of Public
destroy a a qualified paleontological monitor shall grading permit Works and
unique be present and shall have the authority Planning
paleontolgical to stop and redirect grading activities to Department
resource or site evaluate the significance of any
or unique paleontolgical resources exposed during
geological the grading activity.
feature
Transportation
Improve Pauba Road (Secondary Prior to the Public Works
Highway Standards - 88' R/W) to issuance of the and Planning
include dedication of half-width street first building Department
right-of-way, installation of half-width permit
street improvements 720' west of
Linfield Way to the West Boundary,
paving, curb and gutter, sidewalk, street
lights, drainage facilities, signing and
striping, utilities (including but not limited
to water and sewer).
Improve Rancho Vista Road (Secondary
Highway Standards - 88' R/W) to
include dedication of half-width street
Potential to right-of-way, installation of half-width
increase the street improvements along the North
overall traffic Boundary frontage, paving, curb and
volume and gutter, sidewalk, street lights, drainage
congestion at facilities, signing and striping, utilities
key (including but not limited to water and
intersections sewer).
R:~P D O~2002\02-0612 Linfield~Staff Report PC-l.doc
12
Impact Mitigation Measures Time Frame Responsible
Party
Improve Green Tree Road (Local Road
Standards - 60' R/W) to include
dedication of half-width street right-of-
way, installation of half-width street
improvement from Margarita Road to
the North Boundary, paving, curb and
gutter, sidewalk, street light, drainage
facilities, signing and striping, utilities
(including but not limited to water and
sewer).
Future traffic studies may be required to
determine the precise timing of each
Mitigation Measure if the City
determines it is necessary.
A school zone and striping plan, per
Caltrans standards, shall be designed
by a registered Civil Engineer for the
school site within this project and
included in the street improvements for
this project. Design shall also include
and warrant analysis for a flashing
yellow beacon and if warrants are met,
shall be installed by the developer.
Payment of Western Riverside County
Transportation Uniform Mitigation Fee
(TUMF) Program
FINDINGS
Staff has made the following findings of approval, which are reflected in the attached resolutions:
Zoning Amendment
Staff has reviewed the proposed zoning amendment and recommends the Planning
Commission make a recommendation to the City Council to approve a zone change from Public
Institutional (PI) to Planned Development Overlay (PDO-7) for the project site.
' To recommend approval of the Zone Change, the following findings must be made:
The proposed Zone Change is consistent with the land use designation in which the use is
located, as shown on the Land Use Map.
The proposed change of zone is consistent with the General Plan of the City of Temecula
because the primary uses will not change and the proposed residential portion of the project
has been determined to be a secondary use supporting the primary uses.
R:~P D OX2002\02-0612 Linfield~Staff Report PC-1 .doc
13
The proposed use is in conformance with the goals, policies, programs and guidelines of the
elements of the General Plan.
The proposed change of zone conforms to the General Plan and will remain compatible
with the surrounding land uses as there is existing institutional uses to the south and
west of the project site and residential to the north, east and south of the subject site.
Therefore, the proposed amendment will result in compatible development, which is a
goal of the General Plan.
Conditional Use Permit
The proposed project is consistent with the Land Use Element of the General Plan, because
the proposed PDO meets the purpose and intent of a conditional use permit as defined in
Section 17.04.010A of the Development Code.
The nature of the proposed conditional use will not be detrimental to the general welfare of
the community, because the proposed PDO is consistent with the land uses surrounding the
project site, which includes residential and educational facilities. The applicant has
submitted traffic reports and staff has concluded that the 26 additional residences will not
have a negative impact, therefore additional improvements will not be required.
The proposed conditional use permit is compatible with the nature, condition, and
development of adjacent uses, buildings and structures and the proposed conditional use
will not adversely affect the adjacent uses, buildings or structures, because the proposed
uses are similar or function similar to the surrounding uses in the immediate area, which
include schools and single-family residences.
The site for a proposed conditional use is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other
development features prescribed in this development code and required by the planning
commission or council in order to integrate the use with other uses in the neighborhood,
because the project site maintains vast amounts of open space and is designed to
compliment the natural environmental setting, while establishing clearly defined areas of
education and recreation uses with the use of landscaping and fencing. In addition, if
approved, the project will maintain its own set of development standards to be approved and
adopted by the City Council, which will govern parking standards, loading areas, fences,
walls, buffer areas and landscaping.
Development Plan
The proposed use is in conformance with the general plan for Temecula and with all
applicable requirements of state law and other ordinances of the city because the project
includes a PDO, which allows for a flexibility in uses and development standards and it has
been determined that the development plan application is consistent with the General Plan,
PDO, state law and all applicable city ordinances.
The overall development of the land is designed for the protection of the public health, safety
and general welfare because the project provides enhanced opportunities for student
facilities and the project has been designed in compliance with the overall master plan,
which provides public improvements to protect the public health, safety and general welfare
of the persons in the area.
R:~P D O~2002\02-0612 Lintield~Staff Report PC-l.doc
14
CONCLUSION ! RECOMMENDATION
Staff has determined that the project as proposed is consistent with the General Plan. Staff
recommends that the Planning Commission adopt a Resolution recommending that the City Council
adopt the Mitigated Negative Declaration, an Ordinance approve the Zone Change Amendment, a
Resolution approving a Conditional Use Permit and a Resolution approving a Development Plan for
phase A-I.
R:\P D O~2002\02-0612 Linfield~Staff Report PC-I .doc
CITY OF TEMECULA
CASE NO. - PA01-0653 and PA02-0612
EXHIBIT - A VICINITY MAP
PLANNING COMMISSION DATE - May 21, 2003
R:\P D O~2002~02-0612 Linfield~Staff Repo~ PC-l.doc
50
CITY OF TEMECULA
Site
EXHIBIT B - GENERAL PLAN MAP
DESIGNATION - (PI) Public Institutional
EXHIBIT C - ZONING MAP
DESIGNATION - PDO-7
CASE NO.- PA01-0653 and PA02-0612
PLANNING COMMISSION DATE - May 21, 2003
R~P D O~002~02-0612 Linfleld~Staff Report PC-l.doc
CITY OF TEMECULA
CASE NO. - PA01-0653 AND PA02-0612
EXHIBIT - D
PLANNING COMMISSION DATE - May 21,2003
MASTER PLAN SITE PLAN
R:'~P D O~2002\02-0612 Linfiel~Staff Repor~ PC-l.doc
CITY OFTEMECULA
CASE NO. - PA01-0653 AND PA02-0612
EXHIBIT - E
PLANNING COMMISSION DATE - May 21,2003
MASTER LANDSCAPEPLAN
R:~P D O~2002~02-0612 Linfiel~Staff Report PC-l.doc
53
CITY OF TEMECULA
STUDENT LOADING ZONE
PI~SE 1
CLAS$t~OOM
'\
ADMINIS TI~A RON
LAKE
CASE NO.- PA01-0653 AND PA02-0612
EXHIBIT- F
PLANNING COMMISSION DATE - May 21,2003
SITE PLAN PHASE A-1
R:\P D O~2002\02-0612 Linfield\Staff Report PC-l.doc
54
CITY OF TEMECULA
CASE NO. - PA01-0653 AND PA02-0612
EXHIBIT- G HIGH SCHOOL 1ST FLOOR PLAN
PLANNING COMMISSION DATE - May 21,2003
R:~P D O~2002~02-0612 Linfielc~Staff Report PC-l.doc
CITY OF TEMECULA
CASE NO.- PA01-0653 AND PA02-0612
EXHIBIT - H
PLANNING COMMISSION DATE - May 21, 2003
HIGH SCHOOL 2"D FLOOR PLAN
R:'~P D O~2002',02-0612 Linfleld~Staff Report PC-l.doc
56
CITY OF TEMECULA
CASE NO.-- PA01-0653 AND PA02-0612
EXHIBIT - I
PLANNING COMMISSION DATE - May 21,2003
ADMINISTRATION FLOOR PLAN
R:~P D O~2002~02-0612 Linfield~Staff Repo~ PC-1 .doc
57
CiTY OF TEMECULA
JtJl I~.~.k/ I I-,HHI I=LI I-,HHI bJ hH~-,I h,-,H
]~II ..................................................................................... !~,H! ~,!,,-,H! ,'~,,,!,HH.,I~l--jl II
Illlllltlllllllllillmflll"llllllllllNm~'?~'~ / I/
L==.. ~ .... L~=.~__ L===. L ....
CASE NO. - PA01-0653 AND PA02-0612
EXHIBIT - J
PLANNING COMMISSION DATE - May 21,2003
HIGH SCHOOL ELEVATION
RAP D O~002~02-0612 Linflela~Steff Reporl PC-l.doc
58
CITY OF TEMECULA
CASE NO.- PA01-0653 AND PA02-0612
EXHIBIT- K
PLANNING COMMISSION DATE - May 21, 2003
ADMINISTRATION ELEVATION
R:\P D O',2.002\02-0612 Linfield~Staff Report PC-l.doc
CITY OF TEMECULA
STUDENT LOADING ZONE
PHASE 1
CLASSROOM
ADMINIS TRA I10N
CASE NO. - PA01-0653 AND PA02-0612
EXHIBIT - L
PLANNING COMMISSION DATE - May 21,2003
PHASE A-1 LANDSCAPE PLAN
R:'~P D O~002\02-0612 Linfiel~Staff Report PC-l.doc
ATTACHMENT NO. 8
PDO-7 TEXT
R:\P D O~2002\02-0612 Linfield\CC Staff Report-l.doc
13
LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY DISTRICT
17.22.180 Title
Sections 17.22.180 through 17.22.188 shall be known as "PDO-7" (Linfield Christian School
Planned Development Overlay District).
17.22.181 Purpose and Intent
The Linfield Christian School Planned Development Overlay District (PDO-7) is intended to
create a unique mixed-use area within the city, blending educational, recreational, institutional
and residential facilities in a comprehensive master plan that builds upon the existing campus
development. PDO-7 allows for the introduction of compatible housing opportunities within the
conventional zoning district and serves to implement the objectives of the Land Use and
Housing Elements of the General Plan. Supplemental development standards have been
provided to recognize the transition between the existing campus facilities and the new
development areas, to promote compatibility with the surrounding land uses, and to insure the
long term design quality of the Linfield Christian School PDO District.
17.22.184 Relationship with the Development Code and Citywide Design Guidelines
The List of permitted, conditionally permitted, and prohibited uses for the Linfield
Christian School Planned Development Overlay District is contained in Table
17.22.186.B.
Except as modified by the provisions of Section 17.22.188, the following rules
and regulations shall apply to all planning applications in this area.
1. Where this PDO is silent, the development standards of the Public
Institutional (PI) district in the Development Code shall apply (Section 17.12).
2. The development standards in the Development Code that would apply to the
Medium Density Residential District, and are in effect at the time an
application is deemed complete, for any proposed residential housing to be
located in Planning Area 2 of PDO-7. The maximum number of residences to
be developed in Planning Area 2 is 26.
3. The Master Plan and Design Guidelines approved as a part of the Linfield
Christian School Master Plan shall apply to all components of this PDO.
R :'xP D O'x2002'x02-0612 Linfiela~ DO text. doc06/l O/2003 - I -
17.22.186 Use Regulations
The list of permitted land uses for the Linfield Christian School Planned Development Overlay
District is contained in Table 17.22.186.B. PDO-7 contains three different Planning Areas as
shown in Exhibit 17.22.186.A. The three Planning Areas are identified as follows:
Planning Area 1: Educational/Institutional: identified as (El) in Table 17.22.186.B.
Planning Area 1 is further separated into two sub-areas: Planning Area lA is the main
Linfield Christian School Campus, and Planning Area lB is the existing Elementary
School Campus.
· Planning Area 2: Educational/Residential: identified as (ER) in Table 17.22.186.B;
and,
· Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186.B.
Where indicated with the letter "P" the use shall be a permitted use. A tetter "C" indicates the
use shall be conditionally permitted, subject to the approval of a conditional use permit. Where
indicated with a "-", the use is prohibited within the Planning Area.
Description of Use
A
Art Gallery
Auditorium
Area lA &l B
(El)
P
Area 2
(ER)
P
P
C
Area 3
(PI)
P
C
B
Reserved
C
Christmas tree lots P P P
Churches, Temples, religious institutions
Colleges and Universities
Communications and microwave installations
C
C
C
Community Health Clinics
Community Center
C
C
P
C
C
C
P
Conference Center P P P
Congregate care housing
Congregate living health facility
Construction trailer (temporary)
Convalescent homes
C
C
C
C C C
P P P
P
C
P
D
Day care center P P P
Day care health center P P
E
Reserved
RAP D 0X2002~02-0612 Linfield~PDO text. doc06/lO/2003 2
Food services (for campus and special events) P P P
G
Garages, public parking C C
Golf courses C P
Golf college or sports training facility C P
Government offices P P
Government services P P
Group home
H
Helipad or heliport C C
Hospital C C
I
Reserved
J
Reserved
K
Reserved
L
Library P P P
M
Maintenance facility (accessory to primary use P C P
only)
Modular classrooms (used as interim classroom P P
space)
Museum P P P
N
Reserved
O
Reserved
P
Parks and recreation areas P P P
Performing arts, theaters and places of public P C
assembly
Police/sheriff station P C
Post office P
Public utilities C C C
Q
Reserved
R
Radio and broadcasting studios P P
Recording studios P P
Religious facilities C C C
Residential - single family detached, school P P P
superintendent or dean's home, caretaker home,
(accessory to private school use only)
R:~P D 0~2002~02-0612 LinfielaSPDO text. doc06/l O/2003 3
Residential- single-family attached or duplex P
housing for school faculty
Residential- multiple family housing for school P
faculty
Residential-senior housing C C
Residential- student dorms C C C
S
Schools, public (elementary, jr. high, high school) P P P
Schools, private P C C
Skilled nursing facility C C C
Sports and recreation facilities P P P
T
Trade or vocational schools C C C
U
Utility offices and service yards C C C
V
Reserved
W
Reserved
X
Reserved
Y
Reserved
Z
Reserved
NOTES:
(1) Subject to Section 17.40 of the Temecula Municipal Code.
Legend:
P= Permitted by right in the district
C= Permitted by Conditional Use Permit in the distdct
- = Use is prohibited in the district
(El)= Educational/institutionah PlanningAreas lA and lB
(ER) = Educational/Residentiah Planning Area 2
(PI) = Public/Institutionah Planning Area 3
RAP D 0~2002x02-0612 LinfieldXPDO text. doc06/lO/2003 4
LINFIELD CHRISTIAN SCHOOL
PLANNING AREA MAP
Rancho Vista Road
Pauba Road
Gmen Tree Lane
LEGEND:
Planning Area lA
Planning Area lB
Planning Area 2
Planning Area 3
56.89 acres Educational/Institutional (El)
4.78 acres Educational/Institutional (El)
9.81 acres Educational/Residential (ER)
22.29 acres Public/Institutional (PI)
EXHIBIT 17.22.186.A
R:~P D 0~2002X02-0612 LinfieldXPDO text. doc06/IO/2003 5
17.22.188 Supplemental Development Standards
Permitted and conditionally permitted uses within PDO-7 shall comply with the development
standards of the underlying Public/Institutional zoning district except as modified or augmented
by the standards contained in this section.
A. General
All new development occurring within Planning Areas lA and lB shall be in
substantial conformance with the Linfield Christian School Master Plan, provided
that modifications of up to 20% of the estimated square footage of the individual
or combined structures may be approved by the Planning Director. Minor
modifications to the site location or number of new facilities may also be
approved by the Planning Director. Major modifications to the overall scale,
intensity or intended land uses within the Planning Areas shall be referred to the
Planning Commission for approval.
All new development deemed to be in compliance with the Linfield Master Plan
and Design Guidelines shall be subject to the Administrative Review process,
pursuant to Section 17.05.020 of the Temecula Development Code.
Development proposals for faculty housing units within Planning Area 2 of PDO-7
shall be subject to the development standards of the Medium Density Residential
(M) zoning district, and will require review and approval of a Development Plan
by the Planning Commission. The maximum number of residences to be
developed in Planning Area 2 is 26.
B. Setbacks
Landscape setbacks along the Pauba Road and Rancho Vista Road street
frontages shall be an average of twenty (20) feet, except for Planning Area lB
which shall be a minimum of five (5) feet, due to the presence of the existing
Elementary School parking lot. The overall average front setback along either
roadway shall be no les than 20 feet.
2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link
fencing are permitted to be located within the landscaped setback area.
C. Building Height
Structures within Planning Area 1 shall not exceed two stories, or forty-five (45)
feet in height. Architectural projections such as mansards, towers and other
design elements shall be permitted to extend an additional ten (10) feet above
the height of the building. Structures designed as split-level in order to
accommodate the existing site grades are permitted up to a height of sixty (60)
feet as measured from the lowest grade. Any structures over forty five (45) feet
in height shall be located a minimum of 100 feet from the nearest property line,
and a minimum of 250 feet from the property line of any single-family residential
structure.
RAP D OX2002X02-0612 LinfieldXPDO text. doc06/lO/2003 6
2. Single family residential and multi-family residential structures shall not exceed
two stories, or a maximum of thirty (30) feet in height.
D. Parking
Parking requirements for assembly facilities within Planning Area I shall be
considered as shared parking in conjunction with the standard spaces required
under the Development Code for school parking. This determination applies to
those assembly or special event facilities primarily used by the student
population and faculty during the school day, or those facilities conducting events
after school or in the evening hours when regular school parking is available.
In order to provide sufficient onsite parking in the case of a special event on
campus, and to prevent potential overflow parking on surrounding public streets,
temporary, special event parking may be provided on designated outdoor play
courts in Planning Area 1. Such temporary parking areas shall be clearly
identified, and cease operation at the conclusion of the special event.
E. Landscaping and Fencing
1. Landscaping within parking lot areas shall be consistent with Section
17.24.050.H of the Temecula Development Code, with the following exceptions:
Landscaped planters shall not be required within the interior of parking lots
except for at the ends of each row of parking spaces, due to the need to insure
clear visibility in parking areas for campus security purposes.
Required trees within the parking lot area shall be limited to the islands at the
end of the parking rows, and within the landscaped areas at the perimeter of the
parking lot. Trees shall be minimum fifteen-gallon containers, and may be
spaced in a liner fashion around the perimeter or clustered. Trees shall be
provided at a ratio of 1 tree for every 4 required parking spaces. Due to the
extensive amount of existing mature trees within the District, and the internal
nature of the parking lots within the landscaped setting, existing trees
immediately adjacent to parking lots shall be included in the required count of
parking lot trees.
c. Parking lot landscaping standards shall only apply to new or substantially
redeveloped parking lot areas within the District.
Fencing for school facilities and outdoor recreation areas shall be exempt from
the fence height requirements of Section 17.12.050 of the Public/Institutional
District of the Temecula Development Code. Acceptable fencing materials
include finished wrought iron or tubular steel, chain link, vinyl and decorative
masonry.
R:~P D 0~2002XD2-0612 LinfieldXPDO text. doc06/l O/2003 7
ATFACHMENT NO. 9
MASTER PLAN AND DESIGN GUIDELINES
R:\P D O~002\02-0612 Linfield\CC Staff Report-1 .doc
14
ATTACHMENT NO. 10
LETTERS OF SUPPORT
R:\P D O~002\02-0612 Linfiel~CC Staff Report-1 .doc
15
Paul & Cecilia Shampay
41764 Corte Lara
Temecula, CA 92592
(909) 676-3697 / CeCi2~nctimes.net
May 21,2003
Mr. Donald Hazen, Principal Planner
Mr. David Hogan, Principal Planner
Temecula Planning Department
43200 Business Park Drive
Temecula, CA 92590
RE: Linfield Christian School MASTER PLAN
The Master Plan proposal for Linfield Christian School is on the agenda for the Temecula
Planning Commission meeting this evening. This letter is to explain our compelling support of
this Master Plan for the development of the Linfield campus.
Our daughters have attended Linfield since 1985, when the Elementary portion of the school first
began. Our youngest daughter, Becky, is in her Junior Year at Linfield High School.
In looking over all of the improvements that are laid out in the Master Plan, we are very excited
for the proposed changes to the school. Linfield has, in the past, taken the resources that they
have available and created a very strong program for academics and athletics, and this can only
broaden that ability.
The proposed enhancements in the areas of fine arts, library, dining, and technology, and the
addition of classreoms, will give the school increased college preparatory influence. The
outdoor amphitheater will expand their drama department.
The most exciting thing for us is the proposed changes to the athletic facilities. Our daughter
Becky plays Varsity Volleyball and Softball and played basketball in middle school. Linfield has
always had a wonderful sports program, but is lacking in the resources to implement many of
their sports. The changes and additions, including athletic fields, track facilities, swimming pool,
tennis courts, lighting, etc., would allow Linfield to expand their sports and training programs.
This will enable them to expand/adjoin their academic college prep with collegiate sports prep.
The improvements that relate to the precise grading plan, street improvements, road, and security
fencing are something that will not only benefit the school but the general public.
The benefits that our daughters have had at Linfield are immeasurable. They have grown so
much spiritually, intellectually and athletically. They talk together about how fortunate they are to
have gone to such a wonderful school, and thank us for allowing them that opportunity. Although
our youngest will be graduating next year, we have high hopes that our grandchildren will attend
Linfield some day.
We are praying that the committee with see the benefits that this plan has to offer to future
scholars and athletes, who desire a Christian college prep environment, and a devoted staff. If
you have any questions, please do not hesitate to contact us.
Sincerely,
Paul & Cecilia Shampay
Linfield Christian School Parents
~a~ 19 03 04:48p
PDC,TEMECULA~OFFICE
90~-695-5597
p.2
'~'=~ PRoJECTDF~SIGN CONSULTANTS
May 19, 2003
City of Temecula
PLANNING DEPARTMENT
43200 Business Park Drive
Temecula, CA 92589-9033
Attention: Planning Commission
Regarding: LINFIELD SCHOOL MASTER PLAN
Dear Commissioners:
As a resident of Temecula, I would like to take this opportunity to give my support for the
approval of the Linfield School Master Plan. The Master Plan as proposed is an opportunity
for the City of Temecula to enhance one of it's often overlooked assets. The Master Plan
before you is the cornerstone of the campus development that started with the Minor CUP
approved by the City in June 2002. This plan will create uniformity in the land use of this
property and maintain it's compatibility with the surrounding neighborhood. The design will
allow for the cohesive development of this property and emphasize the natural
characteristics of the campus. As you may know, the Linfield campus is also used by a
number of non-affiliated youth organizations. These organizations will also benefit from the
future development of the campus. Your approval of the Master Plan sets forth a
comprehensive program to guide the future expansion and development of the Linfield
School and the continuation of a tradition the City of Temecula can be proud of.
Sincerely,
Benja~r~n J. Stables III
29974 Corte Tolano
Temecuia, CA 92591
43460 Ridge Park Drive. Suite 170
Temecula, California 92590
909-695-5596 Tel
909-695-5597 Fax
CADOCUMENTS AND SETITNGS~IA YS~'Y DOCUMENTS~LINFIELD PC MTG.DOC
Ha~ 20 03 0~: 1Bp Gosch 909-303-6900
May 20, 2003
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA 92589-9033
Attention: Planning Commission
Regarding: Linfield Christian School Master Plan
Dear Commissioners:
As residents and business owners in Temecula, we would like to express our support for
the approval of the Linfield Christian School Master Plan. As we see it, this is nothing
but a great opportunity for the City of Temecula. The school fulfils the need of many
families and is an important draw to the community. In fact, it was the Lintield Christian
School that brought our family to the city. Linfield also serves a number of non-affiliated
youth organizations. These organizations will also benefit from the future development of
the campus. As you are well aware of, new local schools are desperately needed for the
growing community. Linfield is in desperate need of expansion and improvement of its
facilities to handle that same growth. Everyone wins if you vote to approve Linfield's
Master Plan. Thank you.
Sincerely,
Mr. & Mrs. Marc Gosch
30964 Pescado Drive
Temecula, CA 92492
Via Fax
Mr. Dermis Chiniaeff, Chairman
Planning Commission
Temecula City Hall
43200 Business Park Dr.
P.O. Box 9033
Temecula, CA 92589-9033
Re: Planning Application PA02-0612
PA01-0653
Linfield
Dear Mr. Chiniaeff,
I am in support of Linfield's Application/Master Plan. As you know,
Linfield is an integral part of Temecula, and one of the reasons the town is
such a special place.
By adopting the proposed Master Plan, Linfield will have a blueprint for its
carefully planned expansion into the future. This expansion will allow the
school to continue to improve its academics and become an even better
neighbor to the community.
Please support the Linfield Master Plan.
Thank you,
James Kevin Fergus
P.O. Box 2533
Fallbrook, CA 92088-2533