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HomeMy WebLinkAbout082598 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make masonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title il] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 25, t998 - 7:00 PM 5:30 PM - Closed Session of the City Council pureu.,ant to Government Code Sections: 1. Conference with real.property negptiator pu~u;!nl~ to GOvernment Code Section 64956.8 conceritlng the aCqaisiti:0n of real'.!pr0pe~' I.~Cai~! at42051 Main Strset(APN 922-036- 020'), 21~lN~ Front Street (APN 92'24)35-001), 2~86~7i'Front Street (APN 9224)45-017), 28735 Pujol S~reet (APN 9."?.2-0624)19), 28731 Pu]ol Street (APN 922-062-016), 28725 Pujol Street (APN 922-062-0tO), 42291 Sixth street (APN 922~0~2-01t), no situs (APN 922-053-080), 4t 830 Sixth Street {APN 922-03t-0~ 8), 41858 Fifth '.Street, (APN 922-031-009), 41843 Fifth Street (APN 922-022-010). The negotiating parties are the City of Temecula/parcels of Redevelopment Agency of the city of Temecula and Lorraine Clark, Ladd Penfold, Ladanyl Rutner, Co'rbin, Ciais, Otto lot, Pelorierb, iValencla, and Eppenger. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28721 Front Street (APN 922-073- 017, APN 922-046-022, and APN 922-073-024). The negotiating parties are the City of of Temecula/Redevelopment Agency of the City of Temecula and Cleveland Investment Co., and Margaret and William Forther. Under negotiation are the price and terms of Payment of the real property interests proposed to be acquired. 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: Strachota Insurance Agency vs. City of Temecula. Conference with City Attorney and legal counsel pursuant to Government Code Section 549565.9(b) with respect to three matters of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and/or the Agency based on existing facts end circumstances. R:~Agenda\082598 1 At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Mayor Ron Roberts presiding Next in Order: Ordinance: No. 98-16 Resolution: No. 98-84 Chris Jordan Pastor John R. Chambers of Grace Presbyterian Church Councilman Stone Comerchero, Ford, Lindemans, Stone, Roberts 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 not 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 before the Council gets to 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. R:~Agenda~082598 2 2 4 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of August 11, 1998. Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Amendment to Fire Protection Agreement RECOMMENDATION: 4.1 Approve the Second Amendment to Fire Protection Agreement with Riverside County and authorize the Mayor and City Clerk to execute the amendment, final form to be approved by the City Manager and the City Attorney. Approval of Contracts for Plan Review Services RECOMMENDATION: 5.1 Approve an agreement for Consultant Services with Esgil Corporation to perform plan review services for the Building and Safety Department for a term of three (3) years, expiring June 30, 2001; 5.2 Approve an agreement for Consultant Services with VanDorpe Chou and Associates to perform Plan Review Services for the Building and Safety Department for a term of three (3) years, expiring June 30, 2001. R:~Agenda~082598 3 6 7 8 9 10 Tract MaD No. 23371-10 (located south of La Serena Drive west of Temeku Drive) RECOMMENDATION: 6.1 Approve Tract Map No. 23371-10 in conformance with the Conditions of Approval; 6.2 Approve Subdivision Improvement Agreement; 6.3 Approve Subdivision Monument Agreement and accept the Faithful Performance bond, Labor and Materials bond and Monument bond as security for the agreements. Tract MaD No. 23371-9 (located south of La Serena Drive west of Temeku Drive) RECOMMENDATION: 7.1 Approve Tract Map No. 23371-9 in conformance with the Conditions of Approval; 7.2 Approve Subdivision Improvement Agreement; 7.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials bond and Monument bond as security for the agreements. Release Subdivision Monumentation Security in Tract No. 24133-5 (located westerly of Montele~ro Way between McCabe Drive and Leena Way) RECOMM EN DATION: 8.1 Authorize release of the Subdivision Monumentation Security in Tract No. 24133-5; 8.2 Direct the City Clerk to so advise the Developer and Surety. Release Subdivision Monumentation Security in Tract No. 27827-1 (located northwestern corner of intersection of North General Kearny Road at Nicolas Road) RECOMMENDATION: 9.1 Authorize release of the Subdivision Monumentation security in Tract No. 27827-1; 9.2 Direct the City Clerk to so advise the Developer and Surety. Release Subdivision Monumentation Secudtv in Tract No. 27827-F (northwesterly corner of intersection of North General Kearny Road at Nicolas Road) RECOMMENDATION: 10.1 Authorize release of the Subdivision Monumentation Security in Tract No. 27827-F; R:~Agenda\082598 4 11 12 13 10.2 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Easement Deeds, Offers of Dedication, and Rights of entry and Temporaw Construction Agreements for the Promenade Mall Infrastructure Off-Site Storm Drain, and Related Purposes (located southwesterly of Margarita Road at Winchester Road) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN EASEMENT DEEDS FOR SLOPE AND STORM DRAIN AND TRAFFIC SIGNAL MAINTENANCE PURPOSES, OFFERS OF DEDICATION FOR ROAD PURPOSES, AND RIGHTS OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENTS FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT Sewer Facilities Agreement with Eastern Municipal Water District for Relocation of Sanitary Sewer for Overland Drive Overcrossing at Interstate Route 15, Project No. PW95-11 RECOMMENDATON: 12.1 Approve the Interagency Agreement and Bill of Sale and authorize the Mayor to execute both documents. 12.2 Authorize payment to the Eastern Municipal Water District for engineering, inspection, and testing fees in the amount of $4,470.00. Resolution in Support of Railroad to Railroad Grade Separation at Colton, California RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RAILROAD TO RAILROAD GRADE SEPARATION PROJECT AT COLTON, CALIFORNIA R:~Agenda~082598 5 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND WINCHESTER HILLS FINANCING AUTHORITY R:~Agenda~082598 TEMEGUL~ COMMUNITY SERVICES DISTRICoT MEEtiNG Next in Order: Ordinance: No. CSD 98-01 Resolution: No. CSD 98-17 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: 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 desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Board of Directors gets to 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 August 11, 1998. DISTRICT BUSINESS DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES' REPORT GENERAL MANAGER'S REPORT R:~Agenda\082598 7 BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: September 8, 1998, scheduled to follow the City Council Consent Calendar, Council Chambers, 43200 Business Park Drive, Temecula, California. City R:~,genda~082598 8 TEME,CU..~: REDEVELgPMENT AGENCY MEETING) **,~'~'~,'~W'~.~**~,~,.~'~ ~ ~,~ ~'~ &~, ~ ~***************************** Next in Order: Ordinance: No. RDA 98-01 Resolution: No. RDA 98-14 CALLTO ORDER: Chairperson Karel Lindemans presiding ROLLCALL: AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Linderoans PUBLIC COMMENT: A total of 15 minutes is provided so 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 desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 11, 1998. RECONVENE TEMECULA CITY COUNCIL - Mayor Roberts JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS 2 Old Town People-Mover RECOMMENDATION: 2.1 Being presented for discussion at the request of Counc!lmember. Lindemans. RECESS CITY COUNCIL MEETING - Mayor Roberts R:~,genda~082598 9 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: September 8, 1998, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda~382598 10 WINCHESTER HILLS FINANClNO AUTHORITY Next in Order: Ordinance: No. WHFA 98-02 Resolution: No. WHFA 98-13 CALL TO ORDER: Chairperson JeffComerchero ROLL CALL: AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, Comerchero PUBLIC COMMENT: A total of 15 minutes is provided so members of the public may address the Winchester Hills 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 desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 11, 1998. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBERS' REPORTS ADJOURNMENT Adjourn to the next regular meeting: September 8, 1998, scheduled to follow the Redevelopment Agency meeting, City Council Chambers, 43200 Business Park Drive Temecula., California ~ R:~Agenda~082598 11 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 14 Abatement of Hazardous Vegetation from Vacant Lots or Parcels Der Ordinance No. 91-18, Chapter 6.16 RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION 15 Plannine Aoplication No. PA97-0349 - Amendment to Sections of the City's Development Code Pertaining to On-site Storaee of Vehicles (Includine Recreational Vehicles in Residential Zones RECOMMENDATION: 15.1 Adopt the Negative Declaration for PA97-0349; 15.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF SECTION 17.24.020. D OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES 16 Adoption of Zoning Regulations and Licensing of Sexually Oriented Businesses RECOMMENDATION: 16.1 Adopt the Negative Declaration pursuant to the California Environmental Quality Act for the proposed ordinance; R:~Agenda~,082598 12 ~ 16.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO, 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS COUNCIL BUSINESS 17 Murrieta Creek Project Committee Membership RECOMMENDATION: 17.1 Appoint one member of the City Council to serve on the Murrieta Creek Project Committee. 18 Award of Construction Contract for Mamarita Road Storm Drain - Project No. PW97-07 RECOMMENDATION: 18.1 Award construction contract for the Margarita Road Storm Drain - Project No. PW97-7 ~-- and authorize the Mayor to execute the contract. 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount which is 10% of the contract amount. 19 Temecula Valley Playhouse Community Service Funding ReQuest RECOMMENDATION: 19.1 Consider an $18,000 funding request from the Temecula Valley Playhouse for their community service programs. 20 Arts Council of Temecula Valley Community Service Funding ReQuest RECOMMENDATION: 20.1 Review and consider the Arts Council of Temecula Valley Funding request for $22,000 for their community service programs. R:~genda~)82598 13 21 Temecula Library Services RECOMMENDATION: 21.1 Discuss a possible agreement with the City of Murrieta and County of Riverside regarding the Temecula Library. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: September 8, 1998, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda~082598 14 ITEM 1 ITEM 2 City Council AuClust 11, 1998 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 11, 1998 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:00 P.M. It was duly moved and seconded to adjourn to Closed Session, pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 4956.8 concerning the acquisition of portions real property located at 27622 and 27628 Jefferson Avenue. The negotiating parties are the City of Temecula and Connie Hill and Dean Hill. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 42051 Main Street (APN 922-036-020), 28545 Front Street (APN 922-035-001), 28677 Front Street (APN 922-045-017), 28725 Pujol Street (APN 922-062-010), 42291 Sixth Street (APN 922-052-011), no situs (APN 922-053- 080), 41830 Sixth Street (APN 922-031-018), 41858 Fifth Street (^PN 922-031-009), and 41843 Fifth Street (APN 922-022-010). The negotiating parties are the City of Temecula/parcels of Redevelopment Agency of the City of Temecula and Lorraine Clark, Ladd Penfold, Cadeus Properties, Ladanyi, Rutner, Corbin, Ciais, Otto lot, Pelonero, Valencia, and Eppenger. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. 3. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to three (3) matters of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Stone, and Roberts. Absent: Councilmember: Ford. PRELUDE MUSIC The prelude and intermission music was provided by Brad Beyenhof. INVOCATION The invocation was given by Pastor Sofia Sadler of Harvester Church of Temecula. ALLEGIANCE The audience was led in the Flag salute by Councilman Lindemans. City Council August 11, 1998 PRESENTATIONS/PROCLAMATIONS Sergeant Mitch Aim presented an update on the City's T.A.G. (Temecula against Graffiti) Program and extended recognition to those individuals responsible for the success of this Program - the Temecula Police Officers, the Reserve Officers, the citizen volunteers, the close cooperation with the City's Public Works Department, and the Temecula Unified School District's Maintenance Department. Sergeant Aim introduced Police Officer Jeff Kubel who further elaborated on the success of this program. Councilman Lindemans requested that special recognition be given to those individuals who have volunteered to make this Program the success it is. PUBLIC COMMENTS A. On behalf of the Old Town merchants, Mr. David Lewis, 28561 Front Street, thanked the City Council for its support to Old Town dudng the streetscape improvement project. Mr. Lewis as well relayed his support of an Old Town Trolley. B. Echoing Mr. Lewis' comments, Ms. Audrey Hicks, 28635 Front Street, extended her appreciation of the Council's support during the construction period. CITY COUNCIL REPORTS A. Councilman Stone advised that he had attended the League of California Cities meeting of August 10, 1998, at which the 25% reduction of the Vehicle License Fee was discussed, relaying his concern of no future guarantee of the State's General Fund allocations to the citites. B. Councilman Stone commended the T.A.G. Program on its success as well as the Neighborhood Watch Program and extended appreciation to Maintenance Superintendent Buron and his staff for their immediate response time with regard to graffiti removal. CONSENT CALENDAR 1. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Ai3~3roval of Minutes RECOMMENDATION: 2.1 Approve the minutes of July 14 and July 28, 1998. (Councilman Lindemans abstained with regard to the approval of the July 28, 1998, City Council minutes.) City Council Au.qust 11, 1998 o Resolution Approvin.ci List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-78 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 as of June 30. 1998 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of June 30, 1998. Riverside County Transportation Commission Board Membership RECOMMENDATION: 5.1 Appoint a principal and an alternate representative to the newly constituted Board. Mayor Roberts was appointed as the principal and Councilman Comerchero was appointed as the alternate to the Board. Joint Proiect Fundinn Aqreement - Highway 79 South Phase II RECOMMENDATION: 6.1 Approve the Joint Project Funding Agreement with the County of Riverside Assessment District No. 159 for Highway 79 South Phase II and authorize the Mayor to execute the agreement. Acceptance of Grant Deed for portion of Pala Road (Temecula Creek) Bridge Proiect Right-of-Way and Related Purposes RECOMMENDATION: 7.1 Adopt a resolution entitled: City Council Au.qust 11, 1998 10. RESOLUTION NO. 98-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN CORPORATION GRANT DEED FOR RIGHT OF WAY, SLOPE EASEMENT, AND TEMPPORARY CONSTRUCTION EASEMENT FOR PALA ROAD (TEMECULA CREEK( BRIDGE PROJECT FOR STREET CONSTRUCTION PRUPOSES BUT NOT ACCEPTING INTO THE CITY- MAINTAINED STREET SYSTEM AT THIS TIME (KCY DEVELOPMENT, INC., A CALIFORNIA CORPORATION) Acce13t Public Im13rovements in Parcel MaD No. 24085-3 (located northwesterly of the intersection of Diaz Road and Zevo Ddve - Avenida de Ventas) RECOMMENDATION: 8.1 Accept the public improvements in Parcel Map 24085-3; 8.2 Authorize reduction in the Faithful Performance security to the warranty amount, and initiation of the one-year warranty period; 8.3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (within Parcel MaD. No. 24085-3 (located westerly of the intersection of Winchester Road at Diaz Road RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 98-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 24085-3) Accept Substitute Agreement and Securities in Tract No. 23304 (located northerly of Rancho California Road westerly of Humber Street) RECOMMENDATION: 10.1 Accept the substitute Subdivision Improvement Agreement and Securities in Tract No. 23304; 10.2 Authorize an eighteen-month (18) extension of time and release the Faithful Performance and Labor and Materials securities on file; 10.3 Authorize release of the Subdivision Monumentation security on file; 4 City Council August 11, 1998 11. 12. 13. 14. 10.4 Direct the City Clerk to so notify the Developer and Sureties. Accel:)t In-Tract Public Im~3rovements in Tract No. 24131-3 (located northwesterly of Meadows Parkway at Leena Way RECOMMENDATION: 11.1 Accept In-Tract public improvements in Tract No. 24131-3; 11.2 Authorize reduction In-Tract Faithful Performance security amounts to the ten percent (10%) warranty amount, and initiation of the one-year warranty period; 11.3 Direct the City Clerk to so notify the Developer and Surety. Accel:)tance of Public Streets into the City-Maintained Street System (within Tract No. 24131-3 (located at the northwesterly corner of Meadows Parkway at Leena Way) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 98-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC ST REETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24131-3) Release Faithful Performance and Labor and Materials Securities in Tract No. 26861-1 (located southwesterly of the intersection of Margarita Road at Highway 79 S) RECOMMENDATION: 13.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for public and private improvements in Tract No. 26861-1; 13.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Securities for Certain Im;)rovements in Tract No. 26861-3 (located southwesterly of the intersection of Highway 79 S at Margarita Road) RECOMMENDATION: 14.1 Authorize release of the Faithful Performance Warranty securities for certain improvements including private streets and drainage, and water and sewer systems in Tract No. 26861-3; 14.2 Direct the City Clerk to so notify the Developer and Surety. City Council Au.qust 11, 1998 15. 16. 17. Release Faithful Performance Warranty Securities for Certain Improvements in Tract No. 26861-F (located southwesterly of the intersection of Margarita Road at Highway 79 S) RECOMMENDATION: 15.1 Authorize the release of Faithful Performance Warranty securities for certain improvements in Tract No. 26867-F; 15.2 Direct the City Clerk to so advise the Developer and Surety. Second Reading of Ordinance No. 98-13 RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 98-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY, PRE-ZONING THE AREAS KNOWN AS THE REDHAWK AND VAIL RANCH SPECIFIC PLANS AS PART OF PLANNING APPLICATION NO. PA98-0205 ESTABLISHING ZONING FOR THIS AREA AS SPECIFIC PLAN THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS ORDINANCE AS EXHIBIT A Second Readinn of Ordinance No. 98-14 RECOMMENDATION: 17.1 Adopt an ordinance entitled: 6 Cib/Council Au.qust 11, 1998 18. ORDINANCE NO. 98-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE ClTY'S DEVELOPMENT CODE PERTAINING TO SIDE YARD REQUIREMENTS FOR SHOPPING CENTERS, HEIGHTS OF ACCESSORY STRUCTURES IN THE HR, VL, L-1 AND L-2 ZONES, REGULATIONS FOR TEMPORARY CONSTRUCTION TRAILERS IN RESIDENTIAL ZONES, CLARIFYING SIDE YARD STORAGE FOR VEHICLES, RELOCATING THE MOTORCYCLE PARKING SPACE DIMENSIONS FROM SECTION 17.24.050.A. TO SECTION t7.24.040.G.3 (ADDED), REQUIREMENTS FOR WHEEL STOPS IN COMMERCIAL ZONES, MODIFYING SECTION 17.16.070 OF THE DEVELOPMENT CODE, DELETING PALA VILLAGE FROM THE LIST OF SPECIFIC PLANS AND AMENDING THE ZONING MAP FOR PROPERTIES IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 914- 8tt-001, 914-811-002, 9t4-81t-003, 914-811-004, 914- 8tt-005, 914-811-006, 9t4-8tl-007, 9t4-812-001, 9t4- 812-002, 914-812-003, AND 914-812-004 FROM VL (VERY-LOW DENSITY RESIDENTIAL .2-.4 DWELLING UNITS PER ACRE) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 92t-090-038 AND 921-090-039 FROM H (HIGH-DENSITY RESIDENTIAL) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 944-331-001 THROUGH 944-331-025 FROM SP - SPECIFIC PLAN (A PART OF THE RANCHO HIGHLANDS SPECIFIC PLAN) TO H (HIGH-DENSITY RESIDENTIAL 13-20 DWELLING UNITS PER ACRE) AND RE-ASSIGNING NUMBERS SP-I THROUGH SP-8 TO THE VARIOUS SPECIFIC PLANS WITHIN THE CITY Second Reading of Ordinance No. 98-15 RECOMMENDATION: 18.1 Adopt an ordinance entitled: 7 City Council Au.qust 11, 1998 ORDINANCE NO. 98-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1) AMARITA WAY BETWEEN PIO PICO ROAD AND MCCABE ROAD, 2) MONTELEGRO WAY BETWEEN PIO PICO ROAD AND MC CABE ROAD, 3) NICOLAS ROAD BETWEEN WINCHESTER ROAD AND VIA LOBO, AND 4) LA PAZ STREET BETWEEN YNEZ ROAD AND HIGHWAY 79 SOUTH MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. I - 18. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of Councilman Ford who was absent and with Councilman Lindemans abstaining on the approval of the July 28, 1998, minutes. PUBLIC HEARINGS 19. Ador)tion of Zoning Regulations and Licensing of Sexually Oriented Businesses RECOMMENDATION: 19.1 Continue the public hearing to the meeting of August 25, 1998. Referencing the recommendation to continue the public hearing, City Attorney Thorson advised that the hearing would be renoticed to reflect the addition of a Negative Declaration. MOTION: Councilman Stone moved to continue the public hearing to the August 25, 1998, City Council meeting. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the excel~tion of Councilman Ford who was absent. COUNCIL BUSINESS 20. Plannin~ APplication No. PA98-0235 - Commencement of Actions Necessary to Detach Certain Real Property from the City of Temecula, located on the North side of Winchester Road, at the Citv's Northern City Limit and Known as Assessor's Parcel No. 911-140-007 (Sonny Salkind, Property Owner) RECOMMENDATION: 20.1 Adopt a resolution entitled: City Council Au.qust 11, 1998 RESOLUTION NO. 98-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0235 - THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA AND WAIVING CONDUCTING AUTHORITY PROCEEDINGS PER SECTION ,56837 OF THE GOVERNMENT CODE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE ClTY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007 Community Development Director Thornhill reviewed the staff report (of record), noting that because of the size of the property of discussion, he would not be concerned about any potential City impacts as a result of future County zoning and potential use of the property. Expressing appreciation to the City Council and Planning Commission for its efforts with regard to this issue, Mr. Sonny Salkind requested that the City Council approve this request. MOTION: Councilman Stone moved adopt Resolution No. 98-82. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exce~3tion of Councilman Ford who was absent. 21. Termination of Museum Lease with Temecula Valley Museum RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 98-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN SECOND AMENDMENT TO AMENDED AND RESTATED MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY MUSEUM, INC., TERMINATING THE LEASE Community Services Director Parker presented the staff report (of record). MOTION: Councilman Linderoans moved to adopt Resolution No. 98-83. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of Councilman Ford who was absent. Cit~ Council August 11, 1998 CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S REPORT With regard to Closed Session Item Nos. 1 and 2, City Attorney Thorson advised that the City Council gave direction to him as well as staff and that final action with regard to the acquisition would be taken in Open Session. With regard to Item No. 3, City Attorney Thorson advised that two issues were discussed and direction was provided. ADJOURNMENT At 7:50 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, August 25, 1998, at 7:00 P.M. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] 10 ITEM 3 RESOLUTION NO. 98- 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 $2,547,839.39. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 25th day of August, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos 98- I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 98- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 25th day of August, 1998 by the following roll call vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk Resos 98- 2 CITY OF TEMECULA LIST OF DEMANDS 08/06/98 TOTAL CHECK RUN: 08/13/98 TOTAL CHECK RUN: 08/25/98 TOTAL CHECK RUN: 08/06/98 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 08/26/98 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 150 AB 2766 FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 ~NITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE 390 TCSD - DEBT SERVICE PAYROLL: 001 GENERAL 165 RDA-LOW/MOD 190 TCSD 191 TCSD SERVICE LEVEL A 1"2 TCSD SERVICE LEVEL B .5: TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BYFUND: PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST GENI~BERTS. DIRECTOR OF FINANCE RONALD E. BRADLEY, CITY MANAGER ~ 310,100.36 22,128.47 17,723.48 108,425.99 10,896.10 24,487.56 24,170.93 816.25 ,176,231.19 618,014.37 20,505.65 15,048.26 11,520.00 17,853.59 0.00 0.00 116,807.90 2,551.47 37,513.44 56.82 185.05 2,270.41 1,056.84 1,421.90 664.57 2,996.18 1.1~5.05 3,525.26 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. 418,473.18 352,924.78 1,606,244.54 170,196.59 2,377,642.50 170,196.89 2,547,839.39 VOUCHRE2 08/05/98 15:09 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MOO SET ASIDE 190 CO#HUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 111,092.17 5,700.68 24,560.86 126.34 49.96 6,689.79 383.85 222,76~.22 12,822.91 4,660.52 4,411.61 11,147.66 14,062.61 TOTAL 418,47'5.18 VOUCHRE2 CITY OF TEMECULA 08/05/98 15:09 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUHBER ITEM AMOUNT CHECK AJ4OUNT 50779 08/03/98 003324 TEMECULA STAGE STOP, TH PARTIAL DEPOSIT REL PA97-0405 001-2650 50780 08/03/98 002372 HARMON, dUDY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 6,000.00 488.00 6,000.00 488.00 50781 08/04/98 003324 50782 08/04/98 TEMECULA STAGE STOP, TH WESTSIDE BUSINESS CENTE REIMB:ADD~L CONSTRUCTION COSTS REFUND:ENGINEERING DEPOSIT 280-199-804-5804 001-2670 107998 07/29/98 000444 INSTATAX (EDD) UI ETT QTR 2 1998 001-2350 107998 07/29/98 000444 INSTATAX (EDD) UI ETT QTR 2 1998 165-7350 107998 07/29/98 000444 INSTATAX (EDD) Ul ETT QTR 2 1998 190-2350 107998 07/29/98 000444 INSTATAX (EDD) UI ETT QTR 2 1998 192-2350 107998 07/29/98 000444 INSTATAX (EDD) UI ETT QTR 2 1998 193-2350 107998 07/29/98 000444 INSTATAX ¢EO0) UI ETT OTR 2 1998 194-2350 107998 07/29/98 000444 INSTATAX (EDD) UI ETT OTR 2 1998 280-2350 107998 07/29/98 000444 INSTATAX (EDD) UI ETT QTR 2 1998 330-2350 107998 07/29/98 000444 INSTATAX (EDD) UI ETT QTR 2 1998 340-2350 50785 08/06/98 003087 A F CONSTRUCTION SUPPLY RES.IMPROV. PROGRAM:CASTELLON 165-199-813-5804 9,292.00 44,500.00 2,693.94 129.55 2,624.15 1.80 9.02 18.04 27.43 36.43 204.75 615.00 9,292.00 44,500.00 5,745.11 615.00 50786 08/06/98 000116 A V P VISION PLANS 000116 AVP 001-2310 50786 08/06/98 000116 A V P VISION PLANS 000116 AVP 165-2310 50786 08/06/98 000116 A V P VISION PLANS 000116 AVP 190-2310 50786 08/06/98 000116 A V P VISION PLANS 000116 AVP 193-2310 50786 08/06/98 000116 A V P VISION PLANS 000116 AVP 280-2310 50786 08/06/98 000116 A V P VISION PLANS 000116 AVP 300-2310 50786 08/06/98 000116 A V P VISION PLANS 000116 AVP 340-2310 50786 08/06/98 000116 A V P VISION PLANS COBRA NELSON AUGUST PYT 001-1180 632.30 12.90 55.92 1.72 4.30 4.30 21.50 17.20 750.14 50787 08/06/98 003316 ACT NOW TEMP HELP W/E 6/27 MENDO7_A 280-199-999-5362 170.10 170.10 50788 08/06/98 002038 ACTION POOL & SPA SUPPL MISC. POOL SUPPLIES 190-180-999-5212 50788 08/06/98 002038 ACTION POOL & SPA SUPPL CREDIT:INVOICE PAID PREVIOUSLY 190-180-999-5212 511.81 475.00- 36.81 50789 08/06/98 001281 ALHAMBRA GROUP 50789 08/06/98 001281 ALHAMBRA GROUP LDSC ARCHITECT SRVCS MARG. PRK 210-190-119-5802 LDSC ARCHITECT SRVCS WIMCH.PRK 210-190-149-5802 400.00 300.00 700.00 507913 08/06/98 ALONZO, ARTHUR REFUND:W(~4ENS SOFTBALL LEAGUE 190-183-4994 150.00 150.00 50791 08/06/98 AMAVISCA, LORRI REFUND:SWIMMING CLASS 190-183-4975 27.00 27. O0 50792 08/06/98 000101 APPLE ONE, INC. TEMP HELP W/E 7/18 WILLIAMS 280-199-999-5118 199.95 199.95 50793 08/06/98 001323 ARROWHEAD WATER, INC. DRINKING WATER FOR MAINT. FAC. 340-199-701-5250 50793 08/06/98 001323 ARROWHEAD WATER, INC. DRINKING WATER FOR CITY HALL 340-199-701-5250 50793 08/06/98 001323 ARROWHEAD WATER, INC. DRINKING WATER FOR CRC 190-182-999-5250 50794 08/06/98 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - TCC 190-184-999-5212 50794 08/06/98 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - PARKS 190-180-999-5212 50794 08/06/98 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - PARKS 190-180-999-5212 241.16 95.87 35.02 152.70 330.00 230.50 372.05 713.20 VOUCHRE2 08/05/98 VOUCHER/ CHECK NUMBER 5O795 50796 50796 50796 50796 50796 50797 50798 50798 50798 50799 50800 50801 50802 50803 50804 50804 50804 50804 50804 50804 50805 50805 50805 50805 50805 50806 50807 50807 50808 50809 50810 50811 50812 15:09 CHECK DATE 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 002871 003138 003138 003138 003138 003138 000128 000126 000126 000126 002534 000135 001195 001555 000140 000140 000140 000140 000140 000140 003328 003328 003328 003328 003328 000442 003179 003179 003315 002106 002413 001233 VENDOR NAME BOYKIN, EDUARD W. CAL MAT CAL MAT CAL MAT CAL MAT CAL MAT CAL-SURANCE ASSOCIATES, CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CATERERS CAFE, THE CENTRAL CITIES SIGN SER CENTRAL SECURITY SERVIC CHRISTOPHERSON FIRE PRO CLERK OF THE COURT, RIV COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACC]DEN COLONIAL LIFE & ACC]OEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN CONPEX LEGAL SERVICES, CONPEX LEGAL SERVICES, CC~!PEX LEGAL SERVICES, COMPEX LEGAL SERVICES, COMPEX LEGAL SERVICES, COMPUTER ALERT SYSTEMS CONTRERAS CONSTRUCTION CONTRERAS CONSTRUCTION COUNTRY REVIEW, THE DA FAMILY SUPPORT DALEY & HEFT DAN'S FEED & SEED, INC. DARDEN, KRISTINA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION PORTABLE P.A. SYSTEM A.C. FOR PUBLIC I,K)RKS MAINT A.C. FOR PUBLIC WORKS MAINT A.C. FOR PUBLIC WORKS MAINT A.C. FOR PUBLIC WORKS MAINT A.C. FOR PUBLIC WORKS MAINT MOBILE EQUIPMENT POLICY 98/99 LDSC IMPROV. - TMS BALLFIELDS LDSC IMPROV. - T.C.C. LDSC IMPROV. - T.C.C. REFRESHMENTS PLANNING MTG 7/6 STREET SIGNS & MISC HARDWARE JUL ALARM MONITORING - CRC CRC FIRE SUPPRESSION SYS. TEST R-O-W AGU]SITION - PALM PLAZA 000140 1500 A&S 000140 600 A&S 000140 600 A&S 000140 800 A&S 000140 800 A&S 000140 CANCER JUN LEGAL SERVICES - CLAIMS JUN LEGAL SERVICES - CLAIMS JUN LEGAL SERVICES - CLAIMS dUN LEGAL SERVICES - CLAIMS dUN LEGAL SERVICES - CLAIMS REPAIR PROX CARD READER C.HALL C/O #1 SIDEWALK IMPROV.PW97-02 RETENTION W/H SIDEWALK IMPROV. AUG ADVERTISING - OLD TO~N 002106 SUPPORT JUN LEGAL SERVICES - CLAIMS PROPANE GAS FOR FIELD TANKS REFUND:SWIMMING CLASS ACCOUNT NUMBER 320-1970 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-164-601-5218 300-199-999-5200 190-180-999-5415 190-184-999-5212 190-184-999-5212 001-161-999-5260 001-164-601-5244 190-182-999-5250 190-182-999-5250 210-1652, 001-2330 001-2330 190-2330 001-2330 190-2330 001-2330 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 340-199-701-5212 210-1990 210-2035 280-199- 999- 5362 190-2140 300-199-999-5246 001-164-601-5218 190-183-4975 ITEM AMOUNT 2,910.00 56.57 163.51 163.24 164.32 137.65 2,986.00 920.00 960.00 488.29 84.05 372.13 50.00 72.00 115,300.00 22.00 56.00 39.75 66.50 47.75 107.02 336.19 34.~ 10.61 330.77 278.07 58.00 3,794.00 379.40- 235.00 82.50 495.71 5.33 27.00 PAGE 2 CHECK AMOUNT 2,910.00 685.29 2,986.00 2,368.29 84.05 372.13 50.00 72.00 115,300.00 339.02 990.37 58.00 3,414.60 235.00 82.50 495.71 5.33 27.00 VOUCHRE2 08/05/98 VOUCHER/ CHECK NUMBER 50813 50814 50815 50816 50816 50816 50816 50816 50816 50817 50818 50818 50819 50819 50819 50819 50819 50819 50819 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 15:09 CHECK DATE 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 O8/O6/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 000609 002466 001669 001380 001380 001380 001380 001380 001380 000478 000478 000165 000165 000165 000165 000165 000165 000165 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 OO20O2 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 VENDOR NAME DOUBLETREE HOTEL DOVER ELEVATOR COMPANY DUNN EDWARDS CORPORATIO ES ES ES ES ES ES EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERV!C EMPLOYMENT SERVlC FALLON, ROBERT FAST SIGNS FAST SIGNS FEDERAL EXPRESS~ INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION HTL:LEAGUE CF 8/26-28 TCSD CON AUG ELEVATOR MAINT./SERVICE SUPPLIES FOR GRAFFITI REMOVAL TENP HELP N/E 7/17 WILLIAMS TEMP HELP N/E 7/17 WILLIAMS TENP HELP W/E 7/17 MILES TENP HELP W/E 7/17 MILES TENP HELP g/E 7/17 MILES TENP HELP g/E 6/19 DONAHOE REFUND:SUIMMING CLASS CONST.SIGNS O.T.ST.SCAPE PRJCT SALES TAX EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LZFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS, CO 002002 STD ACCOUNT NUMBER 190-180-999-5258 340-199-701-5212 001-164-601-5218 001-162-999-5118 001-161-999-5118 001-163-999-5118 001-165-999-5118 001-164-604-5118 001-161-999-5118 190-183-4975 280-199-999-5362 280-199-999-5362 001-162-999-5230 001-164-604-5230 001-110-999-5230 001-140-999-5230 280-199-999-5230 001-120-999-5230 001-1280 001-2360 165-2360 190-2360 191-2360 192-2360 193-2360 194-2360 280-2360 300-2360 320-2360~ 330-2360' 340-2360 001-2380 165-2380 190-2380 191-2380 192-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 ITEM AMOUNT 1,375.00 199.10 322.15 551.76 551.76 176.16 176.16 352.32 3,213.18 55.00 1,233.67 95.61 22.75 12.50 53.75 54.25 49.25 22.50 12.50 721.50 11.25 129.37 .45 1.11 13.67 5.73 6.75 4.50 18.00 12.00 20.67 1,358.33 27.88 224. O0 .90 2.03 26.49 11,07 14.08 8.58 44.71 10.25 31.63 1 ~496.25 PAGE 3 CHECK AMOUNT 1,375.00 199.10 322.15 5,021.34 55.00 1,329.28 227.50 VOUCHRE2 08/05/98 15:09 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50820 50822 50822 50822 50822 50822 50823 50824 50825 50826 50827 50828 50828 50828 50828 50829 50830 50831 50832 50833 50833 50834 50835 50836 50836 CHECK DATE 08/06/98 08/06/98 08/06/98 08/06/98 O8/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 000184 000184 000184 000184 000184 000351 000177 002409 001013 000194 000194 000194 000194 0028~2 001407 000199 001186 002695 002695 003194 003223 002023 002023 VENDOR NAME FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYN G T E CALIFORNIA - PAYM GILLISS, MAX C.M. GLENNIES OFFICE PRODUCT HAZ PAK INC. HEADLEY, MATT HINDERLITER deLLAMAS AS RETIREMENT TRUS RETIREMENT TRUS RETIREMENT TRUS RETIREMENT TRUS INLAND EMPIRE SMALL BUS INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC IRWIN, JOHN J A S PACIFIC CONSULTIN J A S PACIFIC CONSULTIN FORGERSON PAINTING K E A ENVIRONMENTAL, IN KING, WENDE KING, WENDE ITEM DESCRIPTION 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002OO2 STD OO2OO2 STD OO2OO2 STO OO20O2 STD DO2002 STO OO2OO2 STD 909-506-2626 JUL SUB-STATION 909-676-3526 JUL CITY F. ALARM 909-693-0956 JUL GENERAL USAGE 909-694-4356 JUL HINTERGAROT 909-694-8927 JUL GENERAL USAGE JUL PROF SRVCS-PALA RD BRIDGE MISC. OFFICE SUPPLIES HAZNAT MATERIAL SERVICES REFUND:PARK RENTALS QTR 3 CONSULTAlON FEE-SALES TX 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP SPNSRSHP ~98 DIAMOND VENTURE MISC POOL SUPPLIES - CRC 000199 IRS GARN TCSD INSTRUCTOR EARNINGS JUL PLAN CHECK SERVICES JUL PLAN CHECK SERVICES PAINT LIGHT POLES-CITY PRKG LT BIOLOGICAL SRVCS-PALA RD BRIDG TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 165-2500 190-2500 191-2500 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-170-999-5229 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 210-165-631-5801 001-170-999-5229 001-164-601-5430 190-183-4988 001-140-999-5248 001-2080 165-2080 190-2080 280-2080 001-111-999-5270 190-182-999-5212 001-2140 190-183-999-5330 001-162-999-5248 001-162-999-5248 340-199-701-5250 210-165-631-5801 190-183-999-5330 190-183-'999-5330 ITEM AMOUNT 29.95 240.63 .97 2.19 28.47 11.88 15.13 9.21 48.03 11.01 33.98 257.55 82.75 28.65 30.57 27.52 5,000.00 219.82 1,803.00 25.00 900.00 2,090.90 18.75 269.99 27.25 500.00 189.64 318.55 256.00 1,311.90 191.99 2,965.00 954.56 170.74 340.00 CHECK AMOUNT 4,632.65 427.04 5,000.00 219.82 1,803.00 25.00 900.00 2,406.89 500.00 189.64 318.55 256.00 1,503.89 2,965.00 954.56 510.74 VOUCHRE2 08/05/98 VOUCHER/ CHECK NUMBER 50837 50837 50838 50839 50839 50840 50841 508~2 50843 50844 508~5 508~6 5O847 508~8 508~8 508~8 508~8 508~8 508~8 508~8 508~8 508~9 508~9 508~9 50850 50850 50850 50850 50850 50850 50851 50852 50853 50853 50853 15:09 CHECK DATE 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 O8/O6/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 O8/O6/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 000548 000548 001282 001123 001123 003314 003260 000380 003212 002893 000869 003076 003076 003076 003076 003076 003076 003076 003076 00138~ 00138~ 00138~ 002980 002980 002980 002980 002980 002980 002105 002105 002105 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME KIPLINGER CALIFORNIA LE KIPLINGER CALIFORNIA LE KNORR SYSTEMS, INC KNOX INDUSTRIAL SUPPLIE KNOX INDUSTRIAL SUPPLIE KROUSE CONSTRUCTION LA CRESTA PLASTIC FENCE LAIDLAW TRANSIT, INC. ITEM DESCRIPTION SUBSCRIPTION:CALIF. LETTER CREDIT:KIPLINGER TAX LETTER MiSt POOL SUPPLIES - CRC SUPPLIES FOR STENCIL TRUCK SALES TAX RES.IMPROVEMENT PROGRAM:PATTON VILLAGES REPAIR/MAINT. FENCE BUS:7/16 DAY CAMP TRIP S.D.PRK LANCE SWEENEY & ASSOCIA UPDATE LDSC STANDARDS/SPECS LARA, NOE TCSD INSTRUCTOR EARNINGS LAWRENCE WELK RESORT TH WELKS EXCURSZON 8/12 LEINHOS, CATHY REFUND:SWIMMING CLASS LOCKHART, TRACY REFUND:k~qEN~S SELF DEFENSE MET LIFE INSURANCE CONP 003076 MET LIFE INSURANCE CONP 003076 MET LIFE INSURANCE CONP 003076 MET LIFE IHSURANCE CONP 003076 MET LIFE INSUI~RNCE CC~4P 003076 MET LIFE INSURANCE COMP 003076 MET LIFE INSURANCE CONP 003076 MET LIFE INSURANCE COMP OENTALML DENTALML DENTALML OENTALML DENTALML DENTALML OENTALML COBRA/NELSON-FLAMMER AUG MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS QTY 2000 ENVELOPES- CITY QTY 10,000 WIN.ENVELOPES-CITY SALES TAX NOD CRAFT, INC NOD CRAFT, INC HOD CRAFT, INC MOO CRAFT, INC MOD CRAFT, INC MOO CRAFT, INC JUN PRGSS:ADA PRK IMPRV C0#1&2 JUN PRGSS:AOA PRK INPRV C0#1&2 JUN PRGSS:ADA PRK INPRV JUN PRGSS:ADA PRK INPRV JUN PRGSS:ADA PRK IMPRV C0#1&2 RETENTION:JUN PRGSS:ADA PRK IM MURPHY, CARRIE REFUND: SWIMMING LESSONS O'HARA, SUSANNE REFUND: SWIMMING LESSONS OLD TC~/N TIRE & SERVICE OLD TOt~N TIRE & SERVICE OLD TCR4N TIRE & SERVICE CITY VEHICLE REPAIRS & NAINT CITY VEHICLE REPAIRS & NAINT CITY VEHICLE REPAIRS & MAINT ACCOUNT NUMBER 280-199-999-5228 280-199-999-5228 190-182-999-5212 001-16~-601-5218 001-16~-601-5218 165-199-813-5804 193-180-999-5212 190-183-999-5340 193-180-999-5248 190-183-999-5330 190-18~-999-5350 190-183-4975 190-183-4982 001-2340 165-2340 190-2340 193-2340 280-2340 300-2340 340-2340 001-1180 001-140-999-5222 001-140-999-5222 001-140-999-5222 210-190-~37-5804 210-190-1~8-5804 210-190-137-5804 210-190-148-5804 210-190-148-5804 210-2035 190-183-4975 190-183-4975 001-161-999-5214 001-162-999-5214 190-180-999-5214 ITEM AMOUNT 73.00 38.00- 110.98 124.10 9.62 2,950.00 4,902.63 282.10 480.00 112.80 464.00 25.00 20.00 2,629.78 97.79 270.36 20.87 58.67 19.56 78.23 106.50 176.82 410.01 45.48 4,607.28 18,486.88 10,042.93 40,297.57 5,143.79 7,857.85- 27.00 25.00 98.42 196.49 221.38 PAGE 5 CHECK AMOUNT 35.00 110.98 133.72 2,950.00 4,902.63 282.10 480.00 112.80 464.00 25.00 20.00 3,281.76 632.31 70,720.60 27.00 25.00 516.29 VOUCHRE2 08/05/98 VOUCHER/ CHECK NUMBER 50854 50855 50856 50857 50858 15:09 CHECK OATE 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 002406 000472 0007'53 001585 VENDOR NAME PACIFIC BUSINESS INTERI PARADISE CHEVROLET, INC PARTY PZAZZ PAUL GARDNER CORPORATIO PEREIRA, MICHAEL CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION RE-ISSUE CK:FURNITURE FOR CITY REPAIR & HAINT OF CITY VEHICLE RENTAL EQUIPMENT FOR TEEN PRG REL RETENTION PW95-16 REFUND: SWIMMING LESSONS 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PC 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS DEO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADM 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 50859 08/06/98 000245 PERS (HEALTH IHSUR. PRE 000245 PACIFICR 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 50859 08/06/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV ACCOUNT NUMBER 340-199-701-5219 190-180-999-5214 190-183-999-5320 210-2035 190-183-4975 001-2090 165-2090 280-2090 001-2090 190-2090 280-2090 001-2090 300-2090 001-2090 190-2090 191-2090 192-2090 193-2090 194-2090 280-2090 330-2090 340-2090 001-2090 190-2090 001-2090 190-2090 193-2090 194-2090 001-2090 001-2090 001-2090 001-2090 165-2090 280-2090 001-2090 190-2090 001-2090 190-2090 340-2090 001-2090 001-2090 190-2090 193-2090 001-2090 001-2090 ITEM AMOUNT 1,690.00 248.19 96.01 21,992.44 36.00 484.77 214.33 71.43 1,127.40 360.49 .85 844.50 39.46 5,7~2.57 920.46 15.56 38.40 347.27 120.08 1.49 155.25 808.68 1,707.53 148.83 3,607.57 676.35 19.10 104.45 16.00 2,725.86 981.37 107.53 100.~ 33.59 3.48 52.07 375.36 41.45 13.35 18.90 152.56 33.90 1.78 154.14 981.37- PAGE 6 CHECK ANOUNT 1,690.00 248.19 96.01 21,992.44 36.00 21,377.58 VOUCHRE2 08/05/98 15:09 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 5O86O 50861 50861 50861 50861 50861 50861 50861 50861 50861 50861 50861 50861 50861 50861 50862 50862 50862 50862 50862 50863 50863 5O863 50863 50863 5O864 5O865 50865 5O866 5O866 50866 5O866 50867 50867 50867 50867 5O868 50869 50870 50871 CHECK DATE 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 O8/06/98 0U/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 001958 000254 000254 000254 000254 000254 000254 000254 000254 000254 000254 000254 000254 000254 000254 002110 002110 002110 002110 002110 002930 002930 002930 002930 002930 003308 000262 000262 002412 002412 002412 002412 002985 002985 002985 002985 001365 002743 0O2864 000645 VENDOR NAME PERS LONG TERM CARE PRO PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS'ENTERPRISE CO~4PAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRIME EQUIPMENT PRIME EQUIPMENT PRIME EQUIPMENT PRIME EQUIPMENT PRIME EQUIPMENT PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP R D 0 RENTAL COMPANY RANCHO CALIFORNIA HATER RANCHO CALIFORNIA HATER RICHARDS, gATSON & GERS RICHARDS, gATSON & GERS RICHARDS, gATSON & GERS RICHAROS, gATSON & GERS RICK ENGINEERING CONPAN RICK ENGINEERING CONPAN RICK ENGINEERING CONPAN RICK ENGINEERING CONPAN RIVERSIDE CO. ENVIRONME SAFE & SECURE LOCKSMITH SEA gORLD OF CALIFORNIA SMART & FINAL, INC. ITEM DESCRIPTION 001958 PERS L-T 1YR SUBSCRIPTION:FINANCE DEPT PUBLIC NOTICE: PA97-0170 PUBLIC NOTICE: PA97-0293 PUBLIC NOTICE: PA98-0203 PUBLIC NOTICE: PA98-0149 PUBLIC NOTICE: 98-0171 PUBLIC NOTICE: PA98-0297 PUBLIC NOTICES:90-1 PUBLIC NOTICES:PA98-0170 PUBLIC NOTICE: PA98-0224 PUBLIC HOTICES:PA97-0349 PUBLIC NOTICE: PA98-0046 PUBLIC NOTICE: PA98-0254 PUBLIC NOTICE: PA98-0319 EQUIPMENT RENTAL FOR Pg MAINT EQUIPMENT RENTAL FOR Pg MAINT EQUIPMENT RENTAL FOR Pg MAINT EQUIPMENT RENTAL FOR PW MAINT EQUIPMENT RENTAL FOR PW MAINT FLOOR MATS & UNIFORMS RENTAL FLOOR MATS & UNIFORMS RENTAL FLOOR MATS & UNIFORMS RENTAL FLOOR MATS & UNIFORMS RENTAL FLOOR MATS & UNIFORMS RENTAL EQUIPMENT RENTAL FOR PW MAINT 01-99-02003-0 FLOATING METER 02-79-10100-1 N.W. SPRT PRK LEGAL SERVICES LEGAL SERVICES LEGAL SERVICES LEGAL SERVICES ENG SVS:MARGAR]TA RD WIDENING ENG SVS:MARGARITA RD WIDENING ENG SVS:MARGARITA RD WIDENING ENG SVS:MARGARITA RD WIDENING HEALTH PERMIT:49151 NORAGE RD LOCKSMITH SVCS-VARIOUS PARKS DAY CAMP MAJOR EXCURSION RECREATION PROGRAM SUPPLIES ACCOUNT NUMBER 001-2122 001-140-999-5228 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-120-999-5256 001-161-999-5256 001-120-999-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-164-601-5238 001-164-601-5238 001-164-601-5238 001-164-601-5238 001-164-601-5238 340-199-701-5250 190-184-999-5250 190-181-999-5250 340-199-702-5212 190-182-999-5250 001-164-601-5238 001-164-601-5250 190-180-999-5240 001-130-999-5246 280-199-999-5246 001-130-999-5246 190-180-999-5246 210-1990v 210-1990 210-1990 210-1990 190-180-999-5250 190-180-999-5212 190-183-999-5~40 190-183-999-5320 ITEM AMOUNT 50.77 124.80 19.00 18.00 20.00 17.00 18.00 17.00 6.25 21.50 17.00 17.00 17.00 18.75 18.50 186.66 85.65 64.77 43.10 68.25 85.80 52.05 40.71 33.60 80.25 21.02 227.72 59.89 472.02 822.23 146.29 822.23 2,434.39 265.73 1,894.40 87.50 420.00 16.48 935.00 53.20 CHECK AMOUNT 50.77 349.80 448.43 292.41 21.02 287.61 2,262.77 4,682.02 420.00 16.48 935.00 53.20 VOUCHRE2 08/05/98 15:09 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK NUMBER 50872 50872 50872 50872 50872 50872 50872 5O873 5O874 5O875 50875 50875 50875 50875 50875 50875 50876 50876 5O877 50877 50877 50877 50877 5O878 50878 50878 50878 50878 50878 50879 5O88O 50880 50880 50880 50880 50880 50880 50880 50880 50880 50880 50881 CHECK DATE 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/O6/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 O8/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 O8/06/98 08/06/98 08/06/98 VENDOR NUMBER 000537 000537 000537 000537 0O0537 000537 000537 002361 003318 001547 001547 001547 001547 001547 001547 001547 000168 000168 000815 000815 000815 000815 000815 0OO642 000642 000642 000642 000642 000642 002769 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 000978 VENDOR NAME SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF FPO'S TARTAGLIA, MARIO TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEMECULA FLO~/ER CORRAL TEMECULA FLONER CORRAL TEMECULA VALLEY CATHY'S TEMECULA VALLEY CATHYrS TEMECULA VALLEY CATHYrS TEMECULA VALLEY CATHYrS TEMECULA VALLEY CATHYrS TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA~ CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TODDfS FENCING TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRAUMA INTERVENTION PRO ITEM DESCRIPTION 2-11-007-0455 SIXTH STREET 2-10-747-1393 MONROE PED 2-02-351-4946 SIXTH STREET 2-00-397-5042 CITY HALL 2-00-397-5067 VARIOUS METERS 2-15-671-5518 PALA TC1 2-02-502-8077 VARIOUS METER MEMBERSHIP DUE: PISTER,CHARLES TCSD INSTRUCTOR EARNINGS 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES SUNSHINE FUND PER COUNCIL REQUEST:STEFFEN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 8/6/98 FLEX BENEFITS 8/6/98 FLEX BENEFITS 8/6/98 FLEX BENEFITS 8/6/98 FLEX BENEFITS 8/6/98 FLEX BENEFITS 8/6/98 FLEX BENEFITS RESIDENTIAL IMPRVMNT:SLAUGHTER 002107 VL ADVAN 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VL REVER 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE EMERGENCY RESPONSE VOLUNTEERS ACCOUNT NUMBER 001-164-603-5240 340-199-701-5240 190-181-999-5240 340-199-701-5240 193-180-999-5240 191-180-999-5319 340-199-702-5240 001-171-999-5226 190-183-999-5330 001-2125 190-2125 191-2125 192-2125 193-2125 194-2125 320-2125 001-2170 001-101-999-5285 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 001-1020 165-1020 190-1020 280-1020 300-1020 320-1020 165-199-813-5804 001-2510 001-2510 190-2510 192-2510 193-2510 194-2510 340-2510 001-2510 001-2510 190-2510 340-2510 001-171-999-5274 ITEM AMOUNT 668.72 33.53 1,404.58 6,024.35 791.89 107.43 806.07 65.00 570.00 556.16 82.00 1.03 2.05 14.35 3.07 17.84 217.49 59.80 600. O0 120.00 60. O0 120.00 120.00 3,811.47 271.25 480.00 183.75 9.50 350.00 1,018.00 174.60 156.80 10.64 .18 .88 1.76 4.34 175.45- 159.35 12.10 4.00 1,312.50 CHECK AMOUNT 9,836.57 65.00 570.00 676.50 277.29 1,020.00 5,105.97 1,018.00 349.20 1,312.50 VOUCHRE2 08/05/98 15:09 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 50882 50882 50882 50882 50882 50882 50882 50882 50882 50882 5088~ 5088~ 50883 5088~ 5O883 5088~ 5088~ 5088~ 5088~ 5088~ 5088~ 5088~ 5088~ 5088~ 5O884 5088~ 5088~ 5088~ 5O885 50885 50885 50885 5O886 50886 5O886 5O886 5O886 5O886 5O886 5O887 5O888 50889 50890 CHECK DATE O8/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/O6/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 001065 001065 001065 001065 001065 001065 001065 001065 001065 001065 000389 000389 000389 000389 000389 000389 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002065 002065 002065 002065 000325 000325 000325 000325 000325 000325 000325 000854 002566 001890 VENDOR NAME U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO U S C M /PEBSCO (OBRA) U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERV%CE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERV%CE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS UNISOURCE UNISOURCE UNISOURCE UNISOURCE UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY URBAN LAND INSTITUTE VALLEY MICRO COMPUTERS VORTEX DOORS WARNER, JANINE ITEM DESCRIPTION 001065 DEF COMP 001065 DEF CC~4P 001065 DEF COMP 001065 DEF COMP 001065 OEF COt4P 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 OEF COMP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER OEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER OEPOSIT POSTAGE METER DEPOSIT POSTAGE METER OEPOSIT 8 1/2 X 11 WHITE PAPER 8 1/2 X 11 PASTEL PAPER LASER COLOR COPY PAPER SALES TAX 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 ug 000325 lN MEMBERSHIP: GARY THORNHILL MISC COMPUTER SUPPLIES DOORS REPAIRS & MAINT. AT CRC REFUND: SWIMMING LESSONS ACCOUNT NUMBER 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 280-2160 330-2160 340-2160~ 001-100-999-5230 001-110-999-5230 001-120-999-5230 001-162-999-5230 190-180-999-5230 001-170-999-5230 280-199-999-5230 001-140-999-5230 001-150-999-5230 001-161-999-5230 001-16~-604-5230 320-199-999-5230 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 001-2120 165-2120 190-2120 192-2120 193-2120 194-2120 340-2120 001-161-999-5226 320-199-~-5221 190-182-999-5212 190-183-49~ ITEM AMOUNT 5,995.69 22.T5 1,222.60 2.05 30.90 103.77 22.73 93.33 565.61 157.40 744.92 179.51 1,660.06 53.01 7.20 72.18 7.32 70.94 977.20 43.59 259.57 4.48 169.6~ 459.45 215.07 464.23 211.11 2.39 2,844.00 578.00 51.50 269.20 147.00 1.00 24.79 .15 .75 4.00 .31 160.00 285.54 452.71 25.00 CHECK AMOUNT 8,216.81 2,716.88 2,884.99 3,742.70 178.00 160.00 285.54 452.71 25.00 VOUCHRE2 08/05/98 VOUCHER/ CHECK NUMBER 50891 50891 50891 50891 50891 50891 50891 50891 50892 50892 50892 50892 50892 50892 50892 50892 50892 50893 15:09 CHECK DATE 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 O8/O6/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 08/06/98 VENDOR NUMBER 001342 001342 001342 001342 001342 001342 001342 001342 000345 000345 000345 000345 000345 000345 000345 000345 000345 002~61 VENDOR NAME WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, ~AXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, XEROX CORPOIL~TION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILL[ XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI SOUTHERN CALIF FPO'S CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ACCOUNT NUMBER MAINTENANCE SUPPLIES - CRC MAINT.SUPPLIES-VARIOUS PARKS MAINT.SUPPLIES-MAINT.FAClLITY MAINTENANCE SUPPLIES - TCC MAINT.SUPPLIES-SENZOR CENTER I~INTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES-CITY HALL MAINTENANCE SUPPLIES-CITY HALL 190-182-999-5212 190-180-999-5212 340-199-702-5212 190-184-999-5212 190-181-999-5212 190-182-999-5212 340-199-701-5212 340-199:701-5212 JUNE BASE CHRGE:FZOONAJ COPIER 330-199-999-5239 JUNE BASE CHRG: 5343CAS COPIER JUNE METER USAGE: 5?65EDIT JUL LEASE ON 5100A COPIER JUL LEASE ON 5100A COPIER dUL LEASE ON 5100A COPIER JUNE BASE CHRG:VARIOUS COPIERS JUNE BASE CNRG:VARIOUS COPIERS JUNE BASE CHRG:VARIOLIS COPIERS 330-199-999-5217 330-199-999-5217 330-2800 330-199-999-5391 330-199-999-5391 190-182-999-5217 330-199-999-5217 330-1990 CLASS:96 EDITION NFPA:PISTER,C 001-171-999-5261 ITEM AMOUNT 145.38- 100.11 41.07 79.72 168.32 244.28 228.13 109.91 110.00 242.77 310.70 1,658.37 401.22 60.44 144.82 1,532.74 2,856.58 80.00 PAGE 10 CHECK AMOUNT 826.16 7,317.64 80.00 TOTAL CHECKS 418,473.18 VOUCHRE2 08/13/98 11:69 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA OEV' LOW/HOD SET ASIOE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C TCSO SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP INSURANCE FUNO 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES FACILITIES AMOUNT 136,709.30 6,890.30 42,153.92 10,769.76 24,357.60 8,668.14 432.40 100,912.29 4,591.59 3,157.51 10,118.65 372.34 3,790,98 TOTAL 352,924.78 VOUCHRE2 08/13/98 11:49 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENOOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 50894 50895 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 153459 160429 160429 160429 160429 160429 160429 160429 160429 160429 160429 160429 160429 160429 160429 160429 1&0429 160429 160429 160429 160429 160429 160429 160429 160429 50898 50899 08/10/98 08/10/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/12/98 08/13/98 08/13/98 000314 000314 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000283 000283 000283 000283 000283 OOO283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 00028~ 000283 000283 000283 001515 000936 TEMECULA VALLEY MUSEUM TEMECULA VALLEY MUSEUM INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) ]NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) ]NSTATAX (IRS) INSTATAX (IRS) A S A P TRUCK,TRACTOR/F AMERICAN RED CROSS DRAW REQUEST:CABINETRY/LGTHING FINAL DRAW: PETER-BUILT HCMES 000444 SDI 000444 SDI 000444 SOl 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 00O444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000283 FEDERAL 000285 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEOERAL 000283 FEDERAL 000283 FEOERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 00028~ MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE WEED ABATEMENT SVCS-LOMA LINDA SUPPLIES FOR 1ST AID CLASSES 210-190-808-5804 210-190-808-5804 001-2070 165-2070 190-2070 280-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-164-601-5402 190-183-9~-5310 2,144.97 92,364.10 39.67 3.54 110.65 .73 .48 4.81 4,674.69 121.31 887.58 1.53 3.73 64.44 24.82 51.55 13.55 191.07 28.98 122.09 18,075.93 306.08 4,635.03 8.79 22.95 323.08 141.56 129.34 46.80 751.39 125.40 563.88 4,426.16 93.52 1,322.90 2.44 6.50 80.61 39,27 45.74 24.08 160.93 38.62 129.81 700.00 10.00 2,144.97 92,364.10 6,345.22 31,500.81 700.00 10.00 VOUCHRE2 CITY OF TEMECULA 08/13/98 11:49 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 50900 08/13/98 000101 APPLE ONE, INC. TEMP HELP N/E 7/25 MILLIAMS 280-199-999-5118 187.05 187.05 50901 08/13/98 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES-MAINT.FAC. 340-199-702-5212 50901 08/13/98 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES-MAINT.FAC. 340-199-702-5212 223.50 206.10 429.60 50902 08/13/98 002541 BECKER, ~ALTER KARL 50903 08/13/98 BENNETT, SIBYL REPAIR/INSTALL FENCE-KA~EA ST. 001-164-601-5402 REFUND:WELKS EXCURSION 190-183-4980 4,940.00 32.00 4,940.00 32.00 50904 08/13/98 003126 BOOMGAARDEN, DENNIS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 1~.20 175.20 50905 08/13/98 002878 BUSINESS INFORMATION SY ON-SITE COMPUTER TRAINING 320-199-999-5261 50906 08/13/98 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT 001-164-601-5218 50906 08/13/98 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT 001-164-601-5218 50906 08/13/98 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT 001-164-601-5218 50906 08/13/98 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT 001-164-601-5218 50906 08/13/98 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT 001-164-601-5218 50906 08/13/98 003138 CAL MAT A.C. FOR PUBLIC WORKS MAINT 001-164-601-5218 4,140.00 84.05 206.88 8~.78 83.24 83.78 44.45 4,140.00 586.18 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 001-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 165-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 190-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 191-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 192-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 193-~70 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 194-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 280-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 300-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 320-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 330-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS CONP INSURANCE 7/98 340-2370 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 330-199-999-5112 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS CONP INSURANCE 7/98 190-183-999-5112 50907 08/13/98 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP INSURANCE 7/98 190-181-999-5112 50908 08/13/98 001089 CALIFORNIA DEBT & INVES MUNICIPAL CF:9/29 THORNHILL 001-161-999-5258 3,440.70 70.07 1,409.83 .81 2.00 51.23 21.84 39.96 5.36 39.56 10.51 285.08 7.31 31.42 1.58 125.00 5,417.26 125.00 50909 08/13/98 001159 CALIFORNIA DEPT OF JUST FINGERPRINT CARD PROCESSING 190-180-999-5250 84.00 84.00 50910 08/13/98 000638 CALIFORNIA DEPT/CONSERV QTR 2 STRONG MOTION COLLECTED 001-2280 50910 08/13/98 000638 CALIFORNIA DEPT/CONSERV QTR 2 STRONG MOTION COLLECTEO 001-2290 50910 08/13/98 000638 CALIFORNIA DEPT/CONSERV CITY~S 5% OF SMI COLLECTEO 001-162-4229 50911 08/13/98 000126 CALIFORNIA LANDSCAPE MA LDSC IMPROV. - MISSIONS/POQUTI 193-180-999-5212 50911 08/13/98 000126 CALIFORNIA LANOSCAPE MA TPJ~)EWINDS IRRIG. IMPROVEMENT 193-180-999-5415 50911 08/13/98 000126 CALIFORNIA LANOSCAPE MA EMERGENCY MAINLINE REPAIR 190-180-999-5212 50911 08/13/98 000126 CALIFORNIA LANOSCAPE MA LDSC IMPROV. - VILLAGES/SIGNET 193-180-999-5415 50912 08/13/98 000131 CARL WARREN & CO., INC. ROBERT HEMME - 7/24/95 300-199-999-5205 50912 08/13/98 000131 CARL ~ARREN & CO., INC. OLD VAIL PARTNERS - 11/12/93 300-199-999-5205 3,226.94 2,039.06 263.30- 220.00 1,785.69 547.11 400.00 75.00 15.00 5,002.70 2,952.80 VOUCHRE2 CITY OF TEMECULA 08/13/98 11:49 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUNBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 50912 08/13/98 000131 CARL WARREN & CO., INC. LOCKHEED - 3/21/96 50912 08/13/98 000131 CARL WARREN & CO., INC. JULY CLAIMS SERVICES 50912 08/13/98 000131 CARL WARREN & CO., INC. JULY CLAIMS SERVICES 300-199-999-5205 300-199-999-5205 300-199-999-5205 50913 08/13/98 002534 CATERERS CAFE, THE PLANNING DEPT MEETING-?/23/98 001-161-999-5260 50913 08/13/98 002534 CATERERS CAFE, THE PLANNING DEPT MTGS-7/6 & 8/3 001-161-999-5260 20.00 728.15 1,315.31 29.10 176.10 2,153.46 205.20 50914 08/13/98 001195 CENTRAL SECURITY SERVIC ALARM MONITORING - CRC 50914 08/13/98 001195 CENTRAL SECURITY SERVIC ALARM MONITORING-SR CENTER 190-182-999-5250 190-181-999-5250 50.00 45.00 95.00 50915 08/13/98 002989 CLEAR IMAGE WINDOW CLEA WINDOW CLEANING - CiTY HALL 340-199-701-5212 350.00 350.00 50916 08/13/98 COMMERCIAL PAVING AND C REFUND:OVERPAYMENT B.L.#012735 001-199-4056 20.00 20.00 50917 08/13/98 003328 COMPEX LEGAL SERVICES, JUL LEGAL SERVICES - CLAIMS 300-199-999-5246 50917 08/13/98 003328 COHPEX LEGAL SERVICES, JUL LEGAL SERVICES - CLAIMS 300-199-999-5246 50917 08/13/98 003328 CUMPEX LEGAL SERVICES, JUL LEGAL SERVICES - CLAIMS 300-199-999-5246 50917 08/13/98 003328 COMPEX LEGAL SERVICES, JUL LEGAL SERVICES - CLAIMS 300-199-999-5246 216.06 76.96 14.00 216.16 523.18 50918 08/13/98 002405 COMPUTER PROTECTION TEC COMPUTER EQUIPMENT SUPPLIES 50919 08/13/98 003252 CONTRACT SERVICES CORP. JANITORIAL PRODUCTS-PARKS 320-199-999-5215 190-180-999-5212 89.32 126.28 89.32 126.28 50920 08/13/98 002701 DIVERSIFIED RISK 50921 08/13/98 000609 DOUBLETREE HOTEL JUL SPECIAL EVENT INSURANCE HTL:APA CF:N.F. & C.D. 9/16-18 300-2180 001-161-999-5258 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TENP HELP (2)g/E 7/3 DORAHOE 001-161-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 7/17 OONAHOE 001-161-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 7/3 YONKER 001-140-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)N/E 7/3 YONKER 001-140-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 7/17 YONKER 001-140-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)N/E 7/31YONKER 001-140-999-5118 50922 08/13/98 001380 E S ! EMPLOYMENT SERVIC TEMP HELP W/E 7/31YONKER 001-140-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 7/03 CABRAL 001-171-999-5118 50922 08/13/98 001380 E S ! EMPLOYMENT SERVIC TEMP HELP W/E 7/17 MEYERS 001-171-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 7/31DEGANGE 001-161-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC CREDIT: EDUCATION EXPENSE 001-140-999-5118 50922 08/13/98 001380 E S I EMPLOYMENT SERVIC CREOIT: EDUCATION EXPENSE 001-140-999-5118 ENTERTAINMENT ROUNDUP AUGUST OLD TOWN ADVERTISING 50923 08/13/98 003319 280-199-999-5362 50924 08/13/98 ESTRADA, ROLANDO REFUND:SECURITY DEPOSIT 190-2900 50925 08/13/98 001056 EXCEL LANDSCAPE LDSC IMPROV. - RANCHO SOLANA 193-180-999-5212 50925 08/13/98 001056 EXCEL LANDSCAPE LDSC IMPROV. - CORTE CANTERA 193-180-999-5212 50925 08/13/98 001056 EXCEL LANOSCAPE LDSC IMPROV. - CORTE CANTERA 193-180-999-5212 50925 08/13/98 001056 EXCEL LANOSCAPE LDSC IMPROV. - CORTE CANTERA 193-180-999-5212 50926 08/13/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-110-999-5230 50926 0~/13/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-165-999-5230 261.54 445.12 2,912.80 2,912.80 1,052.64 1,675.86 1,066.03 1,182.99 41.68 693.66 1,340.03 2,883.42 13.39- 13.39- 256.50 100.00 115.20 208.28 49.29 235.84 12.50 12.50 261.54 445.12 15,735.13 256.50 100.00 608.61 VOUCHRE2 CITY OF TEMECULA 08/13/98 11:49 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAHE DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 50926 08/13/98 000165 FEDERAL EXPRESS, INC. EXPRESS HAIL SERVICES 001-163-999-5230 50926 08/13/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 50926 08/13/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-120-999-5230 10.75 75.00 37.50 148.25 50927 08/13/98 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT:FALLING CREEK 165-199-813-5804 50927 08/13/98 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT:39310 OAK CLIF 165-199-813-5804 150.00 150.00 300.00 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 4220 7824:JC:JULY 001-1170 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3378 9798:dS:JULY 001-100-999-5258 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3378 9277:RR:JULY 001-100-999-5258 50928 08/13/98 003347 FIRST BANKCARO CENTER 5477 2590 3378 9277:RR:dULY 001-100-999-5260 50928 08/13/98 003347 FIRST BANKCARO CENTER 5477 2590 3378 9830:RB:dULY 001-1280 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3378 9830:RB:dULY 001-110-999-5260 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3378 9830:RB:dULY 001-110-999-5263 50928 08/13/98 003347 FIRST BANKCARO CENTER 5477 2590 4249 5288:SJ:JULY 001-120-999-5261 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 4249 5288:SJ:JULY 001-100-999-5260 50928 08/13/98 003347 FIRST BANKCARO CENTER 5477 2590 3378 9913:GR:JULY 001-1280 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3378 9913:GR:JULY 001-2661 50928 08/13/98 003347 FIRST BANKCARO CENTER 5477 2590 3379 6165:GY:dULY 001-110-999-5260 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3379 6165:GY:JULY 001-150-999-5220 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3379 6165:GY:dULY 001-150-999-5260 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3379 6165:GY:dULY 001-150-999-5265 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3379 6165:GY:JULY 001-140-999-5260 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3379 0432:AE:JULY 001-162-999-5263 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 3379 0556:dK:dULY 001-16~-604-5260 50928 08/13/98 003347 FIRST BANKCARD CENTER 5477 2590 0803 1143:HP:JULY 190-180-999-5261 50929 08/13/98 002894 FONTES, JOHNSON & ASSOC RESIDENT'L REVIEW APPRAISALS 165-199-999-5250 50930 08/13/98 000184 G T E CALIFORNIA - PAYM 909-308-1079 JUL GENERAL USAGE 320-199-999-5208 50930 08/13/98 000184 G T E CALIFORNIA - PAYM 909-694-3980 JUL TCSD FIREWRKS 190-180-999-5208 50930 08/13/98 00018~ G T E CALIFORNIA - PAYM 909-695-1409 dUL GENERAL USAGE 320-199-999-5208 50930 08/13/98 00018~ G T E CALIFORNIA - PAYM 909-695-3539 JUL GENERAL USAGE 320-199-999-5208 50930 08/13/98 00018~ G T E CALIFORNIA - PAYM 909-699-0590 dUL T.T.A. ALARM 320-199-999-5208 50931 08/13/98 000351 GILLISS, MAX C.H. JUL PROF CONSULTING SERVICES 001-110-999-5248 50931 08/13/98 000351 GILLISS, MAX C.M. JUL PROF CONSULTING SERVICES 001-16~-604-5248 50932 0~/13/98 GREENSTEIN, JAY REFUND:SOFTBALL NON-RES. FEE 190-183-~994 HARMON, JUDY HARMON, JUDY HYATT I C B O, INC. INTER VALLEY POOL SUPPL 50933 08/13/98 002372 50933 08/13/98 002372 50934 08/13/98 001060 50935 08/13/98 000388 50936 08/13/98 001407 50937 08/13/98 002695 50937 08/13/98 002695 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS HTL MUNI. CF 9/29 G.THORNHILL MEMBERSHIP DUES: A. ELMO 98/99 POOL MAINTENANCE SUPPLIES-CRC BLDG INSPECTOR SERVICES PLAN CHECK SERVICES J A S PACIFIC CONSULTIN J A S PACIFIC CONSULTIN 190-183-999-5330 190-183-999-5330 001-161-999-5258 001-162-999-5226 190-182-999-5212 001-162-999-5118 001-162-999-5248 22.65 116.33 501.28 45.92 519.70 33.10 23.01 68.04 121.76 245.86 202.00 51.11 53.44 170.00 50.96 30.00 14.95 84.14 363.54 1,200.00 56.68 362.33 126.48 38.35 57.11 500.00 500.00 10.OO 362.40 336.00 122.08 195.00 177.79 471.50 65.52 2,717.79 1,200.00 640.95 1,000.00 10.00 698.40 122.08 195.00 177.79 537.02 VOUCHRE2 08/13/98 VOUCHER/ CHECK NUMBER 50938 50939 50940 50941 50941 50941 50941 50942 50943 50944 50944 50945 50946 50947 50947 50948 50949 50949 50949 50949 50949 50950 50951 50952 50952 50952 50952 50952 50952 50953 50953 50953 50954 50954 11:49 CHECK DATE 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 VENDOR NUMBER 002140 003181 001667 001667 001667 001667 001091 001282 000380 000380 002693 002693 001205 00138~ 00138~ 00138~ 001384 00138~ 003300 000915 002139 002139 002139 002139 002139 002139 002105 002105 00215 002216 002216 VENDOR NAME JAGUAR COMPUTER SYSTEMS JOHNSON, CINDY dON EDNARDS & ASSOCIATE KELLY TEMPOILRRY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KEYSER MARSTON ASSOCIAT KNORR SYSTEMS, INC LAIDLAW TRANSIT, INC. LAIDLAW TRANSIT, INC. LIBERINO, CHRISTINE MARNELL, MARK MATROS, ANDREA NATROS, ANDREA MCDERMOTT, TIM K. MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MUSICAL AUDIO ENVIRONME NATIONAL NOTARY ASSOCIA NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TINES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT OLD TO~N TIRE & SERVICE OLD TO~N TIRE & SERVICE OLD TO~N TIRE & SERVICE P F C UNLIMITED P F C UNLIMITED CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION QTRLY E-MAIL SUPPORT/MAINT. REFUND:PARK RENTALS PHOTOS FOR BUDGET/CIP COVERS TEMP HELP W/E 6/28 FOWLER TEMP HELP W/E 7/05 FO~LER TEMP HELP W/E 7/12 FOWLER TEMP HELP W/E 7/19 FOWLER MAY CONSULTING SRVCS-PUJOL APT MISC POOL SUPPLIES - CRC BUS SERV FOR TCSD EXCURSION BUS SERV FOR TCSD EXCURSION REFUND:SWIMMING LESSONS REFUND: SWIMMING LESSONS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REIMB:98 LEGISLATIVE SEMINAR B/W BUSINESS CARDS:POLICE DEPT SALES TAX BUSINESS CARDS - M. GILLISS SALES TAX STATIONARY & PRINTING SERVS TRAINING ON CRC SOUND SYSTEM NOTARY EXAM:MICHAELA BALLREICH 1 YEAR SUBSCRIPTION:PLANNING VARIOUS RECRUITMENT ADS FOR HR VARIOUS RECRUITMENT ADS FOR HR VARIOUS RECRUITMENT ADS FOR HR VARIOUS RECRUITMENT ADS FOR HR VARIOUS RECRUITMENT ADS FOR HR CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT MONITOR SHADES IN CHAMBERS SALES TAX ACCOUNT NUMBER 190-183-4988 001-140-999-5222 001-1990 001-110-999-5118 001-110-999-5118 001-110-999-5118 165-199-999-5250 190-182-999-5212 190-183-999-5340 190-183-999-5340 190-183-4975 190-18~-4982 190-183-999-5330 190-183-999-5330 001-1990:' 001-170-999-5222 001-170-999-5222 001-110-999-5222 001-110-999-5222 001-162-999-5222 190-180-999-5261 001-120-999-5226 001-161-999-5228 001-150-999-5254 001-150-999-5254 001-150-999-5254 001-150-999-5254 001-150-999-5254 001-164-601-5214 001-164-601-5214 001-162-999-5214 340-199-701-5212 340-199-701-5212 ITEM AHOUNT 300.00 25.00 216.50 477.75 416.00 422.50 260.00 4,346.89 246.69 229.06 276.48 25.00 40.00 352.80 48.00 40.47 38.25 2.96 38.25 2.96 41.21 180.00 72.00 78.00 95.39 104.34 70.46 62.33 84.01 215.38 35.95 15.95 313.50 24.30 PAGE 5 CHECK AMOUNT 300.00 25.00 216.50 1,576.25 4,346.89 246.69 505.54 25.00 40.00 400.80 40.47 123.63 180.00 72.00 494.53 267.28 337.80 VOUCHRE2 08/13/98 11:49 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 50955 08/13/98 50955 08/13/98 PEFLEY, FRANK PEFLEY, FRANK REFUND: DAYCAMP & T-SHIRT REFUND: DAYCAMP & T-SHIRT 190-183-4986 190-183-498~ 20.00 275.00 295.00 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 MLT PERS 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RET%RE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEESz RETIRE 000246 PERS RET 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEESz RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 50956 08/13/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 50958 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 50959 08/13/98 002861 000254 000254 000254 000254 000254 000254 000254 000254 000254 000254 PETSMART PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN POLICE K-9 FOO0 & SUPPLIES RECRUITMENT ADS FOR HR PUBLIC NOTICE:PASEO DEL SOL PUBLIC NOTICE:PA97-0293 PUBLIC NOTICE: PA98-0206 PUBLIC NOTICE: PA98-0227 PUBLIC NOTICE:PA98-0205 PUBLIC NOTICE:98-11 PUBLIC NOTICE:98-12 PUBLIC NOTICE:10.28.010 PUBLIC NOTICE:DEV CODE 001-2130 001-2130 001-2390 165-2390 190-2130 190-2390 191-2390 192-2390 193-2390 194-2390~ 280-2130 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 191-2130 192-2130 193-2130 194-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-170-999-5327 001-150-999-5254 001-120-999-5256 001-120-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 322.43 11.78 21,821.07 447. ?2 2.51 3,509.20 13.31 32.58 405.13 195.43 .75 219.80 129.08 789.02 159.80 483.36 263.61 2.81 5.62 39.33 8.43 ?0.84 13.45 .05 .16 1.65 1.05 .69 .46 1.86 1 2.24 144.81 1,533.47 84.00 19.00 17.75 18.00 7.50 8.25 8.50 8.00 18.75 28,957.63 144.81 1,723.22 50960 08/13/98 002110 PRIME EQUIPMENT EQUIPMENT RENTAL 001-164-601-5610 1,750.00 VOUCHRE2 CITY OF TEMECULA 08/13/98 11:49 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAHE DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 50960 08/13/98 002110 PRIME EQUIPMENT SALES TAX 001-164~&01-5610 135.63 1,885.63 50961 08/13/98 002027 PRINCIPE AND ASSOCIATES UPDATE BIOLOGICAL STUDY:RC PRK 190-180-999-5250 1,250.00 1,250.00 50962 08/13/98 000262 RANCHO CALIFORNIA WATER 01-06-30205-0 SIXTH ST 001-164-603-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER 01-06-30206-0 SIXTH ST 001-164-603-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER 01-02-98000-0 PAUBA ROAD 001-171-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER 01-02-98010-0 PAUBA ROAD 001-171-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-181-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-182-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-184-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 50962 08/13/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 340-199-701-5240 94.50 38.43 12.37 444.73 11,644.32 160.19 1,470.40 367.57 237.13 4,688.37 531.85 19,689.86 50963 08/13/98 002985 RICK ENGINEERING COMPAN MAY SVS:SOLANA WY a MARG RD 210-165-681-5802 1,019.48 1,019.48 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR FEB PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR FEB PRKG C%TAT%ON ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR APR PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR APR PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIOE CO. AUDITOR AUG PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIOE CO. AUDITOR AUG PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR DEC PRKG CITATION ASSESSMENTS 001-2265: 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR DEC PRKG CITATION ASSESSMENTS 001-2260fr 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR JAN PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR JAN PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR JUL PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR JUL PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR JUN PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIOE CO. AUDITOR JUN PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR MAR PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR MAR PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR MAY PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIOE CO. AUDITOR MAY PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR NOV PRKG CITATION ASSESSMENTS 001-2265 5096/, 08/13/98 000353 RIVERSIDE CO. AUDITOR NOV PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR OCT PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR OCT PRKG CITATION ASSESSMENTS 001-2260 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR SEPT PRKG CITATION ASSESSMENTS 001-2265 50964 08/13/98 000353 RIVERSIDE CO. AUDITOR SEPT PRKG CITATION ASSESSMENTS 001-2260 330.00 2,222.00 220.00 2,257.00 440.00 1,470.00 715.00 2,265.00 330.00 2,047.00 330.00 2,113.50 495.00 1,515.00 495.00 2,003.00 2~.00 1,470.00 330.00 1,140.00 385.00 1,702.50 385.00 1,634.00 26,569.00 50965 08/13/98 000418 RIVERSIDE CO. CLERK & R CERTIFIED COPY:TAX INSTALLMENT 001-120-999-5250 4.00 4.00 50966 08/13/98 002181 RIVERSIDE CONSTRUCTION JUL PRGSS:WINCH/I-15 PLANT WRK 280-199-602-5804 50966 08/13/98 002181 RIVERSIDE CONSTRUCTION RETENTION JUL PRGSS:WINCH/[-15 280-2035 916.30 45.82- 870.48 50967 08/13/98 001919 SENIOR CITIZENS SERVICE 97/98 COMM SERV FUNDING PRGRM 001-101-999-5267 50968 08/13/98 000403 SHAWN SCOTT POOL & SPA POOL MAINTENANCE FOR TES 190-180-999-5212 5,000.00 55.60 5,000.00 VOUCHRE2 CITY OF TEMECULA 08/13/98 11:49 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 50968 08/13/98 000403 SHANN SCOTT POOL & SPA PODL MAINTENANCE FOR TES 190-180-999-5212 620.00 675.60 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-B&S 001-162-999-5242 50969 08/13/98 000385 SHELDON EXTINGUISHER CO SALES TAX 001-162-999-5242 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-TCC 190-184-999-5250 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-CITY HAL 340-199-701-5250 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-MAINT.FA 340-199-702-5250 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC - PW 001-164-604-5215 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-SR CTR 190-181-999-5250 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-CRC 190-182-999-5250 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER TRAINING 001-150-999-5261 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-B&S 001-162-999-5214 50969 08/13/98 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER SVC-TCSD 190-180-999-5250 95.80 7.42 22.50 67.50 37.50 74.96 22.50 67.50 125.81 52.48 202.43 776.40 50970 08/13/98 002855 SHESHUNOFF INFO. SERVIC UP-DATES FOR GOVT BUDGET HDBK 001-1990 256.95 256.95 50971 08/13/98 003297 SKATE CITY DAYCAMP EXCURSION:8/6/98 190-18~-999-5340 172.50 172.50 50972 08/13/98 000645 SFLRRT & FINAL, INC. DAY CAMP SUPPLIES 190-183-999-5340 85.08 85.08 50973 08/13/98 000537 SOUTHERN CALIF EDISON 2-06-105-0654 VARIOUS METERS 191-180-999-5319 50973 08/13/98 000537 SOUTHERN CALIF EDISON 2-14-204-1615 FRONT ST 340-199-701-5240 50973 08/13/98 000537 SOUTHERN CALIF EDISON 2-10-331-2153 PUJOL 190-184-999-5240 50973 08/13/98 000537 SOUTHERN CALIF EDISON 2-02-351-5281 RANCHO VISTA 190-182-999-5240 50973 08/13/98 000537 SOUTHERN CALIF EDISON 2-15-671-5518 PALA TC1 191-180-999-5319 50973 08/13/98 000537 SOUTHERN CALIF EDISON 2-01-202-7330 VARIOUS METERS 192-180-999-5319 50973 08/13/98 000537 SOUTHERN CALIF EOISON 2-01-202-7603 VARIOUS METERS 191-180-999-5319 50973 08/13/98 000537 SOUTHERN CALIF EOISON 2-10-901-7962 YUKON TC1 191-180-999-5319 1,358.99 48.72 1,235.57 5,270.45 152.16 24,284.06 8,852.94 138.80 41,341.69 50974 08/13/98 000926 SOUTHERN CALIF EDISON INSTALL TRAFFIC SIGNALS:PALA 210-165-689-5804 148.74 148.74 50975 08/13/98 002361 SOUTHERN CALIF FPO~S MEMBERSHIP RENEWAL:WINDSOR,H. 001-171-999-5226 45.00 45.00 50976 08/13/98 003256 SPECTRA TURF, INC. REPAIR PLAY SURFACE 8 R.C. PRK 190-180-999-5212 1,725.00 1,725.00 5097'/ 08/13/98 ST. NICKOLAS GREEK ORTH REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 50978 08/13/98 001696 STAPLES OFFICE SUPPLY FOLD TABLE FOR SR ENG OFFICE 001-165-999-5242 43.09 43.09 50979 08/13/98 STEPHENS-SOWERS, MELANI REFUND: MEN~S GOLF LESSON 190-183-4982 45.00 45.00 50980 08/13/98 000752 STONE, JEFFREY E. REIMB:LEAGUE OF CITIES:7/22-26 001-100-999-5258 686.16 50981 08/13/98 002150 SUMMIT SAFETY PRODUCTS FIRST AID AND SAFETY EQUIPMENT 001-164-601-5218 50981 08/13/98 002150 SUMMIT SAFETY PRODUCTS FIRST AID KITS 001-162-999-5242 50981 08/13/98 002150 SUMMIT SAFETY PRODUCTS SALES TAX 001-162-999-5242 50981 08/13/98 002150 SUMMIT SAFETY PRODUCTS FIRST AID AND SAFETY EQUIPMENT 001-164-601-5218 89.42 135.00 17.43 75.43 317.28 50982 08/13/98 003325 T C I MEDIA SERVICES 50983 08/13/98 000305 TARGET STORE CABLE ADVERTISING: OLD TOWN 280-199-999-5362 MISC. CAMERA & OFFICE SUPPLIES 001-163-999-5220 2,714.00 49.92 2,714.00 VOUCHRE2 08/13/98 VOUCHER/ CHECK NUMBER 50983 5098~ 50985 50985 50985 50986 50987 50988 50989 50989 50989 50989 50989 50989 50989 50990 50991 50991 50991 50992 50993 50994 50995 50996 50997 50997 50998 50998 50998 50999 51000 51001 11:49 CHECK DATE 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 08/13/98 VENDOR NUMBER 000305 003318 000825 000825 000825 001672 000515 000311 000919 000919 000919 000919 000919 000919 000919 VENDOR NAME TARGET STORE TARTAGLIA, MARLO TEMECULA CYCLES TEMECULA CYCLES TEMECULA CYCLES TEMECULA DRAIN SERV & P TEMECULA VALLEY CHAMBER TEMECULA VALLEY HIGH SC TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TENECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED 003092 TIMBERLAKE PAINTING 000320 000320 000320 000459 TO~NE CENTER STATIONERS TO~NE CENTER STATIONERS TO,ME CENTER STATIONERS TUMBLE JUNGLE FITNESS/G U S FISH & WILDLIFE SER 002396 U S LONG DISTANCE, INC. 000?92 UNIVERSITY OF CA:RVSD E 003186 URBAN LOGIC CONSULTANTS 002566 VALLEY MICRO COMPUTERS 002566 VALLEY MICRO CC~4PUTERS 000332 000332 000332 VANDORPE CHOU ASSOCIATE VANDORPE CHOU ASSOCIATE VANDORPE CHOU ASSOCIATE 003114 WASKA, CAROLYN 001342 000341 WAXIE SANITARY SUPPLY, WILLDAN ASSOCIATES,INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PER]00S ITEM DESCRIPTION MISC. CAMERA & OFFICE SUPPLIES TCSD INSTRUCTOR EARNINGS MOTORCYCLE HELMET FOR POLICE SALES TAX REPAIRS ON POLICE MOTORCYCLES PLUMBING SERVICES - CITY HALL MARKETING PROMOTIONS TVHS 1998 FALL SPORTS POSTER FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CiTY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES STAIN CABINETS IN CHAMBERS MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES CREDIT FOR RETURNEO ITEMS TCSD INSTRUCTOR EARNINGS MIGRATORY BIRD PRMT:DUCK PONO LONG DISTANCE TELECUM PROVIDER ECONOMIC OEVEL MGMT:9/22-11/24 dUL GEOTECHNICAL SVS:MARG PRK PRINTER & SUPPLIES SALES TAX JULY 98 PLAN CHECK SERVICES JULY 98 PLAN CHECK SERVICES dULY 98 PLAN CHECK SERVICES TCSD INSTRUCTOR EARNING MAINTENANCE SUPPLIES-CITY HALL JUNE ENGINEER SVS:DUCK POND ACCOUNT NUMBER 001-164-604-5220 190-18~-999-5330 001-170-~-5242 001-170-999-5242 001-170-999-5214 340-199-701-5212 001-101-999-5280 001-100-999-5250 190-180-999-5263 001-162-999-5263 001-163-999-5263 001-165-999-5263 001-16~-604-5263 001-16~-601-5263 001-170-999-5262 340-199-701-5212 001-164-604-5220 001-163;~-5220 001-1~-604-5220 190-1990 190-180-~-5250 320-199-999-5208 001-161-999-5261 210-190-119-5804 320-1970 320-1970 001-162-999-5248 001-162-999-5248 001-162-999-5248 190-183-999-5330 340-199-701-5212 210-190-i43-5802 ITEM AMOUNT 149.76 160.00 159.95 12.40 ]'5.37 47.00 135.77 185.00 579.68 174.50 195.97 97.99 97.99 498.8~ 22.45 300.00 188.51 32.66 13.20- 312.00 25.00 1,588.23 257.00 2,002.00 1,660.00 128.65 2,429.60 3,397.04 2,733.98 136.80 49.74 3,233.00 PAGE 9 CHECK AMOUNT 199.68 160.00 247.72 47.00 135.77 185.00 1,667.41 300.00 207.97 312.00 25.00 1,588.23 257.00 2,002.00 1,788.65 8,560.62 136.80 49.74 3,233.00 VOUCHRE2 08/13/98 VOUCHER/ CHECK NUMBER 51002 51003 51004 51005 11:49 CHECK DATE 08/13/98 08/13/98 08/13/98 08/13/98 VENDOR NUMBER 000570 000915 000418 00Z361 VENDOR NAME WIMBERLY, VALERIE NATIONAL NOTARY ASSOCIA RIVERSIDE GO. CLERK & R SOUTHERN CALIF FPO~S CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION REIMB FOR REFRESHMENT 8/4 MTG NOTARY EXAM: SUSAN JONES ADMIN FEE:PA98-0205 ANNEXATION NFPA 7Z/W CA:WINDSOR:10/20/98 TOTAL CHECKS ACCOUNT NUMBER 001-161-999-5260 001-120-999-5226 001-110-999-5307 001-171-999-5261 ITEM AHOUNT 74.70 40.00 78.00 35.00 PAGE 10 CHECK AMOUNT 74.70 40.00 78.00 35.00 352,924.78 VOUCHREZ 08/13/98 12:28 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 150 AB 2766 FUND 165 RDA DEV- LOg/MOO SET ASIDE 190 COMMUNITY SERVICES DISTRICT TCSO SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND REDEVELOPMENT AGENCY - CIP INSURANCE FUNO INFORMATION SYSTEMS AMOUNT 62,298.89 22,128.47 5,132.50 41,711.21 8,813.00 852,554.68 600,599.87 12,487.92 518.00 TOTAL 1,606,244.54 VOUCHRE2 CITY OF TEMECULA 08/13/98 12:28 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 51008 08/25/98 003213 A M S PLANNING RESEARCH JUN SRVCS-CULTURAL ARTS PLAN 190-180-999-5248 7,000.00 7,000.00 51009 08/25/98 001916 ALBERT A. WEBB ASSOCIAT JUN PROF SRVCS-R.CAL/I-15 BRDG 210-165-601-5801 25,123.50 25,123.50 51010 08/25/98 003278 C H J INCORPORATED JUL ENG SRVCS-STREETSCAPE PRJC 280-199-824-5804 6~538.50 6,538.50 51011 08/25/98 000447 COMTRONIX OF HEMET MAINT. CITY RADIOS - POLICE 001-170-999-5215 753.00 51011 08/25/98 000447 CUMTRONIX OF HEMET MAINT. CITY RADIOS - PW ADMIN 001-16/,-604-5215 417.00 51011 08/25/98 000447 CONTRONIX OF HENET MAINT. CITY RADIOS -PW MAINT 001-164-601-5215 1,289.50 51011 08/25/98 000447 CUMTRONIX OF HEMET MAINT. CITY RADIOS - LAND DEV 001-163-999-5215 390.00 51011 08/25/98 000447 COHTRONIX OF HEMET MAINT. CITY RADIOS - PW CZP 001-165-999-5215 363.00 51011 08/25/98 000447 CONTRON[X OF HEMET MAINT. CITY RADIOS -BUILD/SAFE 001-162-999-5215 1,728.00 51011 08/25/98 000447 CUMTRONIX OF HEMET MAINT. CITY RADIOS - FIRE DEPT 001-171-999-5215 1,851.00 51011 08/25/98 000447 COt4TRONIX OF HEMET MAINT. CITY RADIOS - INFO SYS 320-199-999-5215 518.00 51011 08/25/98 000447 COMTRONIX OF HEMET MAINT. CITY RADIOS - TCSD 190-180-999-5215 1,625.00 8,934.50 51012 08/25/98 003150 EDGE DEVELOPMENT, INC PRGSS PMT #.4-NARG. COMM. PARK 210-190-119-5804 129,019.18 51012 08/25/98 003150 EDGE DEVELOPMENT, INC C/O #1 PRGSS PftT #~, MARG. PARK 210-190-119-5804 9,401.31 51012 08/25/98 003150 EDGE DEVELOPMENT, lNC RETENTION W/H PNT #4 MARG PARK 210-2035 13,842.05- 124,578.44 51013 08/25/98 003152 EDISON EV EDISON EV CHARGING STATION 150-199-698-5804 10,201.27 51013 08/25/98 003152 EDISON EV EDISON EV CHARGING STATION 150-199-698-5804 11,927.20 22,128.47 51014 08/25/98 000164 ESGIL CORPORATION JUN PLAN CHECKING SERVICES 001-162-999-5248 12,576.45 12,576.45 51015 08/25/98 001056 EXCEL LANDSCAPE JULY LDSC MAINTENANCE SERVICES 190-180-999-5415 8,961.00 51015 08/25/98 001056 EXCEL LANDSCAPE JULY LOSC MAINTENANCE SERVICES 193-180-999-5415 8,813.00 17,774.00 51016 08/25/98 001550 GROSSMONT BANK RETENTION TO ESCROW ACCT-EDGE 210-1035 13,842.05 13,842.05 51017 08/25/98 002695 J A S PACIFIC CONSULTIN BLDG INSPECTOR SERVICES 001-162-999-5118 51017 08/25/98 002695 J A S PACIFIC CONSULTIN CREDIT:INVOICE TOTAL INCORRECT 001-162-999-5118 6,853.00 270.00- 6,583.00 51018 08/25/98 000230 MUNI FINANCIAL SERVICES JUL-SEPT SPECIAL DIST ADMIN SV 190-180-999-5370 11,707.94 11,707.94 51019 08/25/98 003178 NEW WEST SIGNAL INSTALL TRAF SIGNAL a FIRE #84 210-1990 25,465.55 51019 08/25/98 003178 NEW WEST SIGNAL RETENTION:STATION ~84 SIGNALS 210-2035 2,546.55- 22,919.00 51020 08/25/98 002498 PETRA GEOTECHN[CAL, INC JUNE SVS:RANCHO CAL/I-15 IMPRV 210-165-601-5801 15,680.00 15,680.00 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS 51021 08/25/98 002412 RICHARDS WATSON & GERS JUNE 98 LEGAL SERVICES 001-130-999-5246 9,769.7-/ WATSON & GERS JUNE 98 LEGAL SERVICES 001-130-999-5246 863.50 WATSON & GERS JUNE 98 LEGAL SERVICES 001-130-999-5246 5,757.75 WATSON & GERS JUNE 98 LEGAL SERVICES 190-180-999-5246 2,098.25 WATSON & GERS JUNE 98 LEGAL SERVICES 001-1280 577.50 WATSON & GERS JUNE 98 LEGAL SERVICES 001-1280 2,463.00 WATSON & GERS JUNE 98 LEGAL SERVICES 001-130-999-5246 90.00 WATSON & GERS JUNE 98 LEGAL SERVICES 001-2641 1,369.25 WATSON & GERS JUNE 98 LEGAL SERVICES 210-165-631-5801 10,976.10 WATSON & GERS JUNE 98 LEGAL SERVICES 001-1280 25.00 WATSON & GERS JUNE 98 LEGAL SERVICES 300-199-999-5246 1,8~1.50 VOUCHRE2 08/13/98 VOUCHER/ CHECK NUMBER 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51021 51023 51023 51023 51024 51025 51025 51025 51025 51025 51025 51025 51025 51026 51026 51026 51026 51026 51027 51028 51029 51029 12:28 CHECK DATE 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 O8/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 08/25/98 VENDOR NUMBER 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002181 002181 002181 003282 000919 000919 000919 000919 000919 000919 000919 000919 003149 003149 003149 003149 003149 000420 003331 003261 003261 VENDOR NAME RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, UATSON & GERS RICHARDS, ~ATSON & GERS RICHARDS, UATSON & GERS RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION- TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, TRANS-PACIFIC CONSULTAN UNION BNK OF CA FBO:VLL VALLEY CREST LANDSCAPE, VALLEY CREST LANDSCAPE, CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUNE 98 LEGAL SERVICES JUL PRGSS: RANCHO/I-15 PRJT JUL PRGSS:CO~5 RANCHO/I-15 PRJ RETENTION W/H:JUL PRGS RAN/f15 REL RETENTION TO ESCROW:980703 FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES USE OF ATHLETIC FIELDS AT TMS JUNE PRGSS:WINCHESTER CRK PRJT JUNE PRGSS:~INCHESTER CRK PRJT JULY PRGSS:UINCHESTER CRK PRJT RETENTION:JUNE PRGSS:~INCH CRK RETENTION:JUL PRGSS:~INCH CRK JUNE PRGSS:OVRLD DR &MARG RD REL:RETENTION INV# 003~497 JUL PRGSS:OLD TWN STREETSCAPE RETENTION:JUL PRGSS:OLD T~N ST ACCOUNT NUMBER 300-199-999-5246 001-130-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-1990 300-199-999-5246 300-199-999-5246 001-130-999-5246 001-1280 300-199-999-5246 001-1280 001-1280 300-199-~-5246 280-199-999-5246 280-199-999-5246 165-1990 210-165-601-5804 210-165-601-5804 210-2035 210-1035 190-180-999-5263 001-162-999-5263 001-163-~99-5263 001-165-999-5263 001-164-601-5263 001-164-604-5263 001-170-999-5262 190-180-999-5415 210-190-149-5804 210-190-149-5804 210-190-149-5804 210-2035 210-2035 210-165-681-5802 280-1035 280-199-824-5804 280-2035 ITEM AMOUNT I, 009.59 54. O0 2,682.83 58.50 501.00 3,340.25 743. O0 51.00 3,457.33 3,605.37 268.75 3,338.75 468. O0 2,001.50 2,428.77 354.50 5,132.50 282,940.37 6,804.69 28,974.51- 28,974.51 2,319.02 542.04 368.93 141.29 3,054.19 377.48 24.79 8,000.00 15,083.03 192,725.02 169,925.88 20,780.81- 16,992.59- 9,730. O0 59,127.81 591,278.10 59,127.81- PAGE 2 CHECK AMOUNT 65,317.26 260,770.55 28,974.51 14,827.74 339,960.53 9,730.00 59,127.81 532,150.29 TOTAL CHECKS 1,606,244.54 ITEM 4 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Managed City Council Genie Roberts, Director of Finance"~";'J/'" DATE: August 25, 1998 SUBJECT: Amendment to Fire Protection Agreement RECOMMENDATION: That the City Council approve the Second Amendment to the Fire Protection Agreement with Riverside County and authorize the Mayor and City Clerk to execute the amendment, final form to be approved by the City Manager and the City Attorney. BACKGROUND: Attached is the Second Amendment to the Fire Services Contract with Riverside County. Each year it is necessary to update the contract in accordance with the City's approved budget for Fire Services. This agreement provides for the level of service delivery as authorized by the City Council and approved with the 1998-99 Operating Budget. The Second Amendment to the Agreement reflects the City's 50% funding for the staffing of the French Valley Fire Station No. 83. On April 14, 1998 the City Council approved the shared cost of operating this fire station with the County of Riverside. FISCAL IMPACT: Adequate funds are appropriated in the Fire Department budget for the fiscal year 1998-99 Fire Services contract amount of $2,033,300. Attachment: Second Amendment to Cooperative Agreement R.'WOR TONL ~AGENDASV:IRE AGREEMENT AGENDA DOC 8/ ~ 7/98 SECOND AMENDMENT COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA THIS SECOND AMENDMENT is made and entered into by the CITY OF TEMECULA and the County of Riverside. RECITALS WHEREAS, The parties heretofore entered into an agreement entitled "A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA~ (the "AGREEMENT") dated September 23, 1997; and WHEREAS, the parties are requesting an amendment to said agreement attachment Exhibit "A"; and WHEREAS, the purpose of this amendment is to update the rates. COVENANTS NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties agree as follows: 1. AMENDMENT. The parties agree that Exhibit "A" of the agreement is hereby amended to provide as follows: The attached Exhibit "A" shall be in place for the Fiscal Year 1998~99. 2. EFFECTIVE DATE. This Second Amendment shall become effective upon execution by all of the above-mentioned parties. IN WITNESS HEREOF, the City has caused this agreement to be signed and sealed and the County of Riverside by order of its Board of Supervisors, made , has caused this agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of the Board, all on the day and year first above written. Dated: CITY OF TEMECULA APPROVED AS TO FORM: ATTEST: BY: By: TITLE: TITLE: ATTEST: COUNTY OF RIVERSIDE BY: CLERK Of THE BOARD BY: CHAIRMAN, BOARD Of SUPERVISORS 07/28/98 TEMECULA STAFFING LEVEL FISCAL YEAR 1998199 - 3 PERSON ENGINE CO. 4 PERSON TRUCK CO. "ESTIMATE" SERVICE DELIVERY I - CAPT. COST 1.6 - ENG. 5.2 FF II EXHIBIT "A" TOTAL STA. #12 228,219 208,039 345,437 781,694 STA. #73 238,893 208,039 345,437 792,368 STA. #84 230,434 208,039 345,437 783,910 STA ~83-50% City (~ 10 me 1 - CAPT. 2.0 - ENG. 6.0 FF II 99,539 99,300 166,075 SUBTOTAL 364,914 $2,722,886 TRUCK COMPANY (50%) I - BATTALION CHIEF 1 - FIRE MARSHALL (B/C) 3 - FIRE SAFETY SPECIALIST 1 - FIRE SYSTEMS INSPECTOR 3 - CAPT. 3 - ENG. 130,372 113,554 6 - FF II's 199,290 64,181 lEA SUBTOTAL TOTAL 443,216 110,082 110,082 192,543 56,346 $912,269 TOTAL DOLLARS FOR STAFFING TEMECULA TAX CREDIT NET CITY BILLING TAX CREDIT: FIRE TAXES REDEV. TAXE~ TOTAL SERVICE DEUVERYCOSTS: SUPPORT SERVICES Administration Fire Prevention Automotive Dispatch Training Data Processing Haz. Materials Team Communications Accounting Personnel Public Affairs Procurement Volunteer Support Emergency Services 1,438,844 163,011 1,601,855 OPERATING SERVICES Telephone Radio Maintenance Facility Maintenance Utilrdes Vehicle Maintenance Fire Engine Fire Engine Maint. Fire Fighting Equip. Training First Aid Supplies Office Supplies/Equip. CAPITAL EQUIPMENT Fire Engines $3,635,155 (1,601,855) 2,033,300 ITEM 5 APPROVAL /~/h~~ - CITY ATTORNEY I'~'l DIRECTOR OF FINAN~;~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. Elmo, Chief Building OfficiaV~ August 25, 1998 Approval of Contracts for Plan Review Services RECOMMENDATION: That the City Council approve: 1. An Agreement for Consultant Services with Esgil Corporation, to perform plan review, for the Building and Safety Department, for a term of three (3) years, to June 30, 2001. An Agreement for Consultant Services with VanDorpe Chou and Associates, to perform Plan Review Services for the Building and Safety Department, for a term of three (3) years to June 30, 2001. DISCUSSION: The Building and Safety Department has experienced a continued increase in plan review activity over the past several years. To be responsive to this increased plan review workload, the services of Esgil Corporation and VanDorpe Chou and Associates has been utilized. Due to the nature of the building industry, its activity fluctuations and the rapid growth the City is experiencing, accurate estimation of fiscal year plan review activity is difficult. Over the past several years, requests have been made to Council for additional appropriation of funds for plan review services, beyond that approved in the department's operating budget It is projected that the need for plan review services will continue to increase over the next three (3) years. Over the past three (3) years, the cost of this service has totaled $590,569. The cost of this service is fully supported by plan review fee revenue collected by the City. The approval of this recommendation will expedite the consent process and eliminate time consuming administrative requirements, Council action, and ultimately would result in better customer service. FISCAL IMPACT: $200,000 has been appropriated in the 1998-99 budget and should be adequate for the first year of these contracts. ATTACHMENT: Agreement 1) VanDorpe Chou and Associates Agreement 2) Esgil Corporation R:\BROCK~EI\AGEArDA\ESGILVAN.DOC ] 8/18/98 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 1, 1998, between the City of Temecula, a municipal corporation ("City") and Esgil Corporation, ("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 1, 1998, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 31, 2001, 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. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. 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. 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 -1- R:kBROCKMElkAGMTS~ESGIL.WPD 8/4/98 ¢b 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. 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, indemni~,, 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 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REOUIREMENTS. 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 coverage (occurrence form CG 0001). (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. (4) Errors and omissions liability insurance appropriate to the consultant's profession. -2- R:~BROCKlv~IXAGMTS~ESGIL.WPD 8/4/98 cb 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) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. 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 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. -3- R:'~BROCKMEIXAGMTSXESGIL.WPD 8/4/98 cb (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) 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. 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 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 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 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 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 provide City with the opportunity to review any response to discovery requests provided by R:XBROCKMEIXAGMTS~ESGIL.WPD 8/4/98 cb 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. 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 Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Esgil Corporation 9320 Chesapeake Dr. #208 San Diego, CA 92123 Attention: Richard Esgate, President 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. Upon termination of this Agreement, Consultant sole compensation shall be the value of the City of the services rendered. 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 of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 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. 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. -5- R:~BROCKMEI~GMTS~ESGIL.WPD 8/4/98 cb CITY OF TEMECULA By Attest: Ron Roberts, Mayor Susan W. Jones,CMC, City Clerk Approved As to Form: Peter Thorson City Attorney Consultant ESGIL CORPORATION Richard Esgate, President Esgil Corporation R:'xBROCKMEBAGMTSXESGIL.WPD 8/4/98 cb -6- EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: · Requirements based upon type of occupancy · Requirements based upon type of construction · Engineering regulations including seismic loads · Detailed regulations of construction · Fire resistive standards for fire protection · Fire and life safety requirements · Accessibility to the physically handicapped National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes. -7- R:~BROCKMEI~GMTS~ESGIL.WPD 8/4/98 cb EXHIBIT B PAYMENT SCHEDULE COMPLETE PLAN CHECK: Esgil Corporation's fee shall be 52% of the Building Permit Fee calculated per Table 3-A of the 1991 edition of the Uniform Administrative Code for each building plan checked. The construction valuation shall be based on the most recent valuation multiplier published by the International Conference of Building Officials in Building Standards or on the architects; estimated construction cost, or on the Building Official's cost estimate, whichever is greater. Not withstanding the above, the minimum contractor fee for plan checking a proposed project shall be one hundred dollars ($100.00). Plan check fee for repetitive identical buildings shall be 52% of the building permit fee as noted above for the first, or basic building, and 15% of the building permit fee as noted above for each additional building. The single fee includes all rechecks and there are no additional charges for preliminary plan check conferences at our office, expedited processing, checking plans that are eventually found to be incomplete or for the pick-up and delivery of plans or for meetings with the Building Official at his/her request. PARTIAL PLAN CHECK: Partial plan checks are discouraged due to the need to coordinate all disciplines in a plan review, however, the fees for partial plan checks are: 1. Basic minimum for any plan check 50% of 1991 UBC plan check fee 2. Structural only 10% additional 3. Fire-Life 10%additional 4. U.P.C. 2% additional 5. N.E.C. 2% additional 6. U.M.C. 2% additional 7. Title 24 Energy and Sound Control 2% additional 8. Title 24 Disabled Access 2% additional PLAN CHECK OF REVISIONS TO PREVIOUSLY APPROVED PLANS: Revisions to previously approved plans will be at Esgil Corporation's published hourly rate shown on the "Labor Rates Schedule." R:XBROCKMEBAGMTS'xESGIL.WPD 8/4/98 cb -8- CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 1, 1998, between the City of Temecula, a municipal corporation ("City") and VanDorpe Chou 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 1, 1998, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 31, 2001, 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, competenfiy 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. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. 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. 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 -1- R:~BROCKMEIX, AGMTS\VANDORPE. WPD 8/6/98 ¢b 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. 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, dam, 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 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REOUIREMENTS. 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 coverage (occurrence form CG 0001). (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 Califomia and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. -2- R:~BROCKMEI'~AGMTS\VANDORPE.WPD 8/6/98 cb 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) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. 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 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, canceled 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 R:'xBROCKMEBAGMTSWANDORPE.WPD 8/6/98 cb -3- 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. 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 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 indenmification 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 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 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. -4- R:~BROCKMEI3AGMTS\VANDORPE. WPD 8/6/98 cb 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, heating or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's tight to review any such response does not imply or mean the right 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: 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 VanDorpe Chou Associates, Inc. 295 N. Rampert St. Orange, CA 92668 Attention: Neil Evans 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. Upon termination of this Agreement, Consultant sole compensation shall be the value of the City of the services rendered. 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 of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 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. -5- R:\BROCKMEr,,AGMTS\VANDORPE.WPD 8/6/98 cb 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: Ron Roberts, Mayor Susan W. Jones,CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT VanDorpe Chou Associates Inc By Neil Evans, P. E. -6- R:~BROCKMEI~GMTS~VANDORPE.WPD 8/6/98 cb ITEM 6 CITY ATTORNEY DIRECTOR OFFINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council .~Joseph Kicak, Director of Public Works/City Engineer / August 25, 1998 Tract Map No. 23371-10, Located South of La Serena Drive West of Temeku Drive PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works Ward B. Maxwell, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 23371-10 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Vesting Tentative Tract Map No. 23371 was approved by the Riverside County Board of Supervisors on November 8, 1988. Tentative Tract No. 23371, which is part of the Margarita Specific Plan No. 199, was granted an initial extension of time on November 8, 1990. An amendment processed in the fall of 1997, between the City and McMillin Project Services, Inc., extends the life of the tentative map until November 8, 2000. The Developer has met all of the applicable Conditions of Approval. Tract Map No. 23371-10 is a twenty five (25) lot single family residential subdivision, of 5.54 net acres, located south of La Serena Drive west of Temeku Drive. The site is currently vacant. The following fees have been deferred for Tract Map No. 23371-10: Public Facilities Development Impact Fee due prior to issuance of occupancy permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Tract Map No. 22271-10 ~TEMEC_FS201~DATNDEPTS~:~N~GD RPT~98\0825~23371-10.AGN.DOC CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: 23371-10 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee Quimby Fees CONDITIONS OF APPROVAL Paid To be paid prior to issuance of occupancy permit Pursuant to Amendment No. 3 of the Margarita Village Specific Plan, the Park Land dedication requirement (Quimby) for this tract shall be satified through the future construction and dedication of a community park facility at the southwest corner of La Serena Way and Meadows Parkway. 2 t~TEMEC_FS201~DATA~DEPTS~PW~GDRPT~98~0825~25371-10~,GN. DOC CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23371-10 IMPROVEMENTS Street and Drainage Water Sewer Monument TOTAL FAITHFUL PERFORMANCE SECURITY ~ 83,000 $ 27,000 $ 33,000 $ 14,803 $ 157,803 DATE: August 25, 1998 MATERIAL & LABOR SECURITY $ 41,500 $ 13,500 $ 16,500 71,500 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Inspection Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due * T.B.D. - To Be Determined 90.00 $15,762.00 $T.B.D.* 130.00 8.00 1,330.00 0.00 250.00 1,718.00 0,00 3 R:~AGDRPT~98~0825~23371-10.AGN.0OC TRACT 23371- 10 RANCHO TEMECULA ~A~ CALIFORNIA / ~ ~ TEMECULA N.T.S. VICINITY MAP "' I -i I I I { ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OFFINANC/~ CITY MANAGER ~- TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council  oseph Kicak, Director of Public Works/City Engineer ugust 25, 1998 Tract Map No. 23371-9, Located South of La Serena Drive West of Temeku Drive PREPARED BY: ~Ronald J. Parks, Deputy Director of Public Works Ward B. Maxwell, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 23371-9 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Vesting Tentative Tract Map No. 23371 was approved by the Riverside County Board of Supervisors on November 8, 1988. Tentative Tract No. 23371, which is part of the Margarita Specific Plan No. 199, was granted an initial extension of time on November 8, 1990. An amendment processed in the fall of 1997, between the City and McMillin Project Services, Inc., extends the life of the tentative map until November 8, 2000. The Developer has met all of the applicable Conditions of Approval. Tract Map No. 23371-9 is a sixty seven (67) lot single family residential subdivision, of 11.64 net acres, located south of La Serena Drive west of Temeku Drive. The site is currently vacant. The following fees have been deferred for Tract Map No. 23371-9: Public Facilities Development Impact Fee due prior to issuance of occupancy permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Tract Map No. 22271-9 1 R:~AGDRPT~98~0825~23371-9.AGN.D0C TRACT 23371- 9 RANCHO ~ TEMECULA N.T.S. VIC]:N[TY MAP J~ - 1%. !1 , J j! j j!J J~ J J j J / / / 1 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCI.~-.~/'Z~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council (~~,. oseph Kicak, Director of Public Works/City Engineer August 25, 1998 Release Subdivision Monumentation Security in Tract No. 24133-5 (located westerly of Montelegro Way, between McCabe Drive and Leena Way) PREPARED BY:/~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. AUTHORIZE release of the Subdivision Monumentation Security in Tract No. 24133-5 2. DIRECT the City Clerk to so advise the developer and surety BACKGROUND: On January 27, 1996, the City Council approved Tract Map No. 24133-5, and entered into Subdivision Improvement Agreement with: KI/FKLA Rancho Realty, L.L.C. for the improvement of street and drainage, water and sewer systems, subdivision monumentation, and traffic signalization mitigation fees. The securities were posted by The Aetna Casualty and Surety Company, as follows: 1. Bond No. 100869980-96-003 in the amount of $1,087,500 ($725,000, $172,500, and $190,000 for street and drainage, water, and sewer improvements, respectively) for Faithful Performance, 2. Bond No. 100869980-960-3 in the amount of $544,000 ($362,500, $86,500, and $95,000 for street and drainage, water, and sewer improvements, respectively) for Labor and Materials. 3. Bond No, 100869980-96-004 in the amount of $26,700 for subdivision monumentation. 4. Bond No. 100869980-96-005 in the amount of $18,300 for traffic signalization mitigation. I R:~AGOR~2~TR241335.MON.DOC Z4 ¥1¢INITT M^~ TRACT NO. 2,4133 Tracts No. P.4133-~ NOTF~: MAPS NOT TO SC. AI,F~ ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Joseph Kicak, Director of City Engineer/City Engineer August 25, 1998 SUBJECT: Release Subdivision Monumentation security in Tract No. 27827-1 (Northwesterly Corner of Intersection of North General Kearny Road at Nicolas Road) PREPARED BY: ~/g)/ Ronald J. Parks, Deputy Director of Public Works /~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council 1. AUTHORIZE release of the Subdivision Monumentation security in Tract No 27827-1. 2. DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: The City Council approved Tract Map No. 27827-1 on August 23, 1994, and entered into Subdivision Improvement Agreement with: Coscan Homes California, Inc., a California Corporation Doing Business as Coscan Davidson Homes. 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 for the improvement of streets, water and sewer system, and subdivision monumentation. The bonds were posted by Reliance Insurance Company as follows: Bond No. B2380578/111058 in the amount of $394,000 ($302,000, $47,000, and $45,000, respectively) for street, water and sewer system improvements. Bond No. B2380578/111058 in the amount of $197,000 ($151,500, $23,500, and $22,500, respectively) for street, water and sewer system labor and materials. Bond No. B2482283/111062 in the amount of $13,608 to cover subdivision monumentation. r.~Lqs~0714~r278271 .acc VICINITY UAP TRACT NO. 27827-1 Location-Map ITEM 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~-~ Joseph Kicak, Director of Public Works/City Engineer DATE: August 25, 1998 SUBJECT: Release Subdivision Monumentation Security in Tract No. 27827-F (Northwesterly Corner of Intersection of North General Kearny Road at Nicolas Road) PREPARED BY:/~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council 1. AUTHORIZE release of the Subdivision Monumentation Security in Tract No. 27827-F 2. DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: The City Council approved Tract Map No. 27827-F on June 13, 1995, and entered into Subdivision Improvement Agreement with: Coscan Homes California, Inc., a California Corporation Doing Business as Coscan Davidson Homes. 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 for the improvement of street and drainage, water and sewer system, and subdivision monumentation. The bonds were posted by Reliance Insurance Company as follows: Bond No. B2482440/111155 in the amount of $340,500 ($220,000, $67,000, and $53,500, respectively) for street and drainage, and water and sewer system improvements. Bond No. B2482449/111155 in the amount of $197,000 ($151,500, $23,500, and $22,500, respectively) for street, water and sewer system labor and materials. Bond No. B2482453/111156 in the amount of $13,392 to cover subdivision monumentation. -1- r:~agdrpt\96\O709\tt278271 .red Bond No. 2482452/111156 in the amount of $34,050 to cover faithful Performance Warranty amount On July 14, 1998, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized release of the Faithful Performance Security. The developer has posted the following Faithful Performance warranty bond which will be retained for the one- year warranty period: Bond No. B2482452/111156 for Faithful Performance Warranty $34,050 The developer is required to post Labor and Material security to assure payment to providers of materials and labor. This security is retained for the contractual six-month lien period following City Council acceptance of the public improvements. Staff has reviewed the subdivision monumentation and is satisfied. Staff therefore recommends release of the following security: Bond No. B2482453/111156 in the amount of $13,392 for Subdivision Monumentation. The affected public streets were accepted into the City Maintained-Street System by City Council Resolution No. 98-60 on July 14, 1998.. The streets within the subdivision are portions of Parkside Drive, Sarah Drive, Warbler Drive, Tischa Drive, and two alleys. FISCAL IMPACT: None ATTACHMENT: Location Map R:~AGDRPT~98\0525\TR27827F.MON.XX)C TRACT MAP NO. _ ',ocation Mat~ NOTE: MAPS NOT TO ITEM 11 APPROVA~ ~/h CITY ATTORNEY DIRECTOR OF FINAN~'E .,'~.~ CITY MANAGER ~,~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council  Joseph Kicak, Director of Public Works/City Engineer August 25, 1998 SUBJECT: Acceptance of Easement Deeds, Offers of Dedication, and Rights of Entry and Temporary Construction Agreements for the Promenade Mall Infrastructure Off-Site, Storm Drain, and Related Purposes (Southwesterly of Margarita Road at Winchester Road) PREPARED B onald J. Parks, Deputy Director of Public Works /~Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN EASEMENT DEEDS FOR SLOPE AND STORM DRAIN AND TRAFFIC SIGNAL MAINTENANCE PURPOSES, OFFERS OF DEDICATION FOR ROAD PURPOSES, AND RIGHTS OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENTS FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT. BACKGROUND: The City of Temecula is acquiring certain parcels for Rights-Of-Way, slope easements, storm drain easements, rights-of-entry and temporary construction agreements, and traffic signal maintenance easements, all relating to the infrastructure improvements required for the Promenade Mall Project. The underlying fee owner of the affected land and grantor of the several rights in land is LGA-7, Inc., an Illinois Corporation The several documents include offers of dedication for rights of way along portions of Ynez Road, Margarita Road, and Overland Avenue, slope easements along Margarita Road and Overland Avenue, storm drain easements abutting portions of the Promenade Mall site, and rights of entry and temporary construction agreements along Overland Avenue and Margarita Road. These several easements, offers of dedication, and rights of entry and temporary construction agreements were obtained as a condition of closing escrow by Forest City Development California, Inc., a California Corporation. These need to be accepted by the City R:IAGDRP7~981O8251MALLEASMNT. DOC and recorded to facilitate construction activities for the Promenade Mall. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution 98- , with Exhibits 1 through 10, and accompanying Exhibits "A" and "B". 2. Easements, offers of dedication, and agreements (On file) R:IAGDRP7~9810825[MALLEASMNT. DOC RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN EASEMENT DEEDS FOR SLOPE AND STORM DRAIN AND TRAFFIC SIGNAL MAINTENANCE PURPOSES, OFFERS OF DEDICATION FOR ROAD PURPOSES, AND RIGHTS OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENTS FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that the construction of the storm drain, street, and related improvements requires acquisition of certain parcels of land to facilitate the construction of and maintenance of said storm drains, streets, and related facilities for the Promenade Mall Site; and, WREREAS, the City Staff and consultants have negotiated with the affected owners and/or their agents to acquire parcels of land which facilitate the proposed Promenade Mall and related street improvements; and, WHEREAS, City Staff and the Promenade Mall Developer, Forest City Development California, Inc., a California Corporation, has successfully negotiated with underlying fee owners and has obtained Easements for Slope, Storm Drain, and Traffic Signal Maintenance Purposes, Offers of Dedication for Road Purposes, and Rights of Entry and Temporary Construction Agreements for a portion of the required rights of way and related easements from LDA-7, Inc., an Illinois Corporation; and, WHEREAS, The City Council of the City of Temecula hereby desires to accept the Easement Deeds for Slope, Storm Drain, and Traffic Signal Maintenance purposes, Offers of Dedication for Road Purposes, and Rights of Entry and Temporary Construction Agreements, as offered by LGA-7, Inc., an Illinois Corporation, for the purposes stated therein, but does not desire to accept the several parcels for maintenance purposes at this time NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts Easement Deeds for Slope, Storm Drain, and Traffic Signal Maintenance purposes, Offers of Dedication for Road Purposes, and Rights of Entry and Temporary Construction Agreements, as offered by LGA-7, Inc., an Illinois Corporation, in substantially the form attached hereto as Exhibits 1 through 10, each with appropriate Exhibits "A" and "B" for the purposes stated therein, but not for street or other maintenance purposes at this time. The City Engineer is hereby authorized to make minor modifications to the legal descriptions on said documents. IITEMEC_FS20IIDATAIDEPTSIPVV1AGDRP7~9810825[MALLEASMNT. DOC PASSED, APPROVED, AND ADOPTED, by the City Council of the City o£Temecula at a regular meeting held on the 25th day of August, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 25th day of August, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: AB SENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk I I T£MEC_FS201 iDA TA IDEPTSIPW~A GDRP7~98108251MALLEA SMNT. DOC It is 'ond~rsUx~l and. agreed that the City of Temecula and its succe~ors or assigns shall incur no liability with respect to such of~r of dedication, and shall not assun~ any respomibilit~ for the offered parcel'b~ land or any imptOrCh.mS tiercon or therein, until such offe~ has bccn accepted by sppropriatc a~on of the City Council, or of the Iocel ~r.r,~ bodies or its successors or assigns. The provisions hereof ~ inuze to the benefit of and be binding upon hclrs, successors, assigns, and pcrsomi representatives of the respecdve parties hezem. m ~ ~ ~s) m~ ~) ~ ~ m ~ ~. ~ ~ NOTARYPUBLIC, STATEOFiLUNOiS ai~ ~-~-~ ~ : MY Commission Expires Jan. 4. 2001 ACC~ANCE C~R~CA~ ~ C~ ~, C~ ~ T~ ~ ~ ~ ~ ~ ~ p~ ~ ~ ~ ~ve. LGA-7, Inc., an Illinoi: corporation Print Nm and T~k Its:~RLTE~ L. L~.rT~' CITY OF 'I'EM]~ULA BY: Susan W. 3raM, CMC ~ cid, cm,t APPROV'BD AS TO FORM: BY: P. tsr M. Thorson, City AttorMy EXHIBIT "A" LEGAL DESCRIPTION Atl ~ FOR ALL THE PURPOSES OF A PUBLIC STREET OVER A PORTION OF ADJUSTED PARCEL 'A' OF LOT UNE ADJUSTMENT NO. 31, INSTRUMENT NO. 278787, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNL~ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID ADJUSTED PARCEL 'A'; THENCE NORTH 44'54'58' EAST, ALONG THE COMMON UNE OF THE NORTHWESTERLY LINE OF SAID ADJUSTED PARCEL "A" AND THE SOUTHERLY BOUNDARY MNE OF LOT 115 PER MAP OF TEMECULA LAND AND WATER COMPANY AS RECORDED IN MAP BOOK 8, PAGE 359 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, A DISTANCE OF 16.53 FEET TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCENTRIC WITH AND DIb"TANT 81.00 FEET NORTHEASTERLY, MEASURED RADIALLY, FROM THE CENTERUNE OF YNEZ ROAD AS SHOWN ON PARCEL MAP NO. 28530-1 FILED IN PARCEL MAP BOOK ~2.. PAGES ?.v~/THROUGH ~ , IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, SAID CENTERUNE BEING A CURVE HAVING A RADIUS OF 1200 FEET; THENCE SOUTHEASTERLY, ALONG SAID LAST MENTIONED CONCENTRIC CURVE, FROM A TANGENT BEARING OF SOUTH 13"09~.5' EAST, THROUGH A CENTRAL ANGLE OF 2°56'20" ALONG THE ARC OF SAID CURVE A DISTANCE OF 65.71 FEET TO THE BEGINNING OF A TANGENT UNF, SAID TANGENT LINE BEING PARALLEL WITH AND DISTANT 81.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM SAID CENTERUNE; THENCF~ ALONG SAID PARALLEL LINE, SOUTH 10°13~05" EAST A DISTANCE OF 194.41 FEET; THENCE NORTH 52"20%~7' WEST A DISTANCE OF 20.87 FEET TO A POINT IN A UNE PARALLEL WITH AND DISTANT 67.00 FEET NORTHEASTERLY, MEASURED'AT RIGHT ANGLES, FROM SAID CENTERMN~ .. THENCE, ALONG SAID LAST MENTIONED PARALLEL UNE, NORTH 10'13'05" WEST A DISTANCE OF 178.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1267.00 FEET; THENCE, NORTHWESTERLY, ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 2'32'37' ALONG THE ARC OF SAID CURVE A DISTANCE OF 56.25 FEET TO THE POINT OF BEGINNING. CONTAINING 3,467 SQUARE FEET, MORE OR LESS. SEE EXHIBIT q~", ATrACHED. H.'~IAWTHO-I~EAS EME- I~;D~.A31A.WI=D 16. 1998 (10:42am) SAN \ \ ]PO.B LOT ] J5 'TEMEDULA LAND' AND WATER COJVJPANY MB 8/35':) DIEGO COUNTY /' LOT LINE ~,//TANGENT BEAR EXHIBIT "B" 54' 58" E 16.5:3' 267. O0 -~--2' :52' 37' L=56.25' T=28. I :5' PORTION OF ADJUSTMENT. NO. 31 ADJUSTED PARCEL "A" L,LoA, NO, 31 R= !'281.00' ~,=2' 56' 20' L-65.71' T=:52.86' EXHIBIT "A" LEGAL DESCRIPTION ..Tr FOR ALl_ THE PURPOSES OF A PUBUC STREET OVER A PORTION OF LOT 115 PER MAP OF TEMECULA LAND AND WATER COMPANY FILED IN BOOK 8, PAGE 359 OF MAPS IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE SOUTHEASTERLY, ALONG SAID CONCENTRIC CURVE, FROM A TANGENT' BEARING OF SOUTH 27°52'30- EAST, THROUGH A CENTRAL ANGLE OF 14'4305' A DISTANCE OF 329.06 FEET TO A POINT IN THE SOUTHEASTERLY UNE OF SAID LOT 115; THENCE SOUTH 44°54'58· WEST A D CONCENTRIC '~. A,~,,',, ,..,,,.,,- .... )I_S'['~ANCE OF 16.53 FEETTO THE INTERSECTION WITH A CURVE _ _ TO ,-,,,~., u~,o, ~u~ I t~'.oo PEET NORTHEASTE ROAD, HAVING A RADIUS OF 1 RLY FROM SAID CENTERUNE OF YNEZ 267.00 FEET; ; THENCE NORT~WEb'"TERLY, ALONG SAID LAST MENTIONED CONCENTRIC CURVE, THROUGH A CENTRAL ANGLE OF 15'06'34' A DISTANCE OF 334.12 FEET TO A POINT IN THE SOUTHEASTERLY MNE OF LOT 'B' OF SAID PARCEL MAP 28.~30-1; THENCE NORTH 61o47'06- EAST A DISTANCE OF 14.00 FEE'["TO. THE POINT OF BEGINNING. CONTAINING 4,645 SQUAReFEET. MORE OR LESS. SEE EXHIBIT 'B". ATTACHED.' H.'I~La(W'rHO- 1 ~_ i~B.1NPD ~ 16,19o8 Page 1 ~ / PORTION OF LOT 115 ~ ~ ~AP OF TEMECULA LAND >~ ~ AND WATER COMPANY ~- TE~ECULA LAND- ~ AND WATE~ COMPANY 16.53' LEOEND ~///~ E A S E ME N T ~ ~~~, T. R. SEC. ROAD NAME: CERTIFICATE OF ACCEPTANCE EASEMENT THIS IS TO CERTIFY that th i, real property dated from I.GA-7. Inc.. an Corporation. TEMECULA for the purpose of vesting , of Temecula on belair fl*~e public, hy the umlersi t' of lite City Council authority ~ Ordinance No, MO. ~ recordation thereof ized officer hy its duly Dated: City of Temecula By: Kicak, RCE 21775, Exp. 9/30101 , of Tcmecula PROJECT NAME: Tills INSTRtJMENT IS FOR TIlE BENEFIT OFf TIlE CITY OF TEMECULA AND ENTITLED TO BE RECORDED WITHOUT FEE (GOV. CODE 6103) RETURN TO THE OFFICE OF THE CITY MANAGER CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA, CA 92590 w.o.# / / FOR RECORDER'S USE ENG\FORM..4 CORPORATION EASEMENT DEED FOR VALUABLE CONSIDERATION, receip! of which is bercby acknowledged, LGA-7, Inc., an Illinois Corporation, I~creby GRANT(S) to the City of Temecnla fin casement tbr storm drain purposes over tie real propcr~y in lite City of' Tcmecula, CoLrely of Riverside, State of Cali/bmia, ticscribed as: Shown on Exhildt A nml Exhibit B nilached hereto nnd, hy Ilsis reference, made n Imrt hereof. Dated :~"-~ ],,~ I ~ / / '::/9~'" STATE OFt C'A' -fi'~Ot{L~ t~k~/'~ ~')° t~ }SS. cou~ oF On ~7 /~ /~ ' ~fom ~, lbe u~em~p~, n Nofn~ ~blic in ;.M tbr snid Slate, ~m~11y ~mn~lly sntisfncfo~ ~Me~e) m ~ rite pemon(s) who exeeut~ Ihe wifidn instrument ~n ~l~lf' I1~ CI)~o/~lioll litertill limited, I1~1~1 Ii~no~lcd~d Io mc lhal W~NESS my hand and official seal. ..... ACCEPTANCE CERTIFICATE The City Council, City of Temecula hereby accepts the grant of real property or Rights of Access and Temporary Construction Agreement as set forth above. CITY OF TEMECULA ATrEST: By: Ron Rdgrts, Mayor BY: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: BY: Peter ~ Thorson, City Attomcy Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Legal Description Regional Mall - Power Center Storm Drain Easement Revised May 12, 1998 February 24, 1998 401299-M2 Page 1 of 3 Those certain parcels of !and situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 140 and 141 of the Temecula Land and Water Company per map filed in Book 8, Page 359 of Maps in the Office of the County Recorder of San Diego County, California (being portions of Parcels "B" and "C" of Lot line Adjustment No. PA 95-0111 recorded December 15, 1995 as Instrument No. 416771 of Official Records in the Office of the County Recorder of said Riverside County) included within strips of !and of varying widths, the centerlines of which are described as follows: Strip No. 1 COMMENCING at the centerline intersection of Winchester Road with Margarita Road as shown on Parcel Map No. 28530-1 filed in Book ~. , Pages '~ through %tn of Parcel Maps in said Office of the Riverside County RecordeG thence along said centerline of Margarita Road South 43054'46" East 84.68 feet to the beginning of a tangent curve therein concave southwesterly and having a radius of 2000.00 feet; thence continuing along said centerline, along said curve southeasterly 118.75 feet through a central angle of 03°24'07"; thence radially from said curve South 49°29'21" West 55,00 feet to the southwesterly right-of- way line of Margarita Road (110.00 feet wide) and the TRUE POINT OF BEGINNING, said point being hereinafter referred to as Point "A"; thence South 45°38'22" West 30.00 feet to a point hereinafter referred to as Point "B"; thence North 74°21'38" West 78.41 feet; thence South 54026'42" West 169.73 feet to the beginning of a tangent curve concave southeasterly and having a radius of 500.00 feet; H:\GRP60~PDATA~401299~O FFI CL~WPWI2~99 LGL002.WPD Legal Description Regional Mall - Power Center Storm Drain Easement Revised May 12, 1998 February 24, 1998 JN 401299-M2 Page 2 of 3 thence along said curve southwesterly 273.98 feet through a central angle of 31o23'43" to a point of reverse curvature with a curve concave northwesterly and having a radius of 500.00 feet, a radial line of said curve from said point bears North 66°57'01" West; thence along said curve southwesterly 46.56 feet through a central angle of 05°20'08" to a point hereinafter referred to as Point "C"; thence continuing along said curve southwesterly 77.26 feet through a central angle of 08°51'12" to a point hereinafter referred to as point "D"; thence continuing along said curve southwesterly 174.47 feet through a central angle of 19°59'33"; thence tangent from said curve South 57° 13'52" West 115.73 feet to the beginning of a tangent curve southeasterly and having a radius of 500.00 feet; thence along said curve southwesterly 226.88 feet through a central angle of 25°59'53" to a point on Course No. 3 (being North 07°32'59" West 159.57 feet) in the easterly line of Parcel 5 as shown on sheet 7 of 9 sheets of said Parcel Map No. 25830-1 distant thereon South 07°32'59" East 3.74 feet from the northerly terminus thereof, said point being hereinafter referred to as Point "E". Said strip of land shall be lengthened or shortened so as to terminate northeasterly in said southwesterly right-of-way line of Margarita Road and southwesterly in said easterly line of Parcel 5 of Parcel Map No. 25830-1. Said strip of land shall be 30.00 feet wide (11.00 feet southeasterly and 19.00 feet northwesterly from centerline) between said Points "A" and "B"; 22.00 feet wide between said Points "B" and "C"; and 24.00 feet wide between said Points "C" and "E". CONTAINING: 0.63 Acres, more or less. Strip No. 2 BEGINNING at Point "D" as hereinbefore described in Strip No. 1; thence South 77°46'08" East 53.30 feet to the beginning of a tangent curve concave southerly and having a radius of 90.00 feet; thence along said curve easterly 70.69 feet through a central angle of 45°00'00"; H:\GRP60~PDATA\~01299~O FFI C~WPWll~99LGL002.WPD Legal Description Regional Mall - Power Center Storm Drain Easement Revised May 12, 1998 February 24, 1998 JN 401299-M2 Page 3 of 3 thence ~ngent from said curve South 32046'08" East 327.01 feet to a point hereinafter referred to as Point "F". Said strip of land shall be 22.00 feet wide between said Points "D" and "F". EXCEPTING therefrom, that portion lying within said Strip No. 1. CONTAINING: 0.22 Acres, more or less. Strip No. 3 BEGINNING at a point on Course No. 12 (being North 41°46'24" West 691.91 feet) in the northeasterly line of Parcel 1 as shown on sheet 3 of 9 sheets of said Parcel Map No. 28530-1 distant thereon North 41°46'24" West 30.53 feet from the southeasterly terminus thereof, said point being hereinafter referred to as Point "H"; thence North 18°13'46" East 23.09 feet; thence North 41°46'24" West 320.26 feet to a point hereinafter referred to as Point "G". Said strip of land shall be lengthened or shortened so as to terminate southerly in said northeasterly line of Parcel 1 of Parcel Map No. 28530-1. Said strip of land shall be 20.00 feet wide between said Points "G" and "H". CONTAINING: 0.16 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "B" attached hereto and by this reference made a part hereof. Lawrence L. Bacon, PLS 3527 H:\GRP60~PDATA\40129CAOFFICE~WPWIN~99LGL002.WI~D 200 0 200 400 600 6RAPHI C SCALE P.M. NO. 26852 P.M.B. 173 / 68-73 R.S. 89 / 83-86 '-W'INCH-'~ST£R P'O'C' NN~. ~ ~ ~ ~ ' ~ S43'54'46"E , / / / STRIP 1~ ~ I~ '~ / ~ ~~05'24'O7" R= 2000.00' ~~ % ~ IXlPt?X~'..~ .o,.. ,,.,,/Ol~ ~ %~% kSE~ETA[L 1 ~ f~ / POINT "C" .... / ~1 ~ POINT "A" '~~~ ...,.,~ ~/~'~ .....~%.;f' , =l ., ~%~ ~22 J S'TR'IP' 1' ~ FCL. ~ ~[% MB 8/359 S.D. CO. /~/ / t ~ PCL B PCL C "' 0, E L~. NO. PA 95-O]11 E_ ~ INST. NO 416771, O.R. .................................... P.O.B. POINT " t 20.00' ~ BRNO/DELTA RADIUS LENGTH .................................... STRIP 5 ~ 1 25'59'53" 500.00' 226.88 30.5 ' 2 S57' ~3'52"W -- 115.75 3 54' 10' 55" 500. O0' 298.29 FCL. 1 ¢ J l 4 31 "23'43" 500.00' 273.98 5 S54'26'42"W -- 169.73 ~~ 6 N74'21' 38"W -- 78.41 q~ 7 S45'38' 22"W -- 30.00 ~' 8 S49'29'21"W (RAD) 55.00 ~ ~¢~6~]"~ ,~.. 08'5~'~2" 5o0.0o' 77.26 o~ 14 S32'46'08"E -- ~27.01' DETA ]~ ~ ~ ~: ~ 15 N18' 13'46"E -- 25.09' EXHiBiT "B" SHEET 1 OF 1 SHEETS STORM DRAIN EASEMENT ~ REGIONAL MALL POWER CENTER REV I SED 5-12-98 [ SCALE I FIELD BOOK FEBRUARY 24, 1998 1"=200' PRO£ESSI~AL ENGINEERS,PLANNERS & SURVEYORS ,JOB NO. 401299-M2 T. R. SEC. ROAD NAME: CERTIFICATE OF ACCEPTANCE '~-~ EASEMENT (Government C(v3e Section 272? THIS IS TO CERTIFY tlmt lh~lhter~st in real p~c~ g~ant~ by fh~asemcnt dat~ from LGA-7. Inc.. an 111i~ Co~o~lion. to ti~c C~F TEMECULA, is hereb~ccepted for ~ of v~ting tit~ the ~y of Temecula on ~1~ the ~bl~ ,~y the m~e~i~ on ~lf of I1~ Ci~ Cou~il ~a~ ~uthofi~ contai~ in C~n~ O~im~e No. ~9' G~ntee ~ to ~0~afion the~of by ils dul~fi~ ~c~ DaiS/ ~ ~ T~cula By: }Y~ K k~~E 21775, Exp. 9/30/01 ~gi~ ~ ~e~mla PROJECT NAME: Tills INSTRUMENT IS FOR THE BENEFIT OF THE CITY OF TEMECULA AND ENTITLED TO BE RECORDED WITHOUT FEE (GOV. CODE 6103) RETURN TO THE OFFICE OF THE CITY MANAGER CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA, CA 92590 W.O.# FOR RECORDER'S USE CORPORATION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ENG\FORM-4 LGA-7, inc., an Illinds Corporation, hereby GRANT(S) to tile City of Temecula an easement tbr storm drain purposes over tl~: real properly in tl~e City of Temecula, County of Riverside, State of Calitbmia, described as: Shown on Exhibit A and Exhibit B atOnebed hereto and, by Ibis reference, made a part hereof. Dated ~'~ I t/ I STATE OF e'AI,,,IPORlqlA ~'t.~.ltOOl~ }SS. COUNTY ov ~o~ } On ~o~ ~fo~ ~, tl~ u~e~i~, a Nota~ ~blic in a~ tbr ~id State, ~lly ~o~lly ~n m me (or proved ~o me on the basis of satisfa~o~ evide~e) to ~ the ~on(s) who execul~ lhe wiflfin instruant as President ~ V ~ on ~lf of tim ~fion tbe~in ~m~, as~ ac~owl~ged m ~ tlmt ~cb co~o~tion exe~t~ ll~ within instmmem pur~ant to its by-laws or a ~nolufion of its board of director. W~ESS my Im~ a~ o~cial s~l. LGA-7, Inc.. Illinois corporation ~~4 t/,~L~ t~,.'l-~ President ~ ~,.( A ,~1~. ~, ~,~ ** a~;~UELINE LAKnwe~-, . NOTARY PUBLIC STAT~ ,~':'.'.~"' · . . , ~ ~r tLLINOIS + My Commtsmon Expires Jan. 4, 2001 ACCEPTANCE CERTIFICATE The City Council, City of Temecula hereby accepts the gram of real property or Rights of Access and Temporary Construction Agreement as set forth above. CITY OF TEMECULA ATrEST: By: Ron Roberts, Mayor BY: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: BY: Peter lVL Thorson, City Attome)' Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 Revised May 12, 1998 December 29, 1997 401135-M5 Page 1 of 3 EXHIBIT "A" Legal Description Promenade in Temecula Offsite Storm Drain Easement Those certain parcels of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lot 115 per map of the Temecula Land and Water Company filed in Book 8, Page 359 of Maps in the Office of the County Recorder of San Diego County, California, together with that portion of Lot 6 of Tract No. 3334 per map filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, included within Parcels "A" and "F" of Lot Line Adjustment No. 95-0111 recorded December 15, 1995 as Instrument No. 416771 of Official Records in the said Office of the Riverside County Recorder, described as follows: PARCEL 1 BEGINNING at a point on Course No. 28 (North 60007'46" East 114.49 feet) in the boundary line of Parcel Map No. 28530-1 as shown on sheet 3 of 9 sheets of said Parcel Map No. 28530-1 filed in Book ~ ~'L , Pages '~% through ~-~t~ of Parcel Maps in said Office of the Riverside County Recorder distant thereon South 60007'46" West 19.02 feet from the northeasterly terminus thereof; thence along said course and boundary line South 60°07'46" West 95.47 feet to the southwesterly terminus of said Course No. 28 and the beginning of a tangent curve in said boundary line concave southeasterly and having a radius of 35.00 feet; thence along said curve and boundary line southwesterly 5.58 feet through a central angle of 09007'35" to a point on a non-tangent curve concave southwesterly and having a radius of 1297.00 feet, a radial line of said curve from said point bears South 61°47'01" West; thence along said curve southeasterly 257.58 feet through a central angle of 11022'44" to a point of compound curvature with a curve concave westerly and having a radius of 31.00 feet, a radial line of said curve from said point bears South 73 °09'45" West; thence along said curve southerly 33.73 feet through a central angle of 62°20'38"; H:\GRP 60WDATA\401135~OFFI CE,WPWI31~SLGL005.W'PD Promenade in Temecula Offsite Storm Drain Easement Revised May 12, 1998 December 29, 1997 401135-M5 Page 2 of 3 thence tangent from said curve South 45°30'23" West 15.65 feet to the non-tangent intersection with a curve in the northeasterly right-of-way line of Ynez Road as described in a deed recorded August 28, 1991 as Instrument No. 297822 of Official Records in said Office of the Riverside County Recorder, said curve being concave southwesterly and having a radius of 1267.00 feet, a radial line of said curve from said point beam South 74°43'59" West; thence along said curve and right-of-way line southeasterly 42.72 feet through a central angle of 01 o 55'55"; thence non-tangent from said curve North 45°30'23" East 40.35 feet to the beginning of a tangent curve concave northwesterly and having a radius of 59.00 feet; thence along said curve northeasterly 7.21 feet through a central angle of 07°00'22"; thence non-tangent from said curve South 89°29'37" East 48.31 feet; thence North 00°30'23" East 24.00 feet; thence North 89029'37" West 37.11 feet to a point on a non-tangent curve concave westerly and having a radius of 59.00 feet, a radial line of said curve from said point beam North 77°26'30" West; thence along said curve northerly 29.97 feet through a central angle of 29°06'26" to a point of compound curvature with a curve concave southwesterly and having a radius of 1332.00 feet, a radial line of said curve from said point bears South 73°27'04" West; thence along said curve northwesterly 202.79 feet through a central angle of 08°43'23" to a point of reverse curvature with a curve concave easterly and having a radius of 76.00 feet, a radial line of said curve from said point bears North 64°43'41" East; thence along said curve northerly 103.10 feet through a central angle of 77°43'41" to a point of reverse curvature with a curve concave northwesterly and having a radius of 1024.00 feet, a radial line of said curve from said point bears North 37032'38" West; thence along said curve northeasterly 4.20 feet through a central angle of 00 ° 14'06" to the POINT OF BEGINNING. CONTAINING: 0.33 Acres, more or less. H:\GRP60~PDATA\401135~OFFI CI~,WPWIIV~351_.GL005.WPD Promenade in Temecula Offsite Storm Drain Easement Revised May 12, 1998 December 29, 1997 401135-M5 Page 3 of 3 PARCEL 2 BEGINNING at the southwesterly terminus of Course No. 26 (being North 28° 13'36" East 22.65 feet) in the boundary line of Parcel Map No. 28530-1 as shown on sheet 3 of 9 sheets of said Parcel Map No. 28530-1 filed in Book \el~. , Pages :~ through ue ~ of Parcel Maps in said Office of the Riverside County Recorde~, thence along said course and boundary line North 28°13'36" East 22.65 feet to the northeasterly terminus thereof and the beginning of a tangent curve in said boundary line concave southerly and having a radius of 35.00 feet; thence along said curve and boundary line easterly 51.09 feet through a central angle of 83°37'53" to a point on a non-tangent curve concave southeasterly and having a radius of 76.00 feet, a radial line of said curve from said point bears South 14°54'58" East; thence along said curve southwesterly 44.97 feet through a central angle of 33 °54'08" to a point of reverse curvature with a curve concave northwesterly and having a radius of 1024.00 feet, a radial line of said curve from said point bears North 48°49'06" West; + thence along said curve southwesterly 39.89 feet through a central angle of 02°13'55" to a point on a non-tangent curve in said boundary line concave northwesterly and having a radius of 287.00 feet, a radial line of said curve from said point bears North 57°50'39" West; thence along said curve and boundary line northeasterly 19.68 feet through a central angle of 03°55'45" to the POINT OF BEGINNING. CONTAINING: 0.01 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "B" attached and by this reference made a part hereof. H:\GP..P60~PDATA\401135~OF'FI C E~WPWII~35LGL005.V~PD 100 0 100 200 ~00 GRAPHIC SCALE PARCEL MAP NO. 28550-1 ~' ,' 27 I \ ~o' ~ .' ~,~7-s '-- P.O.B. .,/ ~ ~ -- / ~ , ~t~) ~' ' I ~C'T ~:; / : ~T ~': ' ' ..... / ........ / ~l ................ ~ ........... ~1~ LLA NO. 95-0111 ~$ INST. NO~ 418771, 'o4" (REC'D. 112-15-95.) DATA TABLE PCL. F BRNG/DEL TA RAD I US LENGTH LOT TRACT :,:;~ M.3 1 S60"07'46"W -- 19.02' 2 S60°07'46"W -- 95.47' 5 09"07'35" 35.00' 5.58' 4 11'22'44" 1297.00' 257.58' 5 62°20'38" 31,00' 35.75 6 S45°30'23"W -- 15.65 7 01"55'55" 1267.00' 42.72 8 N45"30'23"E -- 40.35 9 07"00'22" 59.00' 7.21 10 08°43'23" 1332.00' 202.79 11 77"43'41" 76.00' 103.10 12 00"14'06" 1024.00' 4.20 15 S89°29'37"E -- 48.31 14 NOO"30'23"E -- 24.00' 15 NBg"2g'37"W -- 37.11' 16 29°06'26" 59.00' 29.97' 17 05"55'45" 287.00' 19.68' 18 N28°lD'36"E -- 22.65' 19 83~37'53" 35.00' 51.09' 20 33°54'08" 76.00' 44.97' 21 02~13'55" 1024.00' 39.89' EXHIBIT 'B' TEMECULA TOWN CENTER REGIONAL MALL SITE OFFSITE STORM DRAIN EASEMENT REVISED 5-18-98 I SCALE DECEMBER 89, 1997 1'=100' SHEET 1 OF 1 SHEET Robe~ Be~,~l~c~r~ F~os~ & Assoc~c~es pRrlFESSIrlNAL ENGINEERS, PLANNERS mi. SURVEYORS I FIELD BODK I JOB NO, 401135-M5 [:XI~IFT RECORDING At:QUESTED BY City of Tomesvia PER OOV'T CODE 6103 AND WHEN RECORDED MAIL TO C'ay ofTenmeula - Cily Clerk P O Box 9033, 43200 Business Park Dr. Temeculn, CA 92519-9033 MAIL TAX STA'I~/v!~q'I~ TO City o f Tom~11]l P O ~ox 9033, 43200 I~sineas Padt Dr. Ten~cula, CA 92589-~33 OFFER OF DEDICATION - ROAD PURPOSES (Corporation) The undersigned, being the present title owner(s) of record of ~he herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and i~s successors or assigns, for sUeel and highway purposes, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat map) attached hereto. It is ubdetstood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of tim City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN W]~]EL~S T]']]~F, the~e pteaea~ have executed this inatnm!e~_ t COUN~ or ~smnj~o/~ ~ ~ lq/ /~ ,~fo~me'~eu~e~ig,~, ~ly ~ m ~ (~ ~v~ to ~ on t~ ~is of satisfacto~ ev~e) h ~/~k ~ ~(~), ~ ~ by ~,~/l~ir ~i~) ~ ~ ~ ~ ~a), ~ ~ mity u~n ~fof ~ch ~ ~,on(a) ~, ex~ ~ ~. WITHBSS my hand and official seal. By: Prim Name and Title corporatit "OFFICIAL SEAL" NOTARY PUBLIC. STATE OF ILLIfilOIS My Commission Expires Jan. 4, 2001 ACCEPTANCE CERTIFICATE The City Council, City of Temeculn hereb} accepts the grant of real property as set forth above. CITY OF TEMECULA ATTEST: By: Ron Roberts, Mayor BY: Su$-n W. Jones, CMC Acting City Clerk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney EXHIBIT "A" LEGA~ DESCRIPTION FOR ROAD RIGHT OF WAY PAGE 1 OF ~ BEING PORTIONS OF LOTS 6 AND 7 OF TRACT NO. 3334 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND ALSO BEING PORTIONS OF Pi~CEL "A" OF LOT LINE ADJUSTMENT NO. 31 RECORDED JULY 20, 1993 AS INSTRUMENT NO. 278787 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, MORE PA.~TICULARLY DESCRIBED AS FOLLOWS: PARCEL ~A" ROAD BEING A 50.00 FOOT WIDE STRIP OF LAND, THE SOUTHERLY LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI~ENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PA/{CEL "A" OF LOT LINE ADJUSTMENT NO. 31, SAID CORNER ALSO BEING A POINT ON THE EASTERLY LINE OF YNEZ ROAD, 88 FEET WIDE, AS SHOWN ON SAID LOT LINE ADJUSTMENT NO. 31; THENCE ALONG THE SOUTHERLY LINE OF SAID PA~RCEL "A" OF LOT LINE ADJUSTSlENT NO. 31 NORTH 79°47'19" EAST, 46.00 FEET (NORTH 79°46'43# FAST, 46.00 FEET RECORD PER L.L.A. NO. 31) TO A POINT HEREINAFTER REFERRED TO AS POINT "A", SAID POINT ALSO BEING THE BEGINNING OF A TA/gGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING A.LONG SAID SOUTHERLY LINE OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. 31 THE FOLLOWING FOUR COURSES: EASTERLY ALONG SAID 1000.00 FOOT PJ%DIUS CURVE THROUGH A CENTRAL ANGLE OF 15°00'00" AN ARC DISTANCE OF 261.80 FEET (MF-ASURED AND RECORD), A RADIAL LINE TO SAID POINT BEARS NORTH 04"47'19" F2%ST; THENCE SOUTH 85°12'41" EAST, 683.49 FEET (SOUTH 85°13;17" F,~T, 683.49 FEET RECORD PER L.L.A. NO. 31) TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°44'57" AN A~C DISTANCE OF 117.80 FEET (RECORD AND MEASURED); THENCE NORTH 88°02'22" EAST (NORTH 88°01'46" EAST RECORD PER L.L.A. NO. 31), 468.68 FEET TO A POINT ON A LINE BEARING NORTH 01°26'07" WEST, SAID POINT TO BE REFERRED TO HEREINAFTER AS POINT ~B", SAID POINT ALSO BEING THE TERMINUS OF SAID 50.00 FOOT WIDE STRIP OF LAND. EXHIBIT ~A" SHEET 2 OF ~ THE NORTHERLY LINE OF SAID STRIP OF LA/gD SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY AT SAID LINE HAVING A BFJkRING OF NORTH 01°26'07" WEST. CONTAINING 76,779.61 SQUARE FEET OR 1.763 ACRES MORE OR LESS. PARCEL "B" ROAD BEGINNING AT POINT ~A" ]iS DESCRIBED IN PARCEL ~A" DESCRIPTION HEREIN; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" OF LOT LINE ADJUSTMENT NO. 31 SOUTH 79°47'19" WEST, 23.00 FEET TO THE EItSTERLY RIGHT OF WAY LINE OF YNEZ ROAD, 134 FEET WIDE, AS DESCRIBED IN INSTRUi~NT NO. 50710 RECORDED FEBRUARY 9, 1993 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE; THENCE A/~ONG SAID EASTERLY LINE OF YNEZ ROAD NORTH 10°12'41" WEST, 75.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 52"49'32" FAST, 33.97 FEET TO A LINE PAPJkLLEL WITH AND 23.00 FEET EASTERLY OF SAID EASTERLY RIGHT OF WAY LINE OF YNEZ ROAD; THENCE ALONG SAID PA/~ALLEL LINE SOUTH 10"12'41" EI~T, 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,437.50 SQUIU{E FEET OR 0.033 ACRES MORE OR LESS. PARCEL ~C" R~ BEGINNING AT POINT "B# AS DESCRIBED IN P~/~EL ~A" DESCRIPTION HEREIN; THENCE A~LONG THE SOUTHERLY LINE OF SAID PARCEL ~A# OF LOT LINE ;%DJUSTMENT NO. 31 NORTH 88"02'22" FJ%ST, 22.52 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MARGARITA ROAD, 110 FEET WIDE, AS DESCRIBED IN INSTRUMENT NO. 305606 RECORDED AUGUST 18, 1992 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 01~58'33" WEST, 9.98 FEET TO THE BEGINNING OF A TANGENT 2055.00 FOOT PJ~DIUS CURVE, CONCAVE EASTERLY; C:~D~SMNTI.DO~ EM/~IBI T '~A" SH~.ET 3 OF ~ THENCE NORTHERLY A.LONG SAID CUR%q~ A/gD SAID WESTERLY RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 01"47'35" ~ ~C DIST~CE OF 64.31 ~ET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 41~32'36" WEST, 33.48 ~ET; THENCE SOUTH 01 '2 6' 07" ~T, 50.00 ~ET TO THE POINT OF BEGI~ING. CONTAINING 1,391.42 SQU~E ~ET OR 0.032 AC~S MO~ OR LESS. SEE E~IBIT "B" ATTACHED HE~TO C:~m/)~k!NT I.DO(: EXHIBIT "B" SCALE: 1"= 200' EXP. 12/3!/00 .~Ho. 5928 APN g2:l-ogo-o~B LOT ~ 7 /.// L.L.A. NO. 3! \ <R = 1000.00'> REC'D 7/20/93 '~ PARCEL "A" ~ / ~ ooo. oo") TRACT ~ NO, ' 3234 MB 54 / ~ 25 - ~0 SHEET 2 I APN ~21-0~0-055 ~ ~ ~ .-~ ~ APR ,~ DENOTES RECORD DATA ~,~& L ~ / 921-090-055 PER RS g~/~. ~.~ ~ ~' ~ [ o · .~ .... ~ ~.~ ~ ~ PARCEL A O~ L L A P~ ~ 5~/25-~o ~ ~ ~ ~ ~ ~ ~ ~s~ No ~z8z.~' ' INS~ NO. 278787 ~ ~-- -- ~ -- N : '. ~ REC'D 7/20/93. I~, ~ ~ ~ ~ ~ REC'D 7/20/93 ~ (N I0~317 W 296~23~ ,~ L.~A. NO. 31 ~ <N 10~2'53" W 29623'> . -~ ~ - 50' 'INS~ NO. 278787 ~ ' L DT , I ~ R[C~ 7/20/93 ~ ~ = ~ooo. oo'> / / ~., ~ (L = 261 80') ~ /~P.O.B. PCL. A"&"B" -- P~L ~: _ ~~ ~ _, ~.~'07 ~ ~ ~r. NO. .SHEET 2 ~ ~ / ~, ' 446.~6.43' E) { ~ "" ~, ~,~ , ~ . -~~ ~ ~ ~ ~ - ~ - _ · , ........ <N I0~'2'53" W> (N 10'13'17" W) Trans-Pacific Consultants CIVIL ENGINEERS 27447 Enterprise Circle West, Temecula, CA., 92,590 LAND SURVEYORS. THIS PLAT IS SOl. ELY AN AID IN LOCATING mE PARCEL(S:) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT PART OF'THE WRITTEN DESCRIPTIONTHEREIN. 2 sc,,£: ,'. 20o' ! D.,,,~ .,,, 'm'a^TE9/29/,71 EXHIBIT SHEET 1 OF' RIGHT-OF-WAY PLANNERS w.o. # RDESMNT1 .DWG EXHIBIT "B" sc~: ~"-- ~oo' DETAIL "B" _ / ~ ~,t ,o.o~ --'~;~,_~,'..',:: · :.,_~.~o~ (,~o' ~O~) ~ ~'ee~ REC'D 8/18/92 MARGARITA RD. (ca' ~og) PER . ~ ~ ~ ~, ~ ~ P.O.B. P~ 'C' - 64.3~' PAI~CEL "A' 50' ~ o~a'~' w s~ SHggr ~ ~ ~0', 9.9~' , ~ O~RLAND DRI~ ~ S'L Y LINE ~ PAR~L 'A' OF LOT LINE INST. NO. 27B787 ~EC'e ~/20/95 ~ ~~ ~. DE TAIL "A" No. 5928 / (R - I~.~')_ ~ [ . . OF PARCEL 'A' OF LOT LINE (L = 26h80') ~50' I 50' ~P 'B" INET. NO. 278787 N t0~2'4~' W ~ ~/ ...... CL. REC'D 7/20/93 ~o. oo.~ ~ / ~ ~.~.o~: ~ N 52"49'32' W ~ ~ / _ (N 79'~'43 E)  ~97'~ _ ~.o~'~ ~, * YNEZ ROAD ~ "' '~'~ ~ ~ ,o~;.,,.w -- PARCEL Trans-Pacific ConsulLants 27447 Enterprise Circle West. Temecula. CA.. 92590 THIS PLAT IS ~:O~.LY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT, IT IS NOT PART OF' THE WRITTEN DESCRIPTION THEREIN. SCALE: 1"- 100' DRAWN BY TB- CIVIL ENGINEERS LAND SURVEYORS, PLANNERS w.o. # s~££~ 2 o~ 2 OATE9/30/97IRIGHT-OF-WAY EXHIBIT RDESMNT2.DWG EXEMPT RECORDINO REQUESTED BY City of Tem~uln PER ~V~ AND ~EN R~ MA~ TO City ofT~ub - C~y TeacuP, CA City o~T~ Te~u~, CA ~89~3 EASEMENT DEED - SLOPE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LGA-7, inc., an Ill±nois corporat:J. on GRANT(S) to the CITY OF TEMECULA, a political subdivision. an easement for slope purposes, including the cons~uction and maintenance over, upon, across, and within real property in the City of Temecula, State of California, 'See Attached Exhibit "A" For Complete Description This easement shall terminate as to those portions of the subject property which are developed by Grantor to the extent the slope easement is no longer needed. The City shall record such additional documents as may be reasonably required to confirm the termination or partial termination of this easement. LGA- 7, IN WITNF_3S THEREOF, thee preaenU here ~x~cuted this instmn!~ this I-~4'"" dayof :To I,./ ,19q7 es. COUNTY OF RIVi~RnlDI;~C~/~ On ..~-~.--'~ /~ ~ ,heforenmthe,,ndersigned, a Notary PuPil,' in ~nd for the $tat~ of'C-affront.' Eersormlly appeared l~rsonally Iraown to nm (or proved to nm on the basis of satisfactory ~vid~nce) to he the puson(s) vdso~ nan.(s) is/nr~ subscrihed to the within in hb/!mr/th~ amhoris~ eape~(i~), and that by his/her/their signamp(s) on tb insthmsmt n,. peon(s), or ties mt~ upon b~df of which tbe pmon(e) ae~d, WrI'NESS my hand nnd official semi. Inc. , an~ll_i.nois4corporation "OFFICIAL SEAL" JACQUELINE LAKOWSKI NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Jan. 4, 2001 ACCEPTANCE CERTIFICATE The City Council, City of Temecula hereby aceepls the Brant of s~l property u sd forth above. CITY OF TEMECULA ATTEST: Ron Roberts, Mayor BY: Susan W. John, CMC Acting City Clerk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney EXHIBIT ~A# PARCEL ~D# SLOPE EASEMENT BEING .A 25.00 FOOT WIDE STRIP OF LAND, THE SOUTHERLY LINE OF WHICH IS THE NORTHERLY LINE OF PARCEL ."A" AS DESCRIBED HEREIN; THE NORTHERLY LINE OF SAID STRIP OF L~D SHALL BE PROLONGED OR SHORTENED WESTERLY SO AS TO TERMINATE ON SAID EASTERLY 67.00 FOOT HALF WIDTH RIGHT-OF-WAY LINE OF YNEZ ROAD AND PROLONGED OR SHORTENED F, ASTER. LY SO AS TO TERMINATE ON SAID WESTERLY 55.00 FOOT HALF WIDTH RIGHT-OF-WAY LINE OF MARGARITA ROAD; CONTAINING 39,114.39 SQUARE FEET OR 0.898 ACRES, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO · ' AP/¥ 921.090-053 ~ , ~1_~ ~ ~.~c'o ,/~o/,~ '. / h LOT ~ ~/' N ~ YNEZ ROAD~%~ ' ~~m~ ...... ~-~-~ ~ .....: ,. Trans-Pacific Consultants 'C~WL ENGINEERS __27447 Enterprise Circle West, Temecula, CA., 92,590 LAND SURVEYORS. PLANNERS Tiffs PLAT I$ SOLELY AN AID IN LOCATING THE PARC£L($) 0£SCRIB£D IN TH£ W.O. /~ ._.ATTACH[D DOCUMENT. IT IS NOT PART OIr THE M~ITI'EN DESCRIPTION THEREIN. SHEET 1 OIr I 12-01,3.07 SCxL~: ,'. 200' I 0. AW. 8, TE~ o,~z 215198 EXHIBIT i~EMPT REC'ORDINO REQUESTED BY City ~ ~V~ ~D~ ~1~ ~D ~N R~ M~ City of T~uln - P O ~x ~3. 432~ ~ h~ Dr. T~u~. CA ~3 M~ T~ ~A~ C~y oFT~ PO ~x ~3,432~ ~ h~ Dr. T~, CA ~[~3 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT CITY OF TEMECULA Herein referred to as "City", and LGA=7, Inc., an Illinois corporation Herein referred to as 'Grantor". The fight is hereby granted City to enter upon and use the !and of Grantor in the City of Temecula, State of California, described as: See Attached Exhibit "A" For Complete Description for ail porposed necessary to facilitate and accomplish the construclion of z .~t-r~- nnc~ h~gh=~y A fourteen (14) day written nodce shall be given to Grantor prior to using the rights herein granted. The rights herein granted may be exerclaed for 18 months after the fourteen (14) day written notice, or undl completion of said project, whichever shall be sooner. It is understood that the Cily may enter upon Grantor's property where appropriate or designated tbr the purpose of getting equipment to and from the easement area. City agrees no! to damage Grantor's property in the process of performing such activities. The right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. Grantor reserves the right to remove salvable real and personal property on or before the expiralion of the fourteen (14) day notice. !f said property is not removed in its entirety at Grantor's expense on or before said date for any reason whatsoever, the tight to remove said property shall tetrairate and said will become property of City to dispose of at ils discretion. City slmll remove, replace and relocate u necessary any existing fencing disturbed by conslruc~on of highway Io new property line on Orantor'a remaining property. Grantor agrees that City, its agents, employees or contractors shall have the right to enter upon Grantor's land for the purpose of performing the fence replacements or relocaliom. All replaced or relocated fencing shall be left in as good condition as it is found and shall thereafter be the responsibility of Grantor to maintain and repair. At the terminalion of the period of use of Grantor's and City, but before its relinquishment to Grantor, debris generated by City's use, will be removed and the surface will be graded and left in a neat condition. Grantor shall be held harmless from all claims of third persons arising from ~he use by City of Grantor's land. Grantor hereby warrants that he is the owner of the property described above and that he has the right to grant City permission to enter upon and use the land. This agreement is the result of negodadons between the parties hereto. This agreement is intended by the parties as a tirol expression of their understanding with respect to the ma~rs herein and is a complete and exclusive statement of the terms and conditions thereof. 9. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 10. This agreement supersedes any and all other prior agreements or understanding, oral or written, in connection therewith. !I. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the pardcs thereto shall be joinfly and severally liable thereunder. IN WITNESS.THEREOF, these presents have ~xectfied this iMt~nje~! COUN~ O~B)~ ~ a N~ ~1~ ~ ~ for ~ S~e of ~~omlly a~ ~!y ~ Io ~ (or p~v~ to nm on I~ ~is of salisfaclo~ eyre) to ~ ~ ~s) w~e ~s) i~are subsc~ to tim wit~ ACCEPTANCE CERTIFICATE Print Name ,red Title Its: W~cT~ ~.. ~o~¥~ Its:/Btca,~C Iq. F~6~ NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires .Jan, 4, 2001 · The City Co~neiJ, City of Temeeula hereby accepts the grant of red properi as se~ forth above. CITY OF TEMECULA ATTEST: Ron Roberts, Mnyor BY: Susan W. Jonm, CMC Aetlng Ci~ Cbrk APPROVED AS TO FORM: BY: Peter M. ~n, City Attorney EXHIBIT ~A" PA~L ~E" TEMPOI~Y CONSTR3JCTION F~EMENT BEING A 15.00 FOOT WIDE STRIP OF L;tND, THE SOUTHERLY LINE OF WHICH IS THE NORTHERLY LINE OF PARCEL "D" AS DESCRIBED HEREIN~ THE NORTHERLY LINE OF SAID STRIP OF LAIgD SHA/,L BE PROLONGED OR SHORTENED WESTERLY SO AS TO TERMINATE ON SAID F2%STERLY 67.00 FOOT HALF WIDTH RIGHT-OF-WAY LINE OF YNEZ ROAD i~ND PROLONGED OR SHORTENED EASTERLY SO AS TO TERMINATE ON SAID WESTERLY 55.00 'FOOT HALF WIDTH RIGHT-OF-WAY LINE OF I~G~ITA RO~ CONTAINING 23,856.41 SQUARE FEET OR 0.548 ACBES, MORE OR LESS. THE ABOVE DESCRIBED PARCELS A,RE SUBJECT TO COVEN~TS,-CONDITIONS, P~SERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY ~D EASEMENTS, IF A~NY OF RECORD. SEE EXHIBIT "B" ATTACHED HERETO -' APN 92%090-066 / ~ APN ~/ ~ PARCEL  L.L.A. NO. 3~ ,. INS[ NO. 278~ R~C'D 7/20/95 '~ / ~ / -~.~.) 96 / ~ TRACT /' ~ I ) 25 - 30 . APN g21-OgO-053 ,' O~LA~ ~Ec'o ~/2o/~3 ~ARCEL "~" PAR~L 'E'~, ~o' ~NS~ NO. / REC~20/gZ / LOT / ~ - ~ ~'~' _~ ------.--~ ........... Trans-Pacific Corisultants '~L ~N~S 27447 Enterprise Ckcle West. Temecula. CA,. 92590 ~O SUR~RS. PLANNERS ~S ~AT ~ ~y AN AID IN L~A~G ~ P&R~S) O~ED IN mE I ~ W.O. ~ A~A~ED D~T. It ~ ~r PART ~ mE ~1~ ~S~P~ r~E~. SHEET 1 ~ 1 12-01~.07 sc~: ,-~ 200'J o~ e~.,T~ ~ ~/~/~e I EASEMENT EXHIBIT NOR TH_ TC.'-.DWG EXHIBIT "B" The undersigned, being the present rifle owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its succeasors or assigns, for street and highway purl~es, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit 'B" (plat map) attached hereto. It is understood and agreed that the City of Temecula and its suc~rs or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, tmfil such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisiom hereof shall inure ~o the benefit of and he binding upon heirs, successors, assigns, and personal represenmtives of the rempective parties hereto. LGA-7, Inc., an Illin, s IN WITNESS TH]BPJ$OF, tlmm presu~ have executed this ins this I .~,t~ day of ~'O/_)/- ,19~t~nt STATE OF,C~t.II~IUIlA } S$. COUNTY OF R!~ ~.~tu=} On "'COIy I~. Jc~c~o°' ,heforomotheundorsi~ned, a Nota~ Public in and for the $tmo of C~lifb.fia, mrsumlly app~a~J personnHy ]~own to m (or proved to m~ on tho b~is of satisfactory to b~ tho person(s) who~o namo(s) is/aro subscribed to the within inetn~n~t and noknowied$,ed to nm that i~/she/they oxeculod the same in his/her/their aufism'ix~ oapooity(ios), and ~at by his/her/limit signnturo(s) on tho instnm~t tb p~m(s), or ti~ entity upon hehnlf of which the person(s) WITNF. SS my hnnd nnd officini se~d. ACCP-PTANCE CERTI~CATE Ill~s corporation Pr~ Name and T~ Its :to~-te£ L c~T~ p£~s,b~ff "OFFICIAL SEAL" JACQUELINE LAKOWSKI NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Jan. 4, 2001 The City Council, City of Temecula hopby accepts the grant of real propen'y as set forth above. CITY OF TEMECULA ATTEST: Ron Robere, Mayor BY: Su~an W. Jones, CMC Acting c~y Cl~rk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney # EXHIBIT "A" RIGHT OF WAY DEDICATION PARCEL "A" CITY OF TEMECULA LOT LINE ADJUSTMENT NO. 31 That portion Parcel "A" per the City of Temecula Lot line Adjustment number 31 Recorded on July 20, 1993 as instrument No.278787, Records of Riverside County, California. lying within Rancho Temecula, also being within the City of Temecula, County of Riverside, State of Califomia and more particularly described as follows: BEGINNING at the Northeasterly comer of said Parcel "A" as shown on Record of Survey filed as Book 96 Page 1 of Surveys, Records said County, said point being on the Westerly 44.00 foot half-width sideline of of Margarita Road per said Map and being the beginning of a non-tangent 2044.00 foot radius curve concave Easterly, a radial bears North 78 °52'48" West; THENCE Southerly along the arc of said curve through a central angle of 13 °05'26" a distance of 467.00 feet; THENCE South 1 °58'14" East 9.27 feet to the Southerly line of said Parcel "A"; THENCE along said line South 88°02'10" West 11.0000 feet to an intersection with a line 55.00 feet Westerly of, as measured at right angles, and parallel with, the Centerline of said Magarita Road; THENCE along said parallel line North 1 °58'14" West 9.27 feet to the beginning of a 2055.00 foot radius curve concave Easterly; THENCE Northerly along curve through a centrai angle of 13 °06'27" a distance of 470.12 feet to the Northerly line of said Parcel "A". THENCE along said line South 75°42'55" East 11.02 feet to the POINT OF BEGINNING. Containing 0.1207 acres, more or less. License Expires 9-30-00 Date: '.. ZNI' 58'14'W 9.27 C4 ~ LC3-'"---' N1'58'14'W 9.27 DETAIL 'B' N.T.S. N75 42'55'W 11.02 ',,~N78' 52'48W RA__D DETAIL 'A' N.T.S. No. DIRECTION DISTANCE LI N 79'46'38' E 45.98 No. DELTA RADIUS LENGTH CI 6'44'57' 1000.00 117.80 C2 15'00'29' I000.00 261.94 C3 13'05'26' 2044,00 467.00 C4 13'06'27' 2055.00 470,12 PARCEL ' B' ~ PER LLA NO. 31 PARCEL 'A' PER LLA NO, 31 RECORDED 7-20-1993 INST. NO. 278787 APN 921-090-056 SEE DETAIL N78'51'47~ RAD N78'52'48~ RAD EXHIBIT 'B' RIGHT OF WAY DEDICATION /usr / projOoTO/r_grp/a_ 15154/154D n~ 5.agn RICK ENGINEERING COMPANY CIVIL ENGINEERS SURVEYORS PLANNERS 3050 CHICAGO AVE.. SUITE 1OO. RIVERSIDE, CA 9250' SCALE 1':200' J DATE SEPTEMBER 23. 1997 PLOT DATE.' 21-APR-1998 JN 13134 ~ RECORDING REQUESTED City o~T~n~ula Pl~t GOV'T CODE 6103 ~D ~EN ~O~ M~ TO C~ ofT~ - City ~ P O ~x ~3, 432~ ~i~ ~ Dr. C~y of T~ P O ~ ~3, ~ ~. ~ ~. T~, CA EASEMENT DEED - SLOPE PURPOSES FOR A VALUABLE CONSIDERATION, r~ceipt of which is hereby acknowledged, LGA-7, Inc., an Illinois corporation GRANT(S) to the CITY OF TEMECULA, a political subdivision, an easement for slope purposes, including the cons~ucfon and maintenance over, upon, across, and within real property in the City of Temecula, State of California, described as: See Attached Exhibit 'A" For Complete Description This easement shall lermimte as to tho~ po~ons of the subject propemy which are developed by Grantor to the e. xt~nt the ~1ope easement is no longer nee. Aexl. The City shall record such additional documents as may be reasonably required to confirm the t~rminafion or partial termimtion of this easement. LGA- 7, ]~ ~ ~H~=OF, the~e ~ h~ve execul~xi this imuume~ STA~ OF ~~ ) SS. . co~ oF~_~} ~ ~y ~ m ~ (or ~v~ to ~ ~ t~ b=~= of ~ti=fac~o~ ev~en~) to ~ ~ ~) ~ ~) ~/~ ~b=c~ to ~ wit~ ~ ~ ~ ~ ~*), or ~ ~i~ u~n ~f of ~=h ~ ~0) ~, $ "O~lClnL SE~L" ~S =X ~ ~ o~i~ ~. ~ JACQUELIHE LA~OWS~I , ~ NOTARY POBLIC, STATE OF ILLINOIS Siam ~~ ~ MyC0mmissi0nExpiresJan. 4,2~l ~ ACCE~ANCE Inc., an IllinOis corpora- Print Nsmm an~ Title Its:~AUrE~ L. ~T~ City Counc/i, City of Ternecula i~.. reby accepts the grnnt of real property ~ set forth above. CITY OF TEMECULA ATrEST: Ron Roberts, Mayor BY: Su~n W. Jo~es, CMC Acting City Cl~rk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney SLOPE EASEMENT PARCEL "A" CITY OF TEMECULA LOT LINE ADJUSTMENT NO. 31 That portion Parcel "A" per the City of Temecula Lot line Adjustment number 31 Recorded on July 20, 1993 as Instrument No.278787, Records of Pdverside County, California. lying within 1Laneho Temeeula, also being within the City of Temeeula, County of Riverside, State of California and more particularly described as follows: COMMENCING at the most Southeasterly comer of said Parcel "A", also being on the Westerly 44.00 foot half-width sideline of Margarita Road; THENCE along said south line South 88°02'10" West 11.00 feet to an intersection with a line 55.00 feet Westerly of, as measured at right angles, and parallel with, the Centerline of said Magarita Road being the TRUE POINT OF BEGINNING; THENCE along the Southerly line of said Parcel A, South 88°02'10" West 5.00 feet; THENCE North 1 °58'14" West 9.27 feet; THENCE North 5 °24'22" West 114.33 feet, to the beginning of a non-tangent 2070.00 foot radius curve concave Easterly, a radial bears North 88°48'36" West; THENCE along the are of said curve through a centeral angle of 0°16'44" a distance of 10.08 feet; THENCE South 88 °31'52" East 15.00 feet, to the beginning of a non-tangent 2055.00 foot radius curve concave Easterly, a radial bears North 88 °3 I'52" West; THENCE Southerly along the are of said curve, through a central angle of 3 °26'22", a distance of 123.36 feet, to the terminus of said curve; THENCE South 1 °58'14" East 9.27 feet to the TRUE POINT OF BEGINNING; Containing 0.03 acres, more or less. ~.,o,n.,~.~-lamngt0n, L.S. 5441 License Expires 9-30-00 Da~: L2 NB8' 48'16~L RAD ~ TPOB -~.~ ............................ ~ ~POC -~ ,.~.s. ,o.O~,~CT~ON.O~ST~NCE L~ N ~:0~', ~0~ ~S.00 SC~ N ~'~4'~",~4.~ ~ L4 N 88'48'~6" ~ 15.00 ~ Ls N ~'~',~4]] W g.27 ~ L6 N 79'4G 38 E 45.98 ~ L7 N 88~02' 10" E 11.00 ~ L8 N 88'31'52" W RAD 15.00 ~ No. DELTA HADIUS LENOTH  mmm mmmmmm--mm__mmmm m mmm maim C1 6'44'57" 1000.00 117.80 C2 15' 00~9" 1000.00 261.94 C3 13'05~26# 2044.00 4~7.00 C4 3' 26' 22" 2055. O0 123.3G C5 0~16'44" 2070.00 10.08 PARCEL 'B' ~ PARCEL 'A' PER LLA NO, 31 _ PER LLA NO, 31 RECORDED 7-20-1993 INST. NO. ~7~7S7 / .~.;;':~'"~.~',~:~ 0 · ~ '"~ ~ ~ ~~', ,' . · SEE DETAIL A ,; .-. ,.... g ~--~ ~ - ~ .... ~ M ., ---.------~' ~_ ~ ~ / ..... ' ...........................~ ......... / N78' 52'48~ RAD ..................... ~--~ C3 .................. ~ ~MARGARITA ROA~" EXHIBIT 'B' SLOPE EASEMENT /usr/projaata/r_grp/cL 13154/154Drf9.dgn RICK ENGINEERING COMPANY CIVIL ENGINEERS SURVEYORS PLANNERS 3050 CHICAGO AVE.. SUITE 1OO. RIVERSIDE. CA 9250' SCALE 1°=200' ) DATE JANUARY 7, 1998 PLOT DATE: 21-APR-1998 JN 13134 EXEMFT RF:CORDING REQUESTED BY City of Tem~:uln PER GOV'T CODE 61~ ~D ~EN ~O~ M~ TO City o~Te~ula - City Cle~ P O ~x ~33. 432~ ~si~ ~rk Dr. T~u~, CA 9~89-~3 City o~ T~ P O ~x ~3, 43~ ~ ~ ~. RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT CITY OF TEM~CULA Herein referred to as "City", and LGA=7, Inc., an Illinois Herein referred to as "Grantor~. corparation The right is hereby granted City to enter upon and use the land of Grantor in the City of Temecula, State of California, described as: See Attached Exhibit 'A" For Complete Description for all putposed necessary to facilitate and accomplish the cons~c6onof a street and highway A fourteen (14) day wriuen notice shall be given to Grantor prior to using the rights herein granted. The rights herein granted may be exercised for li months after the fourteen (14) day wriHen notice, or until completion of said project, whichever shall be sooner. It is understood that the City may enter upon Grantor's property where appropriate or designated for the pro'pose of getting equipment to and from the easement area. City agrees not to damage Grantor's property in the process of performing such acfvities. The right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. Grantor reserves the right to remove salvable real and personal properly on or before the expiration of the fourteen (14) day notice. If said property is not removed in its entirety at Grantor's expense on or before said date for any reason whatsoever, the right to remove said property shall terminate and said will become property of City to dispose of at its discretion. City ~tall remove, replace and relocate as necessary any existing fencing dismrhed by construction of highway to new property Une on Grantor's remaining property. Grantor agrees ~hat City, its agents, employees or contractors shall have the right to enter upon Grantor's land for the purpose of performing the fence replacements or relocations. All replaced or relocated fencing shall be left in as good condition as it is found and shall thereafter be the responsibility of Grantor to maintain and repair. At the terminalion of the period of use of Grantor's and City, but before its relinquishment to Grantor, debris generated by City's use, will be removed and the surface will be graded and left in a neat condition. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. Grantor hereby warrants that he is the owner of the property described above and that he has the right to grant City permission to enter upon and use the land, This agreement is the result of negotiations between the parlies hereto. This agreement is intended by the parties as a final expression of their understanding with res~ct to the mauers herein and is a complete and exclusive statement of the terms and conditions thereof. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. This agreement supersedes any and all other prior agreements or understanding, oral or written, in connection therewith. 11. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in fitis agreement, and all the pardes thereto shall be jointly and severally liable thereunder. IN W1TN~S THEREOF, rinse prosoats have exeeut~J this i~trum_ent t~s /~',"~ ~y of ~v 1V , ~9 ~ COU~ OF a No~ ~b~c m ~ for ~e S~te of~i~..~a, ~o~11y ap~ ~o~y ~o~ to me (or ~v~ to me on ~ ~is of ~isf~toV to ~ ~ ~mn(s) whose ~s) is/~e ~bscfi~ to ~e ~ ~t~t ~ g~wl~g~ m me ~ ~sh~ey ex~ut~ ~ ~ m ~r/~ ~~ ~yi~(i~), ~ ~ by ~s~r/~ ex~u~ ~ ~t~. WITNESS my tuuxl ~ official seal. Signature ~ inc.,~nti.~s corporatim B-~~~~le Print Its:~JAL-[6~ (... i.O~Z-'TE O£u%~Oe~ · "OFFICIAL SEAL" · JACQUELINE LAKOWSKI · NOTARY PUBLIC, STATE OF · My Commission Expires Jan, 4, 2001 ACCF. PTANC~ CI~.RTIFICATI:. The City Council, City of Temecula hereby nccepts the grant of real property ~ set forth above. CITY OF TEMECULA ATTEST: By: Ron Roberts, Mayor BY: Susan W. Jones, CMC Acting City Clerk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT PARCEL "A" CITY OF TEMECULA LOT LINE ADJUSTMENT NO. 31 That portion Parcel "A" per the City of Temecula Lot line Adjustment number 31 Recorded on July 20, 1993 as Instrument No.278787, Records of Riverside County, California. lying within Rancho Temecula, also being within the City of Temecula. County of Riverside, State of California and more particularly described as follows: A Temporary Construction Easement being a strip of land 40 feet in width, as measured at right angles to and being parallel with the Westerly 55.00 foot half width sideline of Margarita Road. Excepting therefrom all that portion of land lying Easterly and Southerly of the following described line; COMMENCING at the most Southeasterly comer of said Parcel "A", also being on the Westerly 44.00 foot half-width sideline of Margarita Road; THENCE along the south line of said Parcel "A" South 88°02'10" West 11.00 feet to an intersection with a line 55.00 feet Westerly of. as measured at right angles, and parallel with, the Centerline of said Magarita Road being the TRUE POINT OF BEGINNING; THENCE North 88 °02'10" East 5.00 feet; THENCE North 1 °58'14" West 9.27 feet; THENCE North 5 °24'22" West 114.33 feet, to the beginning of a non-tangent 2070.00 foot radius curve concave Easterly, a radial bears North 88 °48'36" West; _ THENCE along the are of said curve through a central angle of 0 °16'44" a distance of 10.08 feet: THENCE South 88 °31'52" East 15.00 feet to the POINT OF TERMINATION also being the 55.00 westerly of the centerline of said Margarita Road; ~:io~arrington, L.S.'~ License Expires 9-30-00 Date: 13451p.lgl NO. DIRECTION DISTANCE L1 L2 L3 L4 L5 L6 L7 L8 NO. N 88' 02 N 1'58 N 5°24 N 88° 48 N 1°58 N 79~ 46 N 88° 02 N 88°31 DELTA Cl 6°44'57" C2 15'00'29" 13'05'26" C4 3'26'22" C5 0°16'44" 10" E 5.00 14" W 9.27 22" W 114.33 36" W !5.OO 14" W RAD 9.27 38" E 45.98 10" E 11,00 52" W RAD 15.00 RADIUS LENGTH 1000.00 117.80 1000.00 261.94 2044.00 467.00 2055.00 123.36 2070.00 10.08 PARCEL "Et' <.-' PARCEL 'A' PER LLA NO, 31 PER LLA NO, 31 RECORDED 7-20-1993 INST. NO. 278787 APN 921-O90-056 N78' 51'47~V RAD ~ N78'52'48~ RAD EXHIBIT '8' TEMPORARY CONSTRUCTION EASEMENT / usr/projooTo/r.grD/~_ 1_~ 154/ 134p~T 15.Qgn RICK ENGINEERING COMPANY CIVIL ENGINEERS SURVEYORS PLANNERS 3050 CHICAGO AVE.. SUITE 1OO. RIVERSIDE. CA SCALE 1'=200' IDATE JANUARY 7, 1998 PLOT DATE: 21-APR-1998 9250' JN 13134 T. R. SEC. ROAD NAME: CERTIFICATE OFt ACCEPTANCE BASBMBNT (Government Code Section 2T28 THIS IS TO CI in real propenT granted by the dated from Corpnrafion. TEMlaCULA, b for the Tcmecula on behalf the m~Jerslgned City Council contained Ordinance No. 669. Grantee to recordation tlmreof by i!s duly Dated: CiP/of Temecula , ReS 2i~5, nxp. CiP/of Temecula PROJECT NAME: THIS INSTRUMENT IS FOR THE BENEFIT OFt THE CITY OF TEMECULA AND ENTITLED TO BE RECORDED WITHOUT FEE (GOV, CODE 6103) RETURN TO THE OI:q:~CE OF THE CITY MANAGER CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA, CA 92590 W.O.# ' POR RECORDER'S USE BNG\FORM.4 CORPORATION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LGA-7, Inc., an Tillnob Corporation, ~reby GRANT(S) Io the City of Temecula an easement for the maintenance of traffic signals the real propcaT in rite City of Tcmecula, County of Rivcmidc, State of Calitbmia, described as: Shown on Exhibit A and Exhibit B attached hereto and, by fhis reference, made a part hereof. STATB OF ~'ALIPORHIA' :Lq4. t ~oI.S }SS. COU~ OF } beam ~, fik ~g~i~, a Nma~ ~blic in a~ tbr said p~o~lly ~ to ~ (or p~ to ~ on the basis of ~atisfa~o~ evideme) to ~ the ~mon(s) who execut~ within imtm~m as . ~ on ~lf of the ~fi~ Ill.in ~, sod ac~mwl~g~ to me such co~lion exe~t~ the within i~mmment pu~ant m its by-laws or a ~olution of its boa~ ofdi~ctors. WITN~S ~ I~ and official seal. LGA-7, Inc., an Illinois corporation Its: CO.L. t~hi+~ ACCEPTANCE CERTIFICATE The City Council, City of Temecula hereby accepts the grant of ~ property or Rights ~ Access and Temporary Construction A/~eement as set forth above. CITY OF TEMECULA ATTEST: Ron Roberts, Mayor BY: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney EXHIBIT "A" LEGAL DESCRIPTION iD~ i ~ ~ ~ AN EASEMENT FOR THE MAINTENANCE OF TF~FFIC SIGNALS OVER A PORTION OF LOT 11S PER MAP OF TEMECULA LAND AND WATER COMPANY FILED IN BOOK 8, PAGE 359 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST.SOUTHERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. 28530-1 FLIED IN PARCEL MAp BOOK ~ PAGES ~ THROUGH /"/'~, IN SAID OFFICE OF THE COUNTY RECORDER, SAID POINT ALSO BEING IN THE PARCEL LINE OF LOT 'B' OF SAID PARCEL MAP NO. 28530-1, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE NORTHEASTERLY, ALONG THE PARCEL LINE OF SAID PARCEL 2, FROM A TANGENT BEARING OF NORTH 21°37'48' EAST, THROUGH A CENTRAL ANGIE OF 38°29'58" ALONG THE ARC OF SAID CURVE A DISTANCE OF 23.52 FEET; THENCE ALONG SAID LAST MENTIONED PARCEL LINE, NORTH 60~07'46" EAST A DISTANCE OF 13.00 FEET; THENCE SOUTH 0g°32'02· WESTA DISTANCE OF 57.67 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1281.00 FEET; THENCE NORTHWESTERLY, FROM A TANGENT BEARING OF NORTH 26°13'12' WEST, THROUGH A CENTRAL ANGLE OF 1~39'18· ALONG THE ARC OF SAID CURVE A DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING. CONTAINING 720 SQUAR~ FEET, MORE OR LESS. SEE EXHIBIT 'B", ATTACHED. H:~"IAWTHO- I~F-ASEM E- l~_.D,~PM234302.WPD March 9, 1998 (3:35pm) Page I XHIBIT "'B" PORTION OF LOT 115 MAP OF TEMECULA LAND AND WATER COMPANY LOT 2'7 ?iV] 28530- J R=35.00' -'~ ,~..,.,~='38° 29' 58" ~ ~ L=2~. 52' ~ T=I 2.22 ' POB.~ I oo '~, 1o39'18 $~8=37. O0 ' .50' SCALE: 1" = 40' LOT J J5 TEJVJECULA LAND AND WATER cOM?ANY' MB 8/359 SAN D JEGO COUNTY EASEMENT EXHIBIT "A" LEGAL DESCRIPTION AN EASEMENT FOR THE MAINTENANCE OF TRAFFIC SIGNALS OVER LOT 140 PER MAP OF TEMECULA LAND AND WATER AS FILED IN BOOK 8, PAGE 358 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CAEFORNIA, MORE PARTICULARLY' DESCRIBED AS FOLLOWS: r~M_MENCING AT A POINT IN THE "ORTHEA_ST]ERLY PARCEL LINE OF PARCEL 5 OF PARCEL MAP · Z8Sa0-*~ F~LED IN PARCEL ~aAP BOOK ~ PA(~ES__3~THROUG~ ?',~ , ~N THE O~Fi THE COUNTY RECORDER OF RIVERSIDE COUNTY - CE OF , CALIFORNIA, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS N 38°41 ~38' W 68.74~, THENCE, ALONG SAID PARCEL LINF~ SOUTH 38°41~J8· EAST A DISTANCE OF 0.89 FEET TO THE INTERSECTION WITH A CURVE CONCENTRIC WITH AND DISTANT 25.00 FEET SOUTHEASTERLY, ~I_F~?_U..R__ED RADIALLY FROM THE SOUTHEASTERLY LINE OF LOT"A" OF SAJD PARCEL MAP, HAVING RADIUS OF 1908.00 FEET, SAID INTERSECTION REING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY, ALONG SAID CONCENTRIC CURVE AND SAID PARCEL LINE, FROM A TANGENT BEARING OF NORTH 52°35'52" EAST, THROUGH A CENTRAL ANGLE OF 0°18'01' ALONG THE ARC OF SAID CONCENTRIC CURVE A DISTANCE OF 10.00 FEET; THENCE SOUTH 38o41~8- EAST A DISTANCE OF 67.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 303.00 FEET: THENCE, SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 3°17'30" ALONG THE ARC OF SAID CURVE A DISTANCE OF 17.41 FEET; THENCE, RADIAL TO SAID LAST MENTIONED CURVE, SOUTH 54°3E53- WEST A DISTANCE OF 10.00 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 293.00 FEET, SAID LAST MENTIONED CURVE BEING THE NORTHEASTERLY PARCEL ENE OF SAID PARCEL 5; THENCE NORTHWESTERLY, ALONG SAID LAST MENTIONED NON-TANGENT CURVE AND SAID PARCEL LINE, 'FROM A TANGENT BEARING OF NORTH 35o24'07· WEST, THROUGH A CENTRAL ANGLE OF 3°17'30· ALONG THE ARC OF SAID CURVE A DISTANCE OF 18.83 FEET; THENCE NORTH 38"41'J8" WEST A DISTANCE OF 67.85 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 848 SQUARE FEET, MORE OR LESS. SEE EXHIBIT 'B', ATTACHED. H:~'IAWTHO- I~=AS EME- 1~;D~:iSE696.WPD April 16, 19~18 (10:43a111) Page 1 XHIBIT "B '" PORTION OF LOT 140 MAP OF TEMECULA LAND ,~,,~.~" AND WATER COMPANY ~_ / ~-A~~18 01" '1'~O~ /~ O. 00' L~T J 4o ~..-~. 00' TE~E~ULA LAN~ - AND WATER ~~ANY SCALE: 1" = 40' LEGEND R=303.00' ¢,',?' ,1-'" *~, A=3' 17' 30" ,,r- L=17.41 ' ' ' ec~',~- T=8.71 ' ' ' ~ R=293.00' ' ~' A=3' 17'30" L=I 6.83' ..~~,;. T=8.42' 54° 35' 53 "W '~'~ 10.00' .-- ~,% \ ~ ', (RAD) COUNTY ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: ~~.City Manager/City Council oseph Kicak, Director of Public Works\City Engineer August 25, 1998 SUBJECT: Sewer Facilities Agreement with Eastern Municipal Water District for Relocation of Sanitary Sewer for Overland Drive Overcrossing at Interstate Route 15, Project No. PW95-11 PREPARED BY: William G. Hughes, Senior Engineer - Capital Projects Steven W. Beswick, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the Interagency Agreement and Bill of Sale, and authorize the Mayor to execute both documents. Authorize payment to the Eastern Municipal Water District for engineering, inspection and testing fees in the amount of $4,470.00. BACKGROUND: During the design phase of the project, the City received a sewer facilities agreement for the sewer line relocation for Overland Drive Overcrossing at Interstate Route 15, Project No. PW95-11 from Eastern Municipal Water District (EMWD). This sewer facilities agreement sets forth the terms and conditions associated with the relocation of the sewer which is included in the project. Approximately 370 linear feet of existing 15" sewer main located within an existing easement will be removed. The contractor will construct approximately 400 linear feet of new 15" sewer main located northeast of the intersection of Jefferson Avenue and Overland Drive within a new sewer easement. The agreement includes the description of the work to be performed, the City's responsibilities and EMWD's responsibilities during construction. The City's contractor will construct the new line within a new sewer easement acquired by the City. The City will also convey the new sewer line facilities to the District through a Bill of Sale (see Exhibit "J"). The District will inspect the new facility, accept ownership of the line, and provide future maintenance. The agreement has been reviewed and approved as to form by the City Attorney. - l- r:~agdrpt\95\0825\pw95-1 l.swdajp 10. 11. 12. 13. B. Relative to Financial Participation CharGes and Other District CharGes For those portion(s)/unit(s) of the Subject Facilities which have not been completed (as defined below) by Sponsor on or before Januar~ 27, 2000, the amounts of all applicable Financial Participation Charges and other District Charges to be paid by Sponsor shall be subject to adjustment to reflect the then per unit amount applicable at the time the involved portion(s)/unit(s) have been completed, all as determined by District. Sponsor agrees to pay the full adjusted amount of such District Charges prior to District's acceptance of the facilities and provision of service to the involved unit(s). For the purposes of this Agreement, the word completed shall: 1) Relative to the Subject Facilities, mean those water and/or sewer facilities which have been accepted and placed into service by District; and 2) Relative to the units of the Subject Development, mean those units which have been certified for occupancy by the County of Riverside or the involved city (as appropriate). all as determined by District. Co Relative to Deferred Financial Participation Charges and Other District Charges For those portion(s)/unit(s) of the Subject Facilities where Sponsor has "deferred" payment of fees, the amoun~ of all financial participation charges and other District charges shall be subject to the applicable then in effect per unit charge. Such deferred per unit charges shall be paid by Addendum to this Agreement prior to District's acceptance of facilities and provision of service for each fnvolved portion(s)/unit(s). Hold Harmless District and Sponsor each hereby agree to indemnify and hold the other harmless from any and all claims for damage or damages to property or injuries to persons arising by reason of or in any manner connected with the activities provided by the other party and/or its contractor(s). Such indemnification shall include attorneys' fees and court costs. Preparation of This AGreement This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it. Purpose of Captions Captions to Paragraphs are for convenience purposes only and are not part of this Agreement. Bindina Provision This Agreement is binding on the heirs, representatives, successors and assigns of the parties hereto. Page 3 Developer w.oJC.O.# Est'r Initials Implementing Facilities: EASTERN MUNICIPAL WATER DISTRICT COST ESTIMATE OF SEWER FACILITIES CITY OF TEMECULA Proj OVERLAND DR. SEWER RELOC. 95-254 I.DJS.A.# U-8 Dato 07/13/98 CFW Sup'r Initials V/B Typist Initials CFW Yes No X Wo~ Authorization: ~t Plant Notification: Yes X No ~ Sewer Backflow Valves: X ' Offaltg ~ Norm Required Lots: Yes No X Not N__,~_~: X X Sewer line In._~_lin~ion: 387 IF.- 15' DIA- VCP SEWER MAIN B. Installation of Manholes and Cleanouts: 2 EA.- 48" STD. MANHOLE C. Ml~. Installation: 1 EA-- MODIFY EXISTING 48' DIA. MANHOLE; 365 L.F. REMOVE OR ABANDON EXISTING 15" DIA- SEWER MAIN D. T.V. 387 feet of Sewer Line SUBTOTAL 1: Contingencies:(10%) (Subtotal 1) ~AL 2: (Contingencies + Subtotal 1) Enginesring (by Developer's Engineer) EMWD Inspection ( 10 ( 10 %) (Subtotal 2) %) (Subtotal 2) E~tWD Plan Review** As Bnilts 2 sheets x $135/sheet*** TOTAL ESTIMATED COST - SEWER · * Estimated costs to be incurred by EMWD. 2 sheets or less S 1000 3-9 sheets One system, water or sewer $1500 ~ systems, water nnd sewer $2500**** 10 sheets or more One system, ~ater or sewer $2000 Two systems, water and sewer S3000'*** · "($?0/sheet if you have water and sewer in same sheet) '"'(apply half the amount to each system cost estimate) Exhibit "C" $ 19,350 $ 3,200 4,650 · $ 190 · 27,390 2,740 30,130 3,010 3,010 ' 1,000 ' 270 ' 37,420 ao So H. I. J. K. L. M. N. O. P. Q. R. S. T. U. ao B. C. D. E. F. OBLIGATIONS/RESPONSIBILITIES Sponsor's Obligations/ Responsibilities Relative to: Financial Participation Preparation of Construction Plans/Specifications Construction of the Subject Facilities Inspection of Construction Field Engineering Surveys, Compaction and Materials Strength Tests, Disinfection Req. Preconstruction Conference/Project Coord./ Designation of Authorized Representative Construction and Operate/Maintain Permits Easements Grant Deeds Cost Accounting Records Conveyance of Ownership Payments to Cover District's Expenses Environmental Information & Assistance Payment of Other Applicable Charges Improvement District Annexation/Formation Assessment District Requirements Street Addresses Water Pressure Condition Treatment Plant Location Notification Sewer Backflow Device Special Terms and Conditions Pursuant to Paragraph 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 District's Obligations/ Responsibilities Relative to: Financial Participation Plan Review and Approval Construction of Portions of the Facilities Inspection of Construction Determination of Final Total Costs Acceptance, Ownership, and Service Responsibilities Pursuant to Paragraph 1 2 3 4 10 11 Appli- cable IX] IX] IX] IX] IX] IX] IX] IX] [ ] IX] IX] IX] IX] IX] [ ] [ ] IX] [ ] [ ] [ ] [ ] Appli- cable [ ] IX] [ ] IX] IX] IX] Not Appli- cable [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] IX] [ ] [ ] [ ] [ ] [ ] IX] IX] [ ] IX] IX] IX] IX] Not Appli- cable IX] [] IX] [] [] [] Page 1 EXHIBIT D 5o 7o designate those who have authority to represent Sponsor relative to the furnishing and installation of the Subject Facilities and shall in~nediately advise the District of any subsequent changes in such authorized representation. Inspection of Construction District shall be responsible for inspecting the.work to be performed by Sponsor's contractor for compliance with the approved plans and specifications. District's inspection personnel shall have the authority to require that any and all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected by Sponsor's contractor at contractor's expense. Field Engineerina Surveys. ComPaction and Materials Strength Tests. and D~sinfection Requirements Sponsor's engineer shall provide all field engineering surveys associated with the construction of the Subject Facilities and/or related work.to be performed by Sponsor's contractor, as determined necessary by Sponsor's engineer, Sponsor's contractor,'and/or Dlstrict's inspection personnel, at Sponsor!s direct expense. Sponsor shall promptly furnish to District all field notes and grade sheets, together with location, offset, and attendant data and reports, resulting from field engineering surveys and/or proposed facility design changes, all of which have been prepared in accordance with accepted professional engineering practices, and allow District sufficient time to approve or make any required facility design changes resulting therefrom prior to construction. Sponsor shall be responsible for paying all soil compaction, concrete and steel strength tests and report costs associate~ with the Subject Facilities required by Sponsor's engineer, appropriate public agency officials and/or District inspection personnel. Full-time professional soils (compaction) testing and full trench certification are required. Sponsor shall contract with a soils testing firm approved by District. A final report shall be required fully certifying trench compaction prior to acceptance of facilities. Sponsor shall promptly furnish results of all such compaction and concrete and steel strength testing to District for its evaluation as to compliance with the specifications. District shall'make every reasonable effort to complete the evaluation within 72 hours after its receipt. Relative to water facilities, Sponsor's contractor shall be responsible for performing all disinfection procedures required by District and the costs associated therewith. Construction and Operate and Maintain Permits Sponsor shall be responsible for obtaining a Construction Permit from the involved City or County agency for those portions, if any, of the Subject Facilities which are to be constructed within an existing City street and/or County road. At the same time such construction Permit is obtained by Sponsor, the involved City or County agency will issue an Operate and Maintain Permit to District, which will become effective upon the completion of the involved Subject Facilities and District's acceptance thereof. Easements Sponsor shall furnish to District, without cost, duly executed easement document(s) which assure District's unequivocal right to own, operate and maintain the Subject Facilities. Grant Deeds Sponsor shall, for the dollar consideration, if any, set forth in Exhibit C attached to this Agreement, furnish to District a duly executed Grant Deed(s) conveying to District clear unencumbered fee title to the parcel(s) of land identified on the map attached to this Agreement as Exhibit I. Page 3 EXHIBIT D 17. 18. 19. 20. 21. District's assessment districts and there has been a subdivision of the subject property subsequent to said assessment district formation, Sponsor shall pay the assessment at the time of agreement execution or go through an apportionment of assessment district procedures administered by the District personnel. bl Upon completion of the construction of the involved assessment district financed facilities and the determination of the final combined and individual cash assessments, the District shall determine and establish the amount of the portion, if any, of the cash assessment for each parcel within the involved assessment district which is to be credited by District toward partial payment of applicable District front footage and financial participation charges. Street Addresses Concurrently with the execution of this Agreement (or as soon thereafter as possible), Sponsor shall furnish to District a list of approved street addresses for the development to be served by the Subject Facilities. Water Pressures If pressures are expected to be in excess of '80 psi, Sponsor shall install, at his expense, a pressure regulator and/or relief valve. If pressures are expected to be less than 40 psi, Sponsor shall install, at his expense, a booster pump and low pressure switch, to be owned, operated and maintained by the subsequent lot owner. Service will not be provided if available system pressure is determined to be lower than 20 psi. Sponsor agrees to inform subsequent lot owners of high or low water pressure conditions and will hold District harmless from any damages resulting from such condition. A Pressure Agreement executed by the Sponsor/lot owner will be recorded with the County holding District harmless from any damages caused by low or high pressures. Treatment Plant Location Notification In the event any portion of the Subject Development is located within one quarter (1/4) mile of a District treatment plant facility site, Sponsor shall execute a Notice of Condition, recorded with the County, acknowledging the existence and location of the treatment plant and the possibility of nuisance conditions under certain operational and climatic conditions. Such Notice will .run with the real property and shall be binding upon subsequent property owners. Sewer Backflow Device Sewer backflow devices will be required for those lots, if any, specified on the construction drawings. Sponsor will furnish and install, at Sponsor's cost, sewer backflow devices in accordance with District standards and specifications, prior to project or lot release by District. Special Terms. Conditions and/or Requirements Sponsor shall fulfill all the Special Terms, Conditions and Requirements set forth in Exhibit K attached to this Agreement. Page 5 EXHIBIT D B. C. D. ~.. F. H. I. J. K. DOCUMENTS TO BE FURNISHED Document(s): City/County Road Permits Easements Deeds Separate Cost Accounting Records Bill of Sale Petition for Improvement District Annexation/Formation Billing for District's Financial Part. List of Street Addresses Water Pressure Agreement(s) Treatment Plant Location Notification Preliminary Cost Accounting Records Due Date (a) (a) (a) (b) (¢) (¢) Not Appli- Appli- IX] [ ] IX] [ ] IX] [ ] IX] [ ] IX] [ ] [ ] IX] (d) [ ] IX] (c) IX] [ ] (a) [ ] [X] (a) [ ] [X] (a) [X] [ ] (a) (b) (c) (d) Prior to Preconstruction Meeting. Within 90 calendar days after District's acceptance of the Subject Facilities. Upon Sponsor's execution and delivery of this Agreement to District. Within 30 calendar days after District's acceptance of the Subject Facilities. EXHIBIT F PAYMENT TO BE MADE BY SPONSOR (REVISED) Ao Co Do Payment for: Estimated District Engineering & Inspection Expenses Estimated District Material & Construction Expenses Nonreimbursable Frontage Fees: (1) Basic Water (2) Special Water (3) Basic Sewer (4) Special Sewer Financial Participation Charges: (1) (2) (3) (4) (5) Domestic Water System Facilities Fire Storage & Fire Line Capacity Domestic Water System Facilities (Landscape Area) Sewer System & Reclaimed Water Facilities Sewer Treatment Plant Capacity Amount 4,470.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Eo F. G. H. Water for Testing Purposes Meters Source Control Fees Per Lot Processing Fee 0.00 0.00 0.00 0.00 TOTAL LESS PREVIOUS FEES PAID ON AMT. TO BE REMITTED WITH AGREEMENT 4,470.00 0.00 4,470.00 Attachments: G-1 Frontage Memo - Nonreimbursable Frontage Fees G-2 Computation of Financial Participation Charges *FEES DEFERRED UNTIL SERVICE IS REQUESTED Appli- IX] £ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] £ ] [ ] [ ] [ ] [ ] Not Appli- [ ] IX] IX] IX] Ix] IX] IX] Ix] IX] IX] [x] IX] IX] IX] IX] EXHIBIT G BILL OF S~T.W. For a valuable consideration, receipt of which is hereby acknowledged, City of Temecula -Overland Drive Sewerline Relocation (Seller), hereby bargains, conveys, and grants unto the Eastern Municipal Water District (District), a public agency of the State of California, the following described personal property, such conveyance to become effective upon completion of the construction/installation by Seller's Contractor(s) and acceptance by the District of such personal property, which is more specifically described as: The Subject Facilities which are to be furnished and constructed by Sponsor's Contractor(s) as described and provided for in that certain Agreement, by and between Sponsor (Seller in this Bill of Sale) and District, dated , to whic~ this Bill of Sale is attached as Exhibit J. Seller hereby warrants that the above-described personal property is free and clear of any and all encumbrances. In this regard Seller hereby agrees to protect and defend (District's) right to own, operate, maintain and provide services through all the personal property hereby transferred to District's ownership wherein the defense of the District's right to own, operate, maintain and provide services as provided hereinabove results from any person or entity's alleged rights to any of the personal property described hereinabove or for any monetary damages resulting from the nonpayment by Seller of any person or entity having the right to file a lien against said personal property. Seller further agrees to indemnify the District for any and all losses which may be occasioned or suffered by the District as a result of any claims by others as to clear title of the personal property covered hereby. Subscribed and sworn to before me this __ day of 19 Notary Public in and for the State of California Expiration Date By: Dated: SELLER (Signature) (Print Name and Title) EXHIBIT J COMPUTATION OF FINANCIAL PARTICIPATION CHARGES PART 1 - BRIEF DESCRIPTION OF PERTINENT INFORMATION TO ESTABLISH EDU CALCULATION: PART 2 - EQUIVALENT DWELLING UNIT (EDU) CONVERSION: WATER: __ gpd + 440 gpd = EDU SEWER: gpd + 235 gpd = EDU PART 3 - EDU CONVERSION TO FINANCIAL PARTICIPATION CHARGES: WATER RELATED CHARGES 1. Water Back-up Charge: EDU x $ 2. Landscape Plan Check No. gpd x $ , AMAWD in GPD: 3. Fire Flow - 1500 GPM: __ bldg. sq.ft. + 1500 gpm x .30 min. x $0.40 4. Fire Flow Line Capacity Charge: .50 x fire flow charge *FEES FOR SNACK BAR AND C0~JNITY CENTER TOTAL SEWER RELATED C~ARGES 1. Sewer Back-up Charge: EDU x $ 2. Sewer Treatment Plant Capacity Charge: EDU x $ TOTAL $ 0.00 $ 0.00 $ 0.00 S 0.00 0.00 0.00 0.00 0.00 TOTAL Water and Sewer Related Charges S 0.00 PART 4 - PAYMENT OF FINANCIAL PARTICIPATION CHARGES: Payment of said water and sewer financial participation charges will be: [ ] Made by Sponsor upon execution and delivery of this Agreement to District (see Paragraph 9.B. of Agreement); or [ ] Deferred by Sponsor and paid, by Addendum to this Agreement, prior to District's acceptance of facilities and provision of service for each involved portion(s)/unit(s) (see Paragraph 9.C. of Agreement). NOTE: PAID FINANCIAL PARTICIPATION CHARGES SHALL REMAIN APPURTENANT TO THE REAL PROPERTY PARCEL OF LAND TO WHICH IT IS ASSIGNED, REGARDLESS OF CHANGES IN OWNERSHIP, AND WILLNOTBE TRANSFERABLE TO AN~ OTHER PARCEL OF LAND NOR REFUNDED TO ANY PARTY OTHER THAN THE CURRENT OWNER OF THE LAND. ATTACHMENT G-2 ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE.,~"'~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley City Manager April 28, 1998 Resolution in Support of Railroad to Railread Grade Separation at Colton, California Prepared by: Susan W. Jones City Clerk/Director of Support Services RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RAILROAD TO RAILROAD GRADE SEPARATION PROJECT AT COLTON, CALIFORNIA BACKGROUND: The Riverside County Transportation Commission is requesting the support of the City of Temecula in securing state and federal funding for a major railread improvement project, separating the Burlington Northern Santa Fe and Union Pacific railroad's main corridors where they cross at Colton, California. Attached for your review is a letter from Mayor Jack van Haaster, Vice Chairman of the Riverside County Transportation Commission. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 98- Letter from Mayor Jack van Haaster R:\agenda.rpt\RCTC 1 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RAILROAD TO RAILROAD GRADE SEPARATION PROJECT AT COLTON, CALIFORNINA THE CITY COUNCIL Of THE CiTY Of TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the efficient movement of people and goods is essential to the health and economy of the region and the nation; and, WHEREAS, freight railroads play a pivotal role in interstate commerce; and, WHEREAS, the Ports of Los Angeles and Long Beach are the major ports of entry on the Pacific Coast; and, WHEREAS, tremendous growth in railroad operations, particularly intermodal and other through-freight, has resulted in significant community impacts; and, WHEREAS, the demand for rail shipments will continue to grow with the expansion of the Ports, the completion of the Alameda Corridor, and population growth in the region; and, WHEREAS, the main lines of the Burlington Northem Santa Fe and the Union Pacific, the only major railroads operating in Southern California, carry the majodty of rail freight traffic between the Ports of Long Beach and Los Angeles, the rest of the nation, and Mexico on their routes through the Inland Empire; and, WHEREAS, these railroads must cross each other at Colton Junction; and, WHEREAS, Colton Junction has been identified as the major choke point for rail traffic in the region, where an average delay of fourteen minutes per train triggers substantial congestion and blockages along the corridors; and, WHEREAS, diesel emissions caused by multiple locomotives idling along the corridors while waiting to cross Colton Junction further exacerbate the unhealthful air quality in the South Coast Air Basin, the worst non-attainment area in the nation; and, WHEREAS, railroad congestion has resulted in many freight shipments being shifted to diesel trucks on the region's already congested highways; and, WHEREAS, railroad congestion in Southern California has caused expensive delays to local shippers as well as to manufactures and others throughout the country; and, WHEREAS, these same main line freight corridors are utilized for the provision of commuter passenger rail (Metrolink) and intercity passenger rail (Amtrak) service, whose operations are consistently impacted by freight congestion; and, WHEREAS, insufficient operation capacity has delayed the implementation of other passenger rail services, including service between Los Angeles and the Coachella Valley; and, Resos 98- 1 WHEREAS, the federal Transportation Equity Act for the twenty-first Century (TEA-21), identifies the "Alameda Corridor East" and the "Southwest Passage" as eligible corridors for federal infrastructure funding, and further identifies NAFTA-related improvements as a priority for federal funding; and, WHEREAS, Colton Junction is located at the eastern terminus of the Alameda Corridor East and near the western terminus of the Southwest Passage, and most NAFTA rail freight into or through Southern California is carried on the BNSF and UP main lines across Colton Junction; and, WHEREAS, the Southern California Association of Governments (SCAG) has identified these corridors and NAFTA improvements as priorities within its recently adopted Regional Transportation Plan; and, WHEREAS, the State of California through Camtrans is initiating a Project Study Report to further refine the project and identify appropriate resources; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby endorses and supports the efforts of the Riverside County Transportation Commission in securing the necessary federal and state funding to construct a separation of the Burlington Northern Santa Fe and Union Pacific railroads at Colton Junction. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 25th day of August, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC, City Clerk Resos 98- 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 25th day of August, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk Resos 98- 3 RIVERSIDE COUNTY TRANSPORTATION COMMISSION August 12, 1998 Mayor and City Council City of Temecula Honorable Mayor and Council Members: The Riverside County Transportation Commission is seeking your support in securing state and federal funding for a major railroad improvement project, separating the Burlington Northern Santa Fe and Union Pacific railroads' main corridors where they cross at Colton, California. Though physically located in San Bernardino County, impacts caused by the current configuration are shared by communities throughout the Inland Empire and the region. As you are probably aware, railroad freight traffic has increased substantially in the last few years, and, with expansion of Southern California's ocean ports, operational demand will continue to grow. Most mainline rail freight between Southern California, the rest of the U.S., and Mexico passes over Colton Junction. We will continue to see more and longer (up to 8,000 fee0 freight trains passing through the region, further exacerbating the existing congestion, community impacts, and delays to passenger trains. Colton Junction has been identified as the major choke point. Efficient movement of people and goods is essential to the economy of the region and to its environment and quality of life. When one mode experiences congestion delays, travel is shifted to .another. In this case, we have already seen shipments historically moved by rail shifted to trucks on highways. Additional diesel emissions caused by railroad and highway congestion ~rther contribute to the ur..healthful air quality- experienced in this region. The railroads have committed significant investments in stronger locomotives and infrastructure improvements; however, the public sector must participate in a project such as the Colton railroad' separation in order to protect its interests, including reliable passenger access on the privately. owned freight corridors. Preliminary cost estimates for constructing a railroad "fly-over" with connections and advanced signals range between $25 million and $35 million. The recently- adopted federal transportation authorization bill (TEA-21) includes funding categories that may be accessed for this purpose. Meanwhile, the state has directed Caltrans to begin a Project Study Report, further defining the project and the preliminary design work. 3560 University Avenue, Suite 100 · Riverside, California 92501 (909) 787-7141 . FAX (909) 787-7920 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 11, 1998 A regular meeting of the City of Temecula Community Services District was called to order at 7:19 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Stone presiding. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Lindemans, Roberts, and Stone. ABSENT: 1 DIRECTORS: Ford. Also present were Acting General Manager Kicak, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes RECOMMENDATION: 1.1 Approve the minutes of July 14 and July 28, 1998. Reduction of Landsca~3e Bonds - The Preslev Companies (Hiqhwav 79 South between Avenida de Missions and Country Glen Way) RECOMMENDATION: 2.1 Authorize the reduction of the Landscape Improvement Bonds for Tract No. 23267-4 and 23267-5 to a 10% warranty amount of $3,200 - The Presley Companies; 2.2 Authorize the reduction of the Landscape Improvement Bonds for Tract No. 26861 to a 10% warranty amount of $2,863 - The Presley Companies; 2.3 Direct the Secretary/City Clerk to notify the Developer and Surety. Completion and Acceptance of the ADA Improvement Project (Project No. PW97-09 CSD) RECOMMENDATION: 3.1 File the Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 3.2 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. MOTION: Director Lindemans moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Director Roberts and voice vote reflected unanimous approval with the exception of Director Ford who was absent and Director Lindemans abstaining with regard to the approval of the July 28, 1998, minutes. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker presented a brief update on the construction progress of Margarita Community Park and the Winchester Creek Park, noting the anticipated completion date is Spring 1999. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:55 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 25, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: ~Herman D. Parker, DATE: August 25, 1998 Director of Community Services SUBJECT: Departmental Report PREPARED BY: C~ Gall L. Zigler, Administrative Secretary On February 10, 1998, the City Council awarded a contract to Edge Construction for $1.35 million, for the construction of Margarita Community Park. This project is currently under construction and approximately 50% completed. The Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, pedestrian walkways, a roller hockey rink, tennis courts, and ballfield lighting. It is anticipated this project will be completed in the Spring, 1999. On February 10, 1998, the City Council awarded a contract to Terra Cal Construction for $601,000, for the construction of Winchester Creek Park. Construction is moving forward on schedule. The restroom, play structure and picnic shelter are installed. Winchester Creek Park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor basketball court, a sand volleyball court and open turf areas. Staff anticipates this project to be completed in early 1999. On March 17, 1998, the Board of Directors approved a Professional Services Agreement and Scope of Services, in the amount of $55,000, with AMS Planning and Research, for the preparation of a ten (10) year Cultural Arts Master Plan for the City of Temecula. A community wide workshop was held on August 18, 1998. Additionally, focus group meetings were held for Visual Arts, Performing Arts and Historic Preservation on August 18 and August 19, 1998. It is anticipated this project will be completed in approximately nine (9) months. On May 12, 1998, Council awarded a design contract in the amount of $58,000 to LPA, Inc., to cover site selection, programming and site master planning for the Temecula Library. The first meeting of the Library Design Project Committee was held on July 21, 1998 and the second held on August 18, 1998. A tour of other library sites is scheduled for September 10, 1998. ~:'ok~AGEN~AS~O8 Aufust 18, 199~ It is anticipated the phase of the project will take approximately six (6) months to complete. City Council awarded a contract to Dahl, Taylor & Associates for the design of a temperature control system at the Community Recreation Center gymnasium and a construction contract was awarded to 1'~ Mechanical on April 14, 1998. This project is complete and the gymnasium was reopened to the public on August 18, 1998. The Sports Park Sidewalk Project is currently in final plan check. Modifications were made to the landscaping and irrigation plans. Staff anticipates this project will be out to bid in August, 1998. The City of Temecula Community Services Department brought forward to the TCSD Board of Directors a Joint Use Agreement with the Temecula Valley Unified School District for use of the Temecula Valley.High School Tennis Courts. The agreement will be brought forward to the Board of Education for approval on August 18, 1998. The agreement provides for the lighting and maintenance of eight tennis courts at Temecula Valley High School, by the City of Temecula, in exchange for the use of the tennis courts in the City's overall parks and recreation program. This project is currently in the design phase. Phase II of the Temecula Duck Pond project is currently out to bid. The bid closing date is August 27, 1998. Staff will bring forward to the City Council a recommendation to award a construction contract in September, 1998. The City of Temecula Community Services Department is presenting the second annual summer concert series, co-sponsored by Target of Temecula and the Arts Council of Temecula Valley. Concerts were held on Sunday, July 19 and Sunday, August 16, at the CRC Amphitheater. The third concert in the summer concert series, Concert on the Green, will be held on Sunday, September 27, 1998, at the Rancho California Sports Park. R:~t~AGENDAS~i!~9~8 August 18, 1~ REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 11, 1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:21 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Lindemans presiding. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Roberts, Stone, and Lindemans. ABSENT: 1 AGENCY MEMBER: Ford. Alsb present were Acting Executive Director Kicak, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes RECOMMENDATION: 1.1 Approve the minutes of July 14 and July 28, 1998. MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the exceDtion of Agency Member Ford who was absent and Agency Member Lindemarts abstaininc~ with regard to the approval of the July 28, 1998, minutes. At this time, the City Council reconvened. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS 2. TransDortation in Old Town Temecula - Peoole Mover Proclram RECOMMENDATION: 2.1 Consider allocating funds and providing staff direction on the proposed transportation program to assist Old Town during construction. Agency Member Stone advised that he would be abstaining with regard to this issue. Management Analyst Adams presented the staff report (as per agenda material), advising that the use of a horse-drawn carriage with staff for every weekend until November 15, 1998, would require a $12,000 appropriation. Commenting on the loss of business the Old Town merchants have and will continue to experience, Chairman Lindemans spoke in support of a People Mover Program, which should be owned and operated by the City during the construction period as well as after. Finance Director Roberts clarified that a General Fund allocation may be made to the Redevelopment Agency for the transportation program and th~,t the allocation could be paid back to the General Fund once the Redevelopment Agency tax increment is received. Speaking in support of utilizing a trolley in Old Town during the construction period as well after the construction period, Agency Member Comerchero relayed his opposition to utilizing a people mover for Old Town, viewing it as defeating the City's overall accomplishment to walk Old Town. With regard to utilizing the City's golf cart, Agency Member Roberts addressed issues such as it not being street legal as well as liability issues. Mr. Ed Dool spoke in support of utilizing a golf cart transportation for Mondays through Fridays and for utilizing the trolley for Saturdays and Sundays. MOTION: Agency Member Roberts moved to allocate $12,000 from the General Fund for Old Town Transportation which is to be repaid by the Redevelopment Agency to the General Fund once the tax increment is received. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the exception of Agency Member Ford who was absent and Agency Member Stone who abstained. At this time, City Council recessed. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 7:41 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, August 25, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel Lindemans, Chairman ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI~C.E/3 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/Redevelopment Agency Ronald E. Bradley, City Manager ~ August 25, 1998 Old Town People-Mover PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: This item is being presented for discussion at the request of Councilmember Lindemarts. BACKGROUND: At the City Council meeting held on August 11,1998, the issue of moving people through Old Town with an 8-10 passenger golf cart "limousine style" was discussed. This cart was proposed as a form of construction mitigation to enhance pedestrian access to store fronts during construction. In lieu of purchasing such a vehicle, City Council authorized an additional $12,000 to be allocated towards the rental of a horse-drawn carriage, staffed with an Old Town Ambassador for weekend use. Councilmember Lindemarts has requested that the topic of a people-mover be brought back for re-consideration (Attachment A). This weekend the horse-drawn trolley/Old Town Ambassador was accepted with great success from both the merchants and visitors alike. The absence of the City-owned golf cart this weekend was due to the fact it had not been made "street legal" for operation. The purchase of the proposed commercial vehicle, an 8 adult passenger "Resort Villager XL" as depicted in Attachment B, can be made street legal and in compliance with the existing City ordinance. A representative from Carryall, the manufacturer of this Club Car, has encouraged the City to take advantage of a one-week trial period at no cost, to see if this vehicle serves the needs of the City and that of Old Town Temecula. FISCAL IMPACT: The purchase of a people-mover has not been included in the 1998-99 budget, therefore, based on City Council action, a loan would be required from the General Fund Unappropriated Reserve and reimbursed as RDA tax increment becomes available. Attachment C outlines the associated costs of purchasing this vehicle. Attachments j-14-98 08:46A Karel Lindemans 909 676 8893 P.01 To my fellow councilmen and Staff: Re: People Mover. cc: R. Bradley J. Kicak J. Meyer A. Adams A decision was made to have a horse drawn vehicle (with 20 passengers) o:a Saturday's and Sunday's moving people through the town. That is wonderful and a "fun thing!" However, these establishments are open every day, not only on week-ends. I agree that we like to make it a"-~-a]k-~g tov~'-We have'a parking lot on the' south end and one on the north end and hopefully a parking lot or 2 in the middle. However, a "walking town" is a town where people "window shop" and every steo of the way there is a shoo (and a window) this is what makes such a ''walk" interesting and profitable to the merchants (if, what is displayed in the window will entice the "walker" to come in and buy). If you observe the "walkers" vou will note that - even a uarkina lot - between the stores is enough to make them - turn around - and walk no further. If a person parks his/her car on .the South Side (we will have a great parking lot with over 200 spaces) and this person starts to walk he will go no furthey then 4th street where the "main body of shops" will stop. If they can jump on the people mover they will do so and the shops between 4th and 6th will benefit because at every block the people mover will stop! They will continue this "ride" and see our museum and the Mural. Now, the people who park their car on the North End look down the street and see the 900 feet with only 7 shops. The main body of shops is 3 blocks away. (far further then a parking lot!!) they will not w~lk! But they will hop on the people mover and the Main Body of shops will receive them. Cff course as I said before: The People Mover will stop in the middle of each block! Attachment A ^ug-14-98 11:02A Kat'el Lindemans 909 676 8893 ~' p.O~l ~ pasc 2 After we have totally built out old Town ~emecula and the shops are ¢1osc together the people mover can be sold. Please reconsider this denial and take ii from a 66 year old men who has been all over the world and: "have seen more m~ople "moved" then he ceres to admit". - Sincerely yours, .~ After I sent this memo: here are a few more thoughts! From the 6th sweet parking lot a "real trolley" will bring people to Target, Mervin and the Mall and of course bring them back. Money? R.C.T.C./R.T.A./Advertising on the Trolley! There also will be a trolley to bring people to the Indian Gaming Center. There is a third trolley for the wine country. The people who parked at Mervin and the Mall can take the Trolley to Old Town. This is what this is aH about. Temecula is more then just Old Town. Karel. Attachment A RESORT VILLAGER MULTI-PASSENGER LUXURY VEHICLES. For people-moving applications requiring a high degree of com~brt and convenience, Resort Villager is a first-class choice. With a capacity of up to six passengers (eight passengers in our XL model), you'll enjoy the economv and "i I-~~-/L/_~.~ ~ ]1_ [ _~,~__~ efficiency of being able to transport more people in tbwer trips.. ....-"~., i.-,~ .~ ........._. .......................... Resort Villager XL iShown with optional fold down rear seat. I Attachment B TO: City. of Temecula Attm Am-on Admm (909) 694-1989 Golf, Transportation and Utility Vehicles Club Car, Inc. 2220 Railroad Street Corona, California 91720 (909) 735-4675 Fax (909) 735-7358 RESORT VILLAGER GASOLINE PROPOSAL UTILITY VEItICLE ~ STANDARD EQIJIPMENT: Four cycle OHV 361 cc 11 HP engine, oil pressure lubrication system with external full flow filter, TCI electronic ignition with electrome RPM limiter, 12 volt, 325 cold cranking amp battery, 35 amp charging capacity. Automatic ground speed sensing governor, fully s.~chronized forward and reverse transmission, 7 gallon capacity. fuel tank, dash mounted fuel gauge, and oil warning light, reverse warning buzzer. Twin I Beam welded aluminum chassis with ArmorFlex body. Dual rear wheel brakes with east iron drums, serf-adjusting multi-latch parking brake, self-adjusting rack & pinion steering, leaf spring suspension with hvdranlic shock absorbers on all four wheels, double reduction heat treated helical gear drive unit, slip resistant floor mat, molded seamless vinyl seats, vinyl side rub rails, 6 ply DOT power rib tires with bead lock wheels, anti-sway bar. *Two Bench Seats facing forward (optional third seat, facing rear) '1500 lb capacity. or up to six (6) passengers. LIST Resort Villager (Gasoline) CUSTOMER UNIT COST $6,602.00 Accessories Fixed rear scat $368.00 Green Body $120.00 CtLrome Hub Caps $27.00 Canopy Top (White Only) $664.00 V~rmdehicld $92.00 Directional Signals $24.00 Surrey Fringe Top $225.00 Custom Graphics $300.00 Differential Guard Included Hour Meter Included Preparation: $200.00 SubTotal: $8,622.00 $ale~ Tax: Exempt Transportation (GA to CA) Exempt TOTAL PURCHASE PRICE: L $8,622.00 1 Comments: SEAT COLORS: Beige, White, Grey & Black. The quote for the Custom Graphics item is a an approximate price only. We will confirm that cost, once artwork is provided to us to verify exact design. Delivery: (after receipt of order) Terms: Customer: Accepted by: Title: Date: Title: J't~-pl~ilnozz6-Territory l~II~er Date: 7/29/98 Prices quoted are those m effect at the time of quotation and are guaranteed subject to acceptance within 30 days. All credit terms must be approved by CLUB CAlL INC. prior to delivery. Customer to submit requited credit information for credit approval. CLUB CAR · INGERSOLL-RAND Attachment C RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members John Meyer, Housing & Redevelopment Manager August 25, 1998 Monthly Departmental Report Attached for your information is the monthly report as of August 25, 1998 for the Redevelopment Department. This report covers housing, redevelopment and economic development. HOUSING First Time Homebuyers Proczrem · Funding in the amount of $400,000 for FY 97-98 is now available. Residential Improvement Proorams Since the program started, twenty-eight projects have been completed and 29 are in process. The majority of these projects are roof repairs, repainting and fence replacement. Temecula O.N.E. Crime Free Multi-Housing Program certificates have been awarded to Rancho West, Vintage View, Morning Ridge, Summer Breeze, Creekside, Sycamore Terrace, Acacia, Rancho California and Margarita Summit Apartments. North Pujol Redevelopment Pr~ect The Affirmed Housing Group of Escondido is finalizing the financing plan which includes Mortgage Revenue Bonds and Tax Credits. Plans have been submitted for Development Plan approval. The proposed project will rehabilitate the existing 38 apartment units and develop 18 new units on the vacant acre of land. In addition, Affirmed is negotiating with an adjacent property owner to enlarge the project. The additional property would yield 20 more units. OLD TOWN Old Town Street$caoe Improvement Projects Construction began July 1, 1998. This project is scheduled for completion on November 15. Merchant meetings are being held every Tuesday at 2:00 p.m. at City Hall and every other Monday at 6 p.m. at Butterfield Square in Old Town. At the August 11 Council meeting, the City Council authorized staff to hire Ginney Reynolds as the Old Town Ambassador to answer questions and provide assistance to the businesses in Old Town on Fridays, Saturdays and Sundays. Facade Improvement Non-Conforming Sion Proaram The following facade improvement project is underway: Long Branch Antiques (Formerly NAPA Auto Parts) - facade renovation The following facade improvement projects are completed: Temecula Creek Plaza (southwest corner of Sixth and Front) - repair and paint The Bank Restaurant - paint The following facade improvement applications are being processed: Second Street Automotive - complete facade renovation Rancon Building - Repaint Trim Old Town Temecula Market Study Staff has also met with several other interested property and business owners. The market study was presented to the Council on June 16, 1998. Copies are available free of charge at City Hall. Old Town Promotion A Construction Hat Giveaway launched the Old Town Promotion encouraging residents to shop in Old Town. The City purchased thirty-six thousand plastic construction hats and stickers with slogans, "to be distributed to children visiting Old Town. There were three sessions of community volunteers affixing labels. In response to concerns from the Old Town Merchants, an Ad Hoc Old Town Promotion Committee has been formed to assist staff in building a promotional campaign for Old Town during construction of the streetscape improvements. The Billboard located at the West Side of 1-215, North of Santiago (near Dan's Feed and Seed)) is in place. The cold air balloon contract was awarded to local firm Attraction Balloons. Old Town Farmer's Market will continue to operate from 8:00 a.m. to noon every Saturday but may move to the North end of Old Town when the construction moves toward 3~ Street. Old Town Communication Old Town Review - An informative newsletter recapping the previous week's events and updated information on the Streetscape project is distributed to the merchants in Old town on a weekly basis. Also, included in this newsletter are special annual events being planned by the merchants scheduled for September and October. ADVERTISING Local Print Advertising Inland Entertainment Roundup - An ad and editorial was placed in this monthly entertainment publication. Approximately 26,00 copies are distributed throughout Riverside and North San Diego County. The Country Review - An ad and editorial was placed in this local magazine. Approximately 10,000 copies are distributed in Temecula, Murrieta, Lake Elsinore, Menifee and Canyon Lake areas. Valley Business Joumal- Full-page editorial and ad appeared in this local monthly publication at no cost. An ad was placed in The Press-Enterprise, Californian, and Rancho News to announce the plastic construction hat promotion. Public Service Announcements informing the public of road access and street closures in Old Town are being sent each week to the local papers as well as KATY and KFROG radio stations. The announcements will also appear on the City's website. Press releases sent out to the media include: · Construction Hat Giveaway Kicks-Off Old Town Promotion · Free Trolley Service Provided for Old Town Shoppers/Old Town Ambassador (included in press release) · So Long Summer Sale in Old Town Temecula · Have Lunch in Old Town (Chamber of Commerce) · Temecula Valley Chamber of Commerce Supports Old Town (Chamber of Commerce) · Councilman Jeff Comerchero wrote an article on Old Town for the Rancho News Community Voices Column Non-Print Media A 30-second cable ad is currently in production with TCI Media. The Old Town ad is planned to run for three months starting the end of August. An ad placed with National Cinema Network for movie theater advertising at the SoCel Tower Plaza, Temecula and SoCel Celifomie Oaks, Murrieta, will air August 28. Old Town's 8 - 10 second color message will appear every 4½ minutes during all ½ hour intermissions. The movie theater ad will run for three months and will encourage people to visit and shop in Old Town. Free construction hat offer is also mentioned. Print Advertising - Outside the Area: Advertising in three major antique publications include: Antiques & Collectables, West Coast Peddler and The Collector. Antiques & Collectables came out and met with the committee encouraging them to help themselves by holding free appraisals or other types of activities in their stores to bring shoppers in. The Collector magazine spent a day in Old Town meeting with Councilman Jeff Comerchero, City Staff and Merchants. The publication will feature Temecula in their next publication. 01d San Diego Gazette - Monthly tourism publication heavily distributed throughout San Diego County. A ½ page ad was placed along with editorial. The publication will also feature The Temecula Valley Film Festival. A half-page black & white ad for Old Town will be placed in the Arts Council Design House '98 Program. This target audience is ideal for Old Town merchants to pursue. Qther Flyers and posters are being distributed throughout the community in markets, shops, Chamber of Commerce and in Old Town. Posters are displayed as well throughout the city. Visit Historic Old Town message appears on the auto marquee sign. Special promotions are in the planning stage. ECONOMIC DEVELOPMENT Temecula's Corporate Brochure is completed. Brochures will be distributed at trade shows and to prospective businesses looking to expand or relocate. The Corporate Personnel Relocation Assistance marketing insert is completed. Through the City's Housing Assistance Program, selected businesses who relocate or expand in Temecula may take advantage of financial assistance programs which provide eligible employees with deferred payment loans to assist in purchasing homes or rental assistance payments. The insert will be included with the new corporate brochure in Temecula's business kit. PubliciW Temecula will be featured in Outlook Magazine in their special California issue. Temecula will also be placing an ad. Staff has been working this month on Temecula's editorial for the publication. The publication has a wide distribution including site selectors, CEO's, investors, and trade shows. Outlook sends inquiries responding to our ad and the City follows up with them. Leads and Inouiries In the month of June, we responded to 4 leads and 11 inquiries. In the month of July, we responded to 5 leads and 1 inquiry. Fast Track Temecula Creek Inn is currently working on a 20,856 expansion which will include approximately 25 additional rooms. Appleton Bectronics located in the Westside Business Center and will be utilizing the City's Fast Track Program. The Bostik building will consist of 140,000 sq. ft.; Phase I - 45,625 sq.ft.; Phase II - 94,375 sq. ft. They are planning to open July 1998. Four-Sher's 226,000 sq. ft. industrial office building is currently under construction. Completion date is slated for early summer '98. Expansion & Rolocation Creative Components, now located on Business Park Drive is expanding to an existing 16,656 sq. ft. speculative building on Winchester Road. Seeculatlve Buildin, Approximately 300,000 sq. ft. of speculative industrial space are in various stages of development in Temecula. Four-Shat Development is developing two speculative buildings which are planned to serve either manufacturing, distribution or assembly business users. One development includes a 38,300 sq. ft. industrial building and the second encompasses 28,700 sq. ft. both located on Business Park Drive within the Rancho California Business Park. Utilizing the City's Fast Track program, SPT Holdings currently has two 46,000 sq. ft. specula~ve buildings under construction in the Winchester Highlands Business Park. The developments are designed for an industrial/warehouse or office user. San Diego-based CW Assets have currently constructed five light industrial buildings using the Fast Track program. The buildings range in size from 9,490 sq. ft. up to 11,492 sq. ft. and are located in the Winchester Business Center. TOURISM City staff is currently participating on the Tourism Summit Task Force sponsored by the Chamber of Commerce. The task force is designed to develop a tour package for Temecula in cooperation with hotels, golf courses, wineries, and transportation companies made available to tour operators at one price. There have been several meetings with the next meeting scheduled for Friday, August 21. Monthly calendar of events and Old Town special events press releases continue to go out to the media. Attachments: Temecula Valley Chamber of Commerce Report Temecula Valley Economic Development Corporation Report 27450 Ynez Road, Suite 104 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 August 7, 1998 Ronald E. Bradley, City Manager City of Temecula 43200 Business Park Drive Temeeula CA 92590 Dear Ron: Attached please find the Monthly Activity Report provided as per our contract with the City of Temecula. This is the month of July at a glance: Business Inquiry Highlights · 8 businesses requestexl infonnation on sta~ing or relocating their business in Temecula. Committee Highlights · Membership Committee's Chamber Ambassadors attended 12 ribbon cuttings. The Tourism Committee is aggressively working to provide group packages that will be promoted to tour operators. A separate task force has been formed and is meeting on a regular basis. · Local Business Promotions Committee will be taking sign-ups for the Holiday Shop Temecula First Campaign to take place during the month of November, 1998. · The Education Committee expects to present the updated Education Brochure in September, 1998. The brochure is an additional marketing piece used for families relocating to Temecula. The brochure compliments all other marketing brochures by staying consistent and using the city's marketing design. · The Government Action Committee is considering doing an Electronic Town Hall. This will allow face to face long distance conversations with legislators from Washington, local legislators and interested businesses. Tourism Highlights (Bulk brochure distribution) · 550 Winery Brochures to the American Textiles Association who will be attending a retreat at the Pala Mesa Resort. 360 Visitor's Guides to Anderson Publishing for distribution to Old Town Merchants and 240 Visitor's Guides to area hotels. · 120 Visitor's Guides and 80 Old Town Maps to TVCC Weekend Visitor Center in Old Town. · 120 Visitor's Guides and 80 Old Town Maps to One Song for distribution to visitors in Old Town Temecula. · 75 Temeeula Brochures to PRA Destination Management for distribution to clients. · 50 Winery Brochures to Pauma Valley Country Club to be used for membership packets. · 35 Travel Packets, 35 Old Town Maps, 35 Visitor's Guides and 35 Winery Brochures to the Temecula Valley Car Club for a car rally in Temecula. · I Temeeula CD ROM to Bryan Portillo for the Visit USA Travel Fair '98 held in Tokyo, Japan. · Staff member is attending Old Town Marketing Meeting on a weekly basis and Chamber is assisting with marketing construction hats. Activity Report · Overall mailing are up 36.9 percent from last year. · Overall walk-ins are up 45.29 percent from last year. Also attached are the Meeting Minutes for the Local Business Promotions, Tourism, Education and Governmental Action Committees. If you have any question regarding this information, please conmet me at the Chamber. Mayor Ronald H. Roberts Mayor Pro Tern Steven J. Ford Councilman Jeff Comerchero Councilman Karel F. Lindemans Councilman Jeffery E. Stone Ron Bradley, City Manager Marilyn Whisenand, Redevelopment Consultant Gloria Wolnick, Marketing Coordinator TVCC Board of Directors PHONE CALLS TOURISM TOURISM REFERRALS Calendar of Events Special Events General Information TOTAL TOURISM CALLS RELOCATION DEMOGRAPHICS CHAMBER CHAMBER REFERRALS MISCELLANEOUS TOTAL PHONE CALLS WALK-INS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS MAILINGS TOURISM RELOCATION DEMOGRAPHICS TOTAL MAILINGS TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTIVITY REPORT For July, 1998 Chamber Vis. Center This Month This Month Total Year-To-Date 296 61 182 829 1,368 2818 637 3019 6,827 12,427 141 35 1,389 5,019 79 8,031 1180 428 10,267 44,076 674 43,492 9O 81 54 4O6 152 48 745 51 1,627 66 6 96 11 179 1,734 671 455 4,109 1068 499 5,968 414 14,740 220 155 111 486 1445 887 760 2,606 GRAND TOTALS PHONE CALLS WALK-INS MAILINGS THIS MONTH 8,031 1,806 486 YEAR-TO-DATE 69,052 16,315 3385 ANNUAL VOLUME COMPARISONS Chamber July, 1997 Chamber July, 1998 PHONE CALLS TOURISM Tourism Referrals 575 296 Calendar of Events 296 61 Special Events 298 182 * General Information 355 829 TOTAL TOURISM CALLS 1,524 1,368 RELOCATION 334 141 DEMOGRAPHICS 248 35 CHAMBER 1,822 1,389 CHAMBER REFERRALS 6,956 5,019 MISCELLANEOUS 249 79 TOTAL PHONE CALLS 11,133 8,031 Percentage Increase -48.52 -79.39 -38,93 133.52 -10.24 -57.78 -85.89 -23.77 -27.85 -68.27 -27.86 * Categories adjusted in 1998 to more accurately track volume. MAILINGS TOURISM 185 220 18.92 RELOCATION 78 155 98.72 DEMOGRAPHICS 92 111 20.65 · TOTAL MAILINGS 355 486 36.90 WALK-INS TOURISM 194 90 -53.61 * CALENDAR OF EVENTS N/A 81 N/A * SPECIAL EVENTS N/A 54 N/A * GENERAL INFORMATION N/A 406 N/A RELOCATION 219 152 -30.59 * DEMOGRAPHICS N/A 48 N/A CHAMBER 830 745 -10.24 * MISCELLANEOUS N/A 51 N/A VISITOR CENTER WALK-INS N/A 179 N/A TOTAL WALK-INS 1,243 1,806 45.29 Economic l~eveloPme.' nt orporat~on Temecukt l/alley August 17, 1998 Temecula Redevelopment Agency City of Temecula P.O. Box 9033 Temecula, CA 92590 RE: Agency/TVEDC Contract - Activity Summary The following highlights the activities of the TVEDC during the month of July: Business Development During July, TVEDC received four requests for proposals from the California Trade and Commerce office. We were unable to submit a response for any of the leads. Two of the requests required rail access and two required enterprise or empowerment zones. Responses to eleven inquires for various business enterprises were mailed during the month. Two packages were extensive requiring research for labor statistics and weather/seismic information. Introductions were made to two health care professionals for investors wanting to develop an open MRI center in the area. Information regarding the existing hotel/motel industry was provided to local newspapers. Staff continues to work on the feasibility study for the incubator project. Marketinn Outreach TVEDC along with several other economic development organizations in the Inland Empire are hosting the first annual Air Quality Summit to be held on August 21, 1998. Staff has participated in several organizational meetings for the summit during the month. Staff attended the quarterly economic development workshop presented by third district supervisor Jim Venable. TVEDC staff attended a site tour for the possible location of the SW Riverside County Workforce Development and One-Stop career Center on July 16, 1998. TVEDC was invited to attend the presentation by Dr. Michael Bazdarich, Director of UCR's Inland Empire Economic Data Bank and Forecasting Center, of the Center's economic model for the Inland Empire. Post Office Box 1388 · Temecula, CA 92593-1388 · Office 909/695-5130 · FAX 909/695-5126 Temecula Redevelopment Agency August 17, 1998 Page Two Business Relations Staff assisted the Business Relations committee in redesigning the tri-part folder which presents the merits of being a member of TVEDC. A new program was presented to the Business Relations committee by Chairman, Randy Williams. The new program will assist the committee members in their efforts to survey the businesses already in the community and will also increase the probability of helping businesses to stay in the community by using a red team approach to problems detected during the visitation process. Staff spent considerable time helping prepare the collateral materials for the new program. Administration/Or.qanization Staff revised and resubmitted the annual budget and work plan for the proposed sub-regional organization. This concludes the written summary of activity for the month of July. if there are questions concerning this report, Very/tr ~ours~ Jn~td i Staats erim Executive Director Please call WINCHESTER HILLS FINANCING AUTHORITY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY AUGUST 11, 1998 A regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 7:41 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Comerchero presiding. PRESENT: 4 AUTHORITY MEMBERS: ABSENT: Lindemans, Roberts, Stone, and Comerchero. 1 AUTHORITY MEMBER: Ford. Also present were Acting Executive Director Kicak, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of July 28, 1998. MOTION: Authority Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Roberts and voice vote reflected unanimous approval with the exception of Authority Member Ford who was absent and Authority Member Lindemarts who abstained. EXECUTIVE DIRECTOR'S REPORT No comments. AUTHORITY MEMBERS' REPORT No comments. ADJOURNMENT At 7:41 P.M., the Temecula Winchester Hills Financing Authority meeting was formally adjourned to Tuesday, August 25, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman A'I-rEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] ITEM 14 APPROVAl~A~, ~'"' CITY ATTORNEY DIRECTOR OF FINAN,~E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony Elmo, Chief Building Official August 25, 1998 Abatement of Hazardous Vegetation from Vacant Lots or Parcels Per Ordinance 91-18, Chapter 6.16 RECOMMENDATION: It is recommended that the City Council: 1. Hold a Public Hearing and receive testimony for or against the confirmation of special assessments against vacant parcels of land within the City for hazardous vegetation abatement. 2. Adopt a resolution entitled: RESOLUTION NO. 98-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION. DISCUSSION: During the period of June 13, 1997, through June 30, 1998, the posting of thirty (30) day Notices to Abate were sent to legal owners of record of vacant properties that had been determined to contain potentially hazardous vegetation. Information regarding the appealing of these notices was provided on the Notice to Abate. During the period of July 13, 1997, through July 30, 1998, reinspection of the posted properties was made to identify those properties still containing hazardous vegetation. On July 13, 1998, Fire Prevention Services along with the Citys Weed Abatement Contractors, were directed to begin clearing those vacant properties found to be still containing hazardous vegetation. During Fiscal Year 97-98, a letter of demand for payment was sent to the respective property owners where hazardous vegetation was abated by City contractors. Attached, marked as Exhibit A, is a listing of the properties, that have been abated by the City's contractors, with the amount of the proposed assessment to be recorded against the parcel. The costs listed include an administrative fee of $150.00. All initial inspections and noticing was performed by Fire Prevention Services. FISCAL IMPACT: The fiscal impact to the City will be the cost incurred for the recording of any Special Assessment against parcels for forced abatement. There are currently adequate funds in Account No. 001-162-999-5440, Weed Abatement, for this purpose. No further funds will need to be appropriated for this program. RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION. WHEREAS, following a public hearing held on April 23, 1991, this City Council of the City of Temecula adopted Ordinance No. 91-18 which became effective on June 28, 1991 and which provides for expedited abatement of hazardous vegetation from vacant lots and parcels, and; WHEREAS, said abatement of hazardous vegetation has been completed on each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each such parcel; and WHEREAS, following a public hearing this Council has heard all objections of property owners liable to be assessed for the costs of abatement; now, therefore, BE IT RESOLVED by the City Council of the City of Temecula, State of California, in regular session assembled on August 25, 1998, that the list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby confirmed and that said costs shall constitute special assessments against the respective parcels of land, and are a lien on said land in the amount of the respective parcels of land, and are a lien on said land in the amount of the respective assessments. BE IT FURTHER RESOLVED that such liens shall attach upon recordation in the Office of the County Recorder of the County of Riverside of a certified copy of this Resolution, and that the City Clerk is hereby directed to make such recordation. BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted to the Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided by Government Code 39577. PASSED, APPROVED AND ADOPTED this 25th day of August, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC, City Clerk EXHIBIT "A" PARCEL # 909-152-005-0 909-200-001-0 919-043-003-1 919-051-004-7 919-152-005-0 919-161-002-5 919-210-006-0 919-440-006-1 921-020-067-5 921-111-002-7 921-211-001-5 921-330-024 921-730-004 921-730-005-3 921-730-006-4 921-730-007-5 921-730-008-6 921-730-009-7 921-730-010-7 921-730-010-8 921-730-012-9 921-730-013-0 921-730-014-1 921-730-015-2 922-062-17-7 922-110-018-6 922-110-019-7 922-170-009-4 922-210-042-6 922-210-047-1 940-310-044-9 940-320-002-2 940-320-003-3 940-320-004-4 940-320-005-5 944-161-019-5 945-020-001-9 945 -020-002-0 945-110-013-8 945-120-007-4 945-130-010-7 945-140-010-8 945-150-009-9 945-150-010-9 945-150-011-0 OWNERS NAME Demarco Anthony/Pamela; Huanggalen trust Temecula One Properties LLC Lee Shio Chao Finnell, Helen Williams, Beverly Trustee, Roger Wang, Ungjin Schriever, Mary, Tobin Daniel Ashby, Jamison J, Donna Cavadias, Stephen Soukar, Mostafa Fiacco, Charles Chang Ik Hoon North Plaza Lic Pujol Joint Venture % Taylor Weilert Jan E., Deborah Yi Hyo J. Tomond Prop Margarita Canyon LLC Firestone, John Rancho Cal Homeowenrs Comm. Assoc Pritchard Robert M Augustine, John, Denise Rios, Jorge Simonelli, Sal Mathieu, Normand Vierra, Leonard Watson, William Johnson William, Patricia Barr Edward c/o Irwin Weinhaus ASSESSMENT AMOUNT 727.50 1,159.94 660.60 787.64 1,231.46 619.20 1,453.24 1,042.98 2,710.26 734.00 1,193.60 2,780.58 905.40 1,214.60 1,038.50 525.00 525.00 985.80 926.84 882.60 773.16 525.00 906.68 540.00 570.80 660.60 1,761.82 1,459.60 703.20 3 671.04 1 239.38 6 557.70 1 721.94 1 229.42 1 215.28 1 160.56 1 032.36 1 272.98 966.00 1,629.14 470.00 1,738.54 2,099.54 1,200.24 1,800.74 945-160-006-7 950-070-007-8 950-100-012-4 950-100-013-5 950-100-014-6 950-100-015-7 950-110-020-2 Gurainick, Wayne Pacitto, Peter REO Department LLC Ranel Development 1,586.28 1,386.80 921.50 1,096.16 677.48 683.62 1,453.88 TOTAL 66,816.28 ITEM 15 TO: FROM: DATE: SUBJECT: APPRO'~~ CITY ATTORNEY DIRECTOR OF FINA~ ~,~ "~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Directo~ :'> August 25, 1998 Planning Application No. PA97-0349 - Amendment to Sections of the City's Development Code Pertaining to On-Site Storage of Vehicles (Including Recreational Vehicles) in Residential Zones PREPARED BY: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. Adopt the Negative Declaration for Planning Application No. PA97-0349; and 2. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING PORTIONS OF SECTION 17.24.020.D OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES Authorize a six-month grace period for compliance with the new ordinance and direct staff not to enforce the provisions of the new ordinance until March 8, 1999. BACKGROUND: At their September 23, 1997 meeting, the Council directed staff to amend the Development Code to delete Section 17.24.020(D)(1)(f) pertaining primarily to recreational vehicles. The Council's discussion focused on the appropriateness and need for the City to enforce a regulation that is generally incorporated into Home Owner's Association CC&R's. In the end, the Council decided that the City should not assume any responsibility for enforcement of Home Owner's Association CC&R's. R:\STAFFRPT~349PA97,CC1 8/19/98 mf 1 Since deletion of this Section of the Development Code would require an Ordinance Amendment, this item was placed on the November 3, 1997 Planning Commission agenda for Commission action. However, upon further consideration, the Council directed staff to conduct additional research on this matter. At the November 3, 1997 Planning Commission meeting, staff requested this item be continued to the December 1, 1997 Planning Commission hearing to allow staff to begin research on this matter. Staff then requested this issue be continued off calendar at the December 1, 1997 meeting until the research was conducted. Staff placed this item on the Commission Business section of the February 2, 1998 Planning Commission agenda and requested that the Commission provide direction to staff regarding three potential options for recreational vehicle storage in residential zones. After reviewing the options and receiving public testimony from seventeen residents, the Commission unanimously (4-0, with Commissioner Soltysiak absent) recommended to the City Council that the existing Development Code provisions remain in effect and be enforced with the existing penalties. They also recommended that additional staff resources required for effective enforcement be considered by the Council. Of the seventeen residents who spoke at the Commission hearing, sixteen were in favor of enforcing the existing provisions of the Development Code. This item was tentatively scheduled for the March 17, 1998 City Council meeting; however, staff was directed to remove this item from that meeting's agenda re-schedule it for the upcoming joint City Council/Planning Commission Workshop. At the joint City Council/Planning Commission Workshop held on April 21, 1998, the Planning Commission was directed to consider the information and direction provided to them and provide a recommendation to the City Council regarding an Ordinance regulating the on-site storage of vehicles in residential zones. Staff reviewed the comments and suggestions from that meeting and provided issues and options for the Commission at their meeting of May 6, 1998. The Commission reviewed the issues which were accompanied by potential options and received testimony from sixteen (16) residents at that meeting. The Commission continued this item to their June 3, 1998 hearing and directed staff to bring back a draft Ordinance. The Commission's reviewed the draft ordinance and continued the item to their July 1, 1998 meeting. The Commission recommended approval of the draft ordinance at the July 1, 1998 meeting by a 5-0 vote. There were two new Commissioners at this meeting and they were provided all Staff Reports and Minutes regarding this item. SPECIFIC ACTION: The Commission is recommending that the City Council adopt the revisions to Section 17.24.040 of the City's Development Code. In summary, the Commission recommendations are as follows: · Vehicles (as defined in the Ordinance) may be temporarily parked in the front yard for a period not to exceed two (2) days. · No vehicles may be permanently parked in the front yard. · Vehicles may be permanently parked or stored on the side or rear yard, provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. · A maximum of 2 vehicles may be parked or stored on the side or rear yard of a parcel of land at any one time. R:\STAFFRPT~349PA97.CC1 8/19/98 mf 2 · All parking areas within public view from the street, public right-of-way or adjacent properties shall be paved with an impermeable hardened surface capable of supporting the weight of the vehicle. · A six-month grace period from enforcement shall be granted from the adoption of the ordinance. · Add a definition of "Actual Front Yard" to Section 17.34 (Definitions) of the Development Code. This definition will clarify the area in the front of the house, between the street and the house, where permanent vehicle parking/storage is prohibited. Section 17.24.020.D.1 through 17.24.020.D.6 of the Development Code as amended is provided in Attachment No. 3. Adding Definition of Actual Yard to Section 17.34 (Definitions) of the Development Code Section 17.34. of the Development Code is amended to include the following definitions: · Yard, Actual Front: The space extending across the full width of the front of the lot, the depth of which is the minimum horizontal distance between the front lot line or street right-of-way line and the primary structure on the lot. · Yard, Actual Rear: The space extending across the full width of the rear of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the primary structure on the lot. · Yard, Actual Side: The space between the setback line of the main building and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the main building nearest the line from which the measurement is taken. Additional Staff Resources The Commission also requested that the City Council fully enforced the Development Code and that the necessary staff resources be provided to effectively enforce the Code. This would likely require additional staff resources. According to Code Enforcement staff, complaint driven enforcement of this item required approximately 30-40% of their time. In order to effectively enforce these regulations, one-half of a Code Enforcement staff person would be required at the current time. The cost to the City (in 1998 dollars) would be $27,259.00 annually. This figure would likely be higher in future years. It should be noted that, if an additional staff member is not added, other areas of code enforcement will be impacted. In addition, with the current residential growth in Temecula, at approximately 800 new homes per year, the limited staff resources would be stretched even thinner. Correspondence Received Staff received many letters and phone calls regarding this item. Views ranged from strict enforcement of the Code to relaxing the Development Code provisions. Letters received prior to the Commission headngs have been included in the July 1, 1998 Planing Commission Staff Report (see Attachment No. 3). Those letters which have been received prior to the August 25, 1998 City Council meeting have been include as Attachment No. 5. R:\STAFFRPT',349PA97.CCI 8/19/98 mf 3 FISCAL IMPACT: Should City Council decide to hire a half-time Code Enforcement Officer as recommended by the Planning Commission, an appropriation of $27,259.00 would be required. Attachments: 2. 3. 4. 5. 6. Ordinance No. 98- - Page 5 Section 17.24.020. D. 1 through 17.24.020. D.6 of the Development Code - Page 11 Initial Environmental Study - Page 17 Planning Commission Staff Report (July 1, 1998) - Page 26 Planning Commission Minutes (July 1, 1998) - Page 27 Correspondence - Page 28 R:\STAFFRPT'G49PA97.CC1 8/19/98 mf 4 ATTACHMENT NO. 1 ORDINANCE NO. 98- R:\STAFFRPT~349PA97.CCI 8/19/98 mf 5 ATTACHMENT NO. I ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING PORTIONS OF SECTION 17.24.020.D OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. That 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 plan as may be in effect in any such city; B. That there is a need to amend the Development Code to protect the public health, safety and welfare; and o~inances. That this Ordinance complies with all applicable requirements of State law and local Section 2. Section 17.24.020.D.1 through 17.24.020.D.6 of the Development Code is amended to read as follows: D. Location of Parking and Loading Facilities. 1. Parking-Residential Uses. The parking of vehicles in all residential districts shall be subject to the provisions listed below. Vehicles, as used in this subsection A shall include, but not be limited to, commercial vehicles, recreational vehicles, including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non- motorized vehicles, regardless of length or width that are detached from a motor vehicle, automobiles, motorcycles, mopeds and any similar item. Parking shall be defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as described below (d). Storage shall be defined to mean to place or leave in a location for later use. a. The design guidelines and regulations for parking areas shall conform to the provisions herein of the development code. R:\STAFFRPT~349PA97.CC1 8/19/98 mf 6 b. Vehicle parking shall be within the enclosed garage, carport or other required or authorized off-street paved parking area. c. All parking areas within public view from the street, public right-of-way or adjacent properties shall be paved with an impermeable hardened surface capable of supporting the weight of the vehicle. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration. d. Except as provided for in Section F below, commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle may be parked or stored in the side or rear yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. e. Vehicles parking within side and rear yard areas shall be limited to five percent of the total lot area or five hundred square feet, whichever is greater. f. Except as provided Herein, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle temporarily parked within public view within the Actual Front Yard, unscreened corner side yard or unscreened side yard abutting a street may be parked or left standing for periods of time not to exceed two (2) consecutive days for loading and unloading the vehicle. No vehicle parking or storage shall be allowed in the Actual Front Yard. g. No commercial vehicles which exceeds a gross weight of one and one-half tons, a width of eighty inches, a height of seven feet or a length of twenty-five feet; shall be parked on any portion of a residential lot unless: It is actively involved in making pickups and deliveries; ii. It is in connection with, and in aid to, the performance of a service to, or on, the property where the vehicle is parked, while actively involved in such activity; or iii. It is in conformance with the conditions of approval for a valid home occupation permit as provided in Section 17.04.030 of the Development Code. Guest Parking Spaces. Required guest parking spaces in residential areas shall be designated as such with signage and restricted to the use by guests. Violation of any provision of this subsection shall be punishable as an infraction. j. In addition to the residential parking requirements, one off-street parking space shall be provided for each guest room of a bed and breakfast. Tandem parking shall be R:\STAFFRPT~349PA97.CC1 8/19/98 mr 7 permitted. Guest parking shall not be permitted in required setback areas. k. A maximum of 2 commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle may be parked or stored on the side or rear yard of a parcel of land at any one time. 2. Recreational Vehicle Storage Yard. Only the parking and storage of recreational vehicles in proximity to residential users shall be permitted on lots of .5 acres or more unless part of a master planned development, subject to approval of a conditional use permit. a. All storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping or building mass. b. Retail or wholesale activity, commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are not permitted. 3. Vehicles and Equipment Repair and Storage of Vehicles and Equipment under Repair. The following provisions shall apply to any commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle, in all residential districts, and to all sites in any other district used for residential occupancy: a. Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. b. Storing, placing or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall or equivalent screening. c. Notwithstanding the provisions of subsections (D)(3)(a) and (b) of this section, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot, may be conducted for an aggregate period of up to twenty-four hours in any continuous period of forty-eight hours exclusive of the screening requirements. d. For the purpose of this section, reference to types of conveyances shall have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. located: Parking - Nonresidential Uses. Required parking for nonresidential uses shall be R:~STAFFRPT\349PA97.CC1 8/19/98 mf 8 a. On the same lot or parcel of land as the use which the facilities serve; or b. On an adjoining lot or parcel of land under the same ownership as the lot supporting the use the parking facilities serve; or c. On a lot or parcel of land separated only by an alley (twenty feet wide or less) from the lot or parcel supporting the use the parking facilities serve, provided: The lots or parcels are under the same ownership, and ii. The lots or parcels would be contiguous if not separated by the alley, and iii. The direct vehicular and pedestrian passage between the lots or parcels would be possible if the alley were vacated, and iv. it is intended to serve. The parking is located not more than three hundred feet from the use Parking attendant structures shall be limited to thirty square feet in floor area. e. On a nonadjacent lot on the same block as the lot supporting the use the parking facilities serve; provided, that the nonadjacent lot is under the same ownership. Same ownership includes property that is subject to a binding recorded lease for not less than ten years from commencement of use. The parking spaces leased must not be required for, or available to, any other property and be within a maximum of three hundred feet from the property requiring the parking. 6. Loading All Uses. Required loading facilities shall be located on the same lot or parcel of land as the use served. Section 3. Section 17.34.10 of the Development Code is amended to include the following definitions: "Yard, Actual Front: The space extending across the full width of the front of the lot, the depth of which is the minimum horizontal distance between the front lot line or street right- of-way line and the primary structure on the lot." "Yard, Actual Rear: The space extending across the full width of the rear of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the pdmary structure on the lot." "Yard, Actual Side: The space between the setback line of the main building and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the main building nearest the line from which the measurement is taken." Section 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the R:~STAFFRPTX349PA97.CC1 8/19/98 nff 9 validity of the remaining parts of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect six (6) months after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED this ~ day of ,199__. ATTEST: Ron Roberts, Mayor Susan W. Jones, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF 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. 9 - was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of ,199__, 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 __ day of , by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Susan W. Jones, City Clerk R:\STAFFRFr~349PA97.CCI 8/19/98 mf 10 ATTACHMENT NO. 2 SECTION 17.24.020.D.1 THROUGH 17.24.020.D.6 OF THE DEVELOPMENT CODE AMENDMENTS R:\STAFFRPT\349PA97.CCI 8/19/98 mf 1 1 Section 17.24.020. D. 1 through 17.74.020. D.6 of the Development Code Amendments Section 17.24.020.D.1 through 17.24.020.D.6 of the Development Code as amended is provided below. Commission changes have been indicated as a strike out text for deletions and italicized text for additions. D. Location of Parking and Loading Facilities. Parking - Residential Uses. The parking of vehicles in all residential districts shall be subject to the following provisions listed below. Vehicles, as used in th!s subsection D1 shall include, but not be limited to, commercial vehicles, recreational vehicles, as including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, houso cars, campers, camper shells, boats or other large portable recreational and commercial equipment, and other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle, automobiles, motorcycles, mopeds and any similar item. Parking shall be defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as described below (d). Storage shall be defined to mean to place or leave in a location for later use. The design guidelines and regulations for parking areas shall conform to the provisions herein of the development code. b. Vehicle parking shall be within the enclosed garage, carport or other required or authorized off-street paved parking area. All parking areas within public view from the street, public right-of-way or adjacent properties shall bo pavod with a pormanont paving matodal be paved with an impermeable hardened surface capable of supporting the weight of the vehicle. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration. Except as provided for in Section F below, commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper she/Is, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle Vohiclos may be parked or stored only in the side or rear yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. Parking shall bo dofinod as tho standing of a vohiclo, woathor occupiod or not, othorwiso than tomporarily for tho purposo of and whilo actually ongagod in loading or unloading morchandiso or passongors. Storago shall bo dofinod to moan to placo or Ioavo in a location for lator uso. e= Vehicles parking within side and rear yard areas shall be limited to five percent of the total lot area or five hundred square feet, whichever is greater. 12 Except as provided iR herein, vohiclos recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle temporarily parked within public view in roquirod or authorizod parking aroas within the Actual Front Yard, unscreened corner side yard or unscreened side yard abutting a street sh3!! may be parked or left standing for tomporary periods of time not to exceed five two (2) consecutive days for loading and unloading the vehicle. No pormanont vehicle parking or storage shall be allowed in the Actual Front Yard. Vehiclos, as usod in this sor.,tion shall includo, but not bo limitod to, commorcial vohic, los, automobilos, trucks, trailors, motor trucks, somi- trailors, motorcyclos, mopods, campors, campor sholls, boats or othor largo portablo rocroational and commorcial oquipment. No commercial vehicles which exceeds a gross weight of one and one-half tons, or oxcoods a width of eighty inches, or oxcoods a height of seven feet or oxcoods a length of twenty-five feet; shall be parked on any portion of a residential lot unless: It is actively involved in making pickups and deliveries; iii. It is in connection with, and in aid to, the performance of a service to, or on, the property where the vehicle is parked, while actively involved in such activity; or ~1111. It is in conformance with the conditions of approval for a valid home occupation permit as provided in Section 17.04.030 of the development code. No privato, noncommorcial vohiclo which oxcoods a gross woight of ono and ono half tons, or oxcoods a width of oighty inchos, or oxcoods a hoight of sovon foot or oxcoods a Iongth of twonty fivo foot; and no trailor, somitrailor, boat or portablo rocroational oquipmont shall bo parkod or storod within tho front yard, comor sido yard or sido yard abutting a stroot unloss: iv I. It is not a commorcial vohiclo and is parkod for a tomporary poriod of timo not to oxcood twonty four hours; vii. It is involvod in loading or unloading activity; and ]3 jh. ki. ¥1111. It is parkod in oomplianoo with any othor applicablo city ordinanco. Guest Parking Spaces. Required guest parking spaces in residential areas shall be designated as such with signage and restricted to the use by guests. Violation of any provision of this subsection shall be punishable as an infraction. In addition to the residential parking requirements, one off-street parking space shall be provided for each guest room of a bed and breakfast. Tandem parking shall be permitted. Guest parking shall not be permitted in required setback areas. ko A maximum of 2 commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper she/Is, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle may be parked or stored on the side orrearyard of a parcel of land at any one time. Recreational Vehicle Storage Yard. Only the parking and storage of recreational vehicles in proximity to residential users shall be permitted on lots of .5 acres or more unless part of a master planned development, subject to approval of a conditional use permit. All storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping or building mass. Retail or wholesale activity, commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are not permitted. Vehicles and Equipment Repair and Storage of Vehicles and Equipment under Repair. The following provisions shall apply to any commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper she/Is, boats or other large portable recreational and commercial equipment, other non- motorized vehicles, regardless of length or width that are detached from a motor vehicle, motor vohiclo, rocroational vohiclo, campor, campor trailor, trailor, unmountod campor, trailor coach, motorcyclo, boat or similar convoyanco in all residential districts, and to all sites in any other district used for residential occupancy: Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally 14 located fence, wall, or equivalent screening. Storing, placing or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall or equivalent screening. Notwithstanding the provisions of subsections (D)(3)(a) and (b) of this section, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot, may be conducted for an aggregate period of up to twenty-four hours in any continuous period of forty-eight hours exclusive of the screening requirements. For the purpose of this section, reference to types of conveyances shall have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. Parking - Nonresidential Uses. Required parking for nonresidential uses shall be located: a. On the same lot or parcel of land as the use which the facilities serve; or On an adjoining lot or parcel of land under the same ownership as the lot supporting the use the parking facilities serve; or On a lot or parcel of land separated only by an alley (twenty feet wide or less) from the lot or parcel supporting the use the parking facilities serve, provided: The lots or parcels are under the same ownership, and ii. The lots or parcels would be contiguous if not separated by the alley, and iii. The direct vehicular and pedestrian passage between the lots or parcels would be possible if the alley were vacated, and iv. The parking is located not more than three hundred feet from the use it is intended to serve. Parking attendant structures shall be limited to thirty square feet in floor area. On a nonadjacent lot on the same block as the lot supporting the use the parking facilities serve; provided, that the nonadjacent lot is under the same ownership. Same ownership includes property that is subject to a binding recorded lease for not less than ten years from commencement of use. The parking spaces leased must not be required for, or available to, any other property and be within a maximum of three hundred feet from the property requiring the parking. Loading All Uses. Required loading facilities shall be located on the same lot or parcel of land as the use served. ATTACHMENT NO. 3 INITIAL ENVIRONMENTAL STUDY ]7 CITY OF TEMECULA Environmental Checklist 5. 6. 7. 8. Project Title: Lead Agency Name and Address: Contact Person and Phone Number: Project Location: Project Sponsor's Name and Address: General Plan Designation: Zoning: Description of Project: Surrounding Land Uses and Setting: Other public agencies whose approval is required: Planning Application No. PA97-0349 (Zoning Amendment - Development Code) City of Temecula P.O. Box 9033 Temecula, CA 92590 Matthew Fagan, Associate Planner (909) 694- 6400 City-wide in the residential districts Same as No. 2: Multiple residential designations Multiple residential designations Amendments to Chapter 17.24 of the City's Development Code, pertaining to the storage and parking of vehicles (including recreational vehicles and trailers) N/A None. R:\STAFFRPT~349PA97.CC1 8/4/98 mf ,] .] ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potemially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] Population and Housing [ ] Geologic Problems [ ] Water [ ] Air Quality [ ] Transportation/Circulation [ ] Biological Resources [ ] Energy and Mineral Resources [X] None DETERMINATION [ ] Hazards [ ] Noise [ ] Public Services [ ] Utilities and Service Systems [ ] Aesthetics [ ] Cultural Resources [ ] Recreation [ ] Mandatory Findings of Significance On the basis of this initial evaluation, I find that the proposed project COULD NOT have a significant on the environment,7~GATIVE DECLARATION will be prepared. (,/ Date Printed Name R:\STAFFRPT\349PA97.CC1 8/4/98 mf '] 2 ISSUES AND SUPPORTING INFORMATION SOURCES 1. LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan designation or zoning? b.Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c. Be incompatible with existing land use in the vicinity? d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? e. Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? 2. POPULATION AND HOUSING. Would be proposal: a. Cumulatively exceed official regional or local population projects? b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? c. Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a. Fault rupture? b. Seismic ground shaking? c. Seismic ground failure, including liquefaction? d. Seiche, tsunami, or volcanic hazard? e. Landslides or mudflows? f. Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? g. Subsidence of the land? h. Expansive soils? i. Unique geologic or physical features? WATER. Would the proposal result in: a.Changes in absorption rates, drainage panems, or the rate and mount of surface runoff?. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No Impact ix] ix] ix] ix] ix] ix] Ix] ix] ix] IX] ix] ix] IX] ix] ix] IX] R:\STAFFRPT\349PA97.CC1 8/4/98 raf ~ 3 ISSUES AND SUPPORTING INFORMATION SOURCES b. Exposure of people or property to water related hazards such as flooding? c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, cLissolved oxygen or turbidity)? d. Changes in the amount of surface water in any water body? e. Changes in currents, or the course or direction of water movements? f. Change in the quantity 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? g. Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? $. AIR QUALITY. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d. Create objectionable odors? 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a. Increase vehicle trips or traffic congestion? b. Hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses)? c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? e. Hazards or bamers for pedestrians or bicyclists? Potentially Significant Impact [] [] [] [] [] [] [1 [] [1 [] [] [] [] [] [] [] [1 Potentially Significant Unless Mitigation Incorporated [] [] [] [] [1 [] [1 [] [] [1 [] [1 [] [] [] [] [1 Less Than Significant Impact [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] IX] No Impact IX] ix] IX] ix] [x] ix] IX] ix] [x] ix] IX] ix] IX] IX] IX] IX] [1 R:\STAFFRPTL349PA97.CCI 8/4/98 mf 1 4 ISSUES AND SUPPORTING INFORMATION SOURCES f. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g. Rail, waterborne or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? b. Locally designated species (e.g. heritage trees)? c. Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d. Wetland habitat (e.g. marsh, riparian and vernal pool)? e. Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewal resources in a wasteful and inefficient manner? c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? HAZARDS. Would the proposal involve: a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? b.Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? d. Exposure of people to existing sources of potential health hazards? e.Increase fire hazard in areas with flammable brush, grass, or trees? Potentially Significant Impact [] £] [] [] [] [] £] [] [] [] £] [] [] [] Potentially Significant Unless Mitigation Incorporated [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Less Than Significant Impact [] [] £] [] [] [] [] [] [] [] [] [] £] [] [] No Impact IX] ix] Ix] IX] Ix] Ix] IX] IX] IX] ix] ix] IX] Ix] IX] ix] R:\STAFFRPTL349PA97.CCI 8/4/98 mf ~ 5 ISSUES AND SUPPORTING INFORMATION SOURCES 10. NOISE. Would the proposal result in: a. Increase in existing noise levels? b. Exposure of people to severe noise levels? 11. 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: a. Fire protection? b. Police protection? c. Schools? d. Maintenance of public facilities, including roads? e. Other governmental services? 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Local or regional water treatment or distribution facilities? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste disposal? g. Local or regional water supplies? AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aesthetic effect? c. Create lighi or glare? CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? b. Disturb archaeological resources? 13. 14. Potentially Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Potentially Significant Unless Mitigation Incorporated [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Less Than Significant Impact [] [] [] [] [] [] IX] [] [] [] [] [] [] [] [] [] [] [] [] No Impact [x] [x] IX] IX] IX] IX] '[ ] [x] IX] IX] [x] [x] ix] [x] [x] [x] IX] [x] IX] R:\STAFFRPTk349PA97.CCI 8/4/98 mf 1 6 ISSUES AND SUPPORTING INFORMATION SOURCES c. Affect historical resources? d. Have the potential to cause a physical change which would affect umque ethnic cultural values? e. Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? b. Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of 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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does the project have impacts that area individually 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). d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 17. EARLIER ANALYSES. None. Potentially Significant Impact [] [] [] [] [] [] [] [] [] Potentially Significant Unless Mitigation Incorporated [] [] [] [] [] [] [] [] [] Less Than Significant Impact [] [] [] [] [] [] [] [] [] No Impact IX] IX] Ix] IX] IX] [x] [x] [xl R:\STAFFRPTL349PA97.CC1 8/4/98 mf '] 7 DISCUSSION OF THE ENVIRONMENTAL IMPACTS Based upon the analysis contained in the Initial Environmental Study, amending portions of Section 17.24.020.D of the City's Development Code will not have an impact to the environment in the following areas: Land Use and Planning, Population and Housing, Geologic Problems, Water, Air Quality, Biological Resources, Energy .and Mineral Resources, Hazards, Noise, Utilities and Service Systems, Aesthetics, Cultural Resources and Recreation. The proposed Amendments will result in a less than significant impact to Transportation/Circulation. It will decrease the hazard and barrier for pedestrians and bicyclists by removing RV's and other large-scale items from encroaching into the public right-of-way which restricts their visibility. In addition, the proposed Amendments will result in a less than significant impact to Public Services (other governmental services). It has been determined that increased enforcement of Development Code provisions regulating on-site storage of vehicles would require additional staff resources. As stated above, enforcement of the Code was primarily driven by complaints received from residents. According to Code Enforcement staff, enforcement of this item required approximately 30-40% of their staff hours and would require the same if they were to pro-actively enforce the Ordinance. In order to enforce these regulations effectively, one-half of a Code Enforcement staff person would be required at the current time. The cost to the City (in 1998 dollars) would be $27,259.00 annually. This figure would likely be higher in future years. No mitigation measures are required. R:\STAFFRPTL349PA97.CC1 8/4/98 mf ~ 8 ATTACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT JULY 1, 1998 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: Planning Comr~i~o~,/ Debbie Ubnosl(~'?Planning Manager DATE: July 1, 1998 SUBJECT: Planning Application No. PA97-0349 - Amendment to Sections of the City's Development Code Pertaining to On-Site Storage of Vehicles (including Recreational Vehicles) in Residential Zones Prepared by: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 98- recommending approval of PA97- 0349 based upon the Analysis and Findings contained in the Staff Report. BACKGROUND The following background has been included for the benefit of the two newly appointed Planning Commissioners. All previous Staff Reports (including correspondence received) and minutes of those meetings regarding this matter have been included as attachments to this Report. At their September 23, 1997 meeting, the Council directed staff to amend the Development Code to delete Section 17.24.020(D)(1)(f) pertaining primarily to recreational vehicles. The Council's discussion focused on the appropriateness and need for the City to enforce a regulation that is generally incorporated into Home Owner's Association CC'&R's In the end, the Council decided that the City should not assume any responsibility for enforcement of Home Owner's Association CC&R's. Since deletion of this Section of the Development Code would require an Ordinance Amendment, this item was placed on the November 3, 1997 Planning Commission agenda for Commission action. However, upon further consideration, the Council directed staff to conduct additional research on this matter. At the November 3, 1997 Planning Commission meeting, staff requested this item be continued to the December 1, 1997 Planning Commission hearing. Staff then requested this issue be continued off calendar at the December 1, 1997 meeting until the research was conducted. Staff placed this item on the Commission Business section of the February 2, 1998 Planning Commission meeting and requested that the Commission provide direction to staff regarding three potential options for recreational vehicle storage in residential zones. After reviewing the R:~STAFFRPTO49PA97.PC4 6/24/98 mf 1 options and receiving public testimony from seventeen residents, the Commission unanimously (4-0, Commissioner Soltysiak was absent) recommended to the City Council that the existing Development Code provisions remain in effect and be enforced with the existing penalties. They also recommended that additional staff resources required for effective enforcement be considered by the Council. Of the seventeen residents who spoke at the Commission hearing, sixteen were in favor of enforcing the existing provisions of the Development Code. This item was tentatively scheduled for the March 17, 1998 City Council meeting; however, staff was directed to remove this item from that meeting's agenda and not bring it before the Council until after a joint City Council/Planning Commission Workshop could be held to discuss the item. A joint City Council/Planning Commission Workshop was held on April 21, 1998. The Planning Commission was directed by the City Council to consider the information and direction provided to them at that meeting and provide a recommendation to the City Council regarding an Ordinance regulating the on-site storage of vehicles in residential zones. Staff reviewed the comments and suggestions from that meeting and provided issues and options for the Commission at their meeting of May 6, 1998. The Commission reviewed the issues which were accompanied by potential options and received testimony from sixteen (16) residents at that meeting. At the conclusion of the meeting, the Commission continued this item to their June 3, 1998 hearing and directed staff to bring back a draft Ordinance. A draft ordinance was prepared; however, the Commission directed staff to further refine the language and continued the item to their July 1, 1998 meeting. ANALYSIS Staff has clarified the following issues based upon the direction provided by the Planning Commission: definition of vehicle, types of vehicles which need to be stored on the side or rear yard, temporary parking of vehicles in front yards, definition of "actual yard," storage/parking of automobiles and motorcycles in front yards, paving materials required~ difference between camper shell and pick-up shell, other clean-up items and creation of a grace period. Staff reviewed the previous revisions made to Section 17.24.040.D. of the Development Code and has provided a revised copy. Staff modified the first draft ordinance when preparing the current draft. Draft No. I additions are identified as redlined text with deletions appearing as strike outs. Draft No. 2 modifications appear as redlined, italicized text. The comprehensive draft has been included as Attachment No. 1 to this Report. Definition of Vehicle Automobiles, motorcycles, mopeds and "similar items" has been added back into the definition of vehicle. At the request of the Commission, recreational vehicle was also added to the list and house cars were deleted from the list. Section 17.24.040.D.1 has been expanded to include the definitions of both parking and standing (originally recommended to be located in Section 17.24.020.D. 1 .d). Vehicles Which Need to Be Parked or Stored on the Side or Rear Yard Section 17.24.040.D.1.d has been expanded to include language clarifying the types of vehicles which need to be parked or stored on the side or rear yard of a parcel. This list R.:~STAFFRPT~349PA37.PC4 6/24/98 mf ') includes: recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment and other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle. Automobiles (including pick-up trucks, vans and sport utility vehicles), motorcycles and mopeds are not included in this list. This Section further states that these types of vehicles may be parked or stored only in the side or rear yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. Temporary Parking of Vehicles in Front Yards Section 17.24.040.D. 1 .f has been revised to read: "Except as provided ~ herein, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle temporarily parked within public view within the Actual Front Yard, unscreened corner side yard or unscreened side yard abutting a street may be parked or left standing for periods of time not to exceed two (2) consecutive days for loading and unloading the vehicle. No vehicle parking or storage shall be allowed in the Actual Front Yard." This clarifies which vehicles are allowed to be temporarily parked in the actual. front yard, the duration of time they are allowed to be temporarily parked and prohibits permanent parking in the actual front yard. Definitions of Actual Yards Definitions of actual yards (front, side and rear) have been developed for inclusion into Section 17.34 (Definitions) of the Development Code. These definitions have been included as Attachment No. 2 to this Staff Report. An exhibit has also been created which depicts the actual yards. This will clarify the language contained in the definitions. Paving The type of paving required for parking of vehicles on the side or rear of the parcel was discussed by the Commission; however, staff did not have a definitive recommendation for the specific requirement. Based upon staff's analysis of this matter, staff recommends that the following language be added to Section 17.24.040.D.l.c: "..shall be paved with an impermeable hardened surface capable of supporting the weight of the vehicle." This will adequately address staff's concerns regarding the nature of the parking surface for those types of vehicles which are parked/stored permanently on the side or rear yard of the parcel. Camper Shells and Pick-Up SheEs The Commission discussed differences between camper shells and pick-up shells. Camper shells, which are typically used for temporary habitable space, are regulated by this Section of the Development Code. Pick-up shells which are typically attached to a pick-up truck for purposes of providing all-weather protection to the contents of the pick-up truck, are not regulated by this Section. It is the intent of the Ordinance to regulate pick-up shells which are detached from the vehicle under the definition of those items which are detached from the vehicle, but require screening. R:~TAF'FR.PT~49PA97.PC4 6/24~8 mf ~ Minor Repairs The Commission requested clarification as to the definition of "minor repairs" which was included in Section 17.24.04.D.1.f of the Development Code. Staff recommends that this language be deleted from this Section since repair of vehicles is covered under Section 17.24.04.D.3.c of the Development Code. Other Clean up Items Staff has cleaned up several unclear items, including typographical errors contained in this section. In addition, staff recommends that Section 17.24.040.D.1.h be deleted. This is recommended because private, non commercial vehicles are covered under the definition of vehicle, and the discussion of other items (i.e., trailers, semitrailer and others ) are also previously covered in this Section. Grace Period The Commission discussed allowing a six month grace period, from the time the Development Code Amendments are adopted by the City Council to allow for people to come into compliance with the new regulations. Staff has included this language in the proposed draft City Council Ordinance (reference Attachment No.1 Exhibit A). ENVIRONMENTAL REVIEW Staff will be conducting the appropriate environmental review based upon the recommendation from the Planning Commission to the City Council. This will accompany the City Council Staff Report and will be subject to the noticing requirements of the California Environmental Quality Act. FINDINGS 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 Plan as may be in effect in any such city. There is a need to amend the Development Code to protect the public health, safety and welfare The proposed Ordinance complies with all applicable requirements of State law and local ordinances. R:~TAFFRPTLM9PA97.PC4 6/24/98 m_f 4 Attachments: 5. 6. 7. o 9. 10. 11. 12. 13. 14. Revisions to Section 17.24.020.D. - Blue Page 6 New Definitions for Section 17.34 - Blue Page 12 Resolution No. 98- - Blue Page 14 Exhibit A. Draft Resolution No. 98- - Blue Page 17 Correspondence Received - Blue Page 23 Planning Commission Staff Report dated November 3, 1997 - Blue Page 24 Planning Commission Staff Report dated February 2, 1998 - Blue Page 25 Joint City Council/Planning Commission Staff Report dated April 21, 1998 - Blue Page 26 Planning Commission Staff Report dated May 6, 1998 - Blue Page 27 Planning Commission Staff Report dated June 3, 1998 - Blue Page 28 Planning Commission Minutes dated November 3, 1997 - Blue Page 29 Planning Commission Minutes dated February 2, 1998 - Blue Page 30 Joint City Council/Planning Commission Minutes dated April 21, 1998 - Blue Page 31 Planning Commission Minutes dated May 6, 1998 - Blue Page 32 Planning Commission Minutes dated June 3, 1998 - Blue Page 33 R:~TAFFRPT~349PA97.PC4 6/24/98 mf ~ ATTACHMENT NO. 1 A PORTION OF SECTION 17.24.020.D. OF THE CITY'S DEVELOPMENT CODE DRAFT REVISIONS NO. 2 R:~STAFFRFIX~9PAg?.PC4 ~/24/~ nt[ ~ OFF-STREET PARKING AND LOADING 17.24.040.D PARKING REQUIREMENTS - DRAFT NO. 2 Location of Parking and Loading Facilities. Parking---Residential Uses. The paridng of vehicles in all residential districts shall be subject to the follc~4ag provisions !istod below. "Vehicles" as used in ~ subsection DI rdmH include, but not be limited to, commercial vehicles, recreational vehicles, as including thase defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, house ¢~s, campers, camper shells, boats or other large portable recreational and commercial equipment, nmt other non- motorized vehicles, regardless of length or width that are detached from a motor vehicle, automobiles, motorcycles, mopeds and any rimilar item. Parking shall be defined as the .vtanding of a vehicle, whether occupied or not, otherwise than temporarib'for the purpose of and while actually engaged in loading or unloading merctgmdise or passengers as described below (d). Storage shall be defined to mean to place or leave in a location for laler use. The design guidelines and regulations for parking areas shall conform to the provisions herein of the development code. Vehicle parking shall be within the enclosed garage, carport or other required or authorized off-street paved parking area. All parking areas within public view from the street, public right-of-way or adjacent properties shall bc paved v~ ith a p¢~ maneat pa~ ing a~atccial be paved with an intpermeable hardened surface capable of supporting the weight of the vehicle. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration. Ercept as provided for m Section F beio,; commercial vehicles, recreational vehicles ~ts including those defined in Section 18010 of the Catiforma Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, hoa~ campers, camper shells, boats or other large portable recreatiotgtl and commercial equipment, and other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle Vehic~s may be parked or stored :'5:~.~ in the side or rear yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. Parking shall bc defined as the standing of a vehicle, w~athcr oco,pL-d or sot, oth~., ~ise than te.,v. oradty for the p.,~os~ of a,,d actually a~gaged hi loading or tu',loading merchaadise or passengers. S~oragc shall be &flaed to ,.¢~1~ to pla~ or leave in a location for later use. R:~TAF'FRP'~49PA97.PC4 6/'24/9g mf 7 f. Vehicles parking within side and rear yard areas shah be limited to five percent of the total lot area or five hundred square feet, whichever is greater. Except as provided in herein, vehicles recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks'. trailer~ motor trucks, semi-trailers, aan~rs. camper shells, boats or other large portable recreationa~ and commercial eq~tipment, other non-motorized vehicles, regardless of length or width that are detached.from a motor 'vehicle temporarily parked within public view in requin,~ or autho, lzed }~arking ~r. as within the "~'"':" ":~?i~/'.:~!!}Front Yard, '""'"'"--:':':"" :*~:m~ :'~':':':~i~ comer side yard or ............................... ~~utas~ '~ side yard abutting a street stm}! i!'~'~:~ be parked or left standing for tempora, y periods of time not to exceed fiv~ '":~67~!:(:!2i) consecutive days loading and unloading ~..el },,oekth~ ~,.~aor s~, ~iex the vehicle. No pc, manent vehicle parking or storage shall be allow~ in the Actual Front Yard. "Vehicles" as used in this section shall include, but .o't bc limited to, conm~ercial vehicles, aut~nobil¢s, u acks, trailers, motor tracks, semi-trailers, motor¢.,,¢les, mopeds, campers, camper shells, boats or other large pc,, table reereaticmal and ccnnmcreial equitnaent. No commercial vehicles which exceeds a gross weight of one and one-half tons, or ¢xo:eds a width of eighty inches~i or ex'~ds ~i~i!iheight of seven feet or exceeds a length of twenty-five feet; shall be parked on any portion of a residential lot unless: It is actively involved in making pickups and deliveries; i18. iii. :t[~iiT~i!iin connection with, and in aid to, the performance of a service to, or on, the property where the vehicle is parked, while actively involved in such activity; or I~!!it!i~ in conformance with the conditions of approval for a valid home occupation permit as provided in Section 17.04.030 of the development code. No pd~¢atc, nonccnma~rcial vehicle Milch exceeds a gcr, ss weight of cm¢ and m~h~, ~ ~xce~s a width ~ eighty inches, or exceeds a l~t ~sevcn feet or exc~s a length of twenty-five feet; and no traikr, senfitrailer, boat or po, table recreational equi~nent shall be p~k~ or sto~ ed within the fi o,~ yaM, coh,e~ side yam or side yard abutting a st~et unless: It is not a commercial vehicle and is parked for a tempora, y period of time not to exceed t,vcnty-four hours; It is involved in loading or unloadhg a,.tlvity; and R:~TAFFRPTk349PA97.PC4 6/24/'98 mf 8 It is parked in complianec with any other avplicabte city c~rdilm~c¢. Guest Parking Spaces. Required guest parking spaces in residential areas shall be designated as such with signage and restricted to the use by guests. Violation of any provision of this subsection shall be punishable as an infraction. In addition to the residential parking requirements, one off'-street parking space shall be provided for each guest room of a bed and breakfast. Tandem parking shall be permitted. Guest parking shall not be permitted in required setback areas. A maximum of'l-or 2 commercial vehicles, recreational vehicles ets including those defined m Section t 8010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers. house cat a. campers, camper shells, boatv or other large portable recreational and commercial equipment. trod other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle x-eh}cles may be parked or stored on the side or rear yard of ~m a parcel of land at any one time. Recreational Vehicle Storage Yard. Only the parking and storage of recreational vehicles in proximity to residential users shall be permitted on lots of .5 acres or more unless part of a master planned development, subject to approval of a conditional use permit. All storage activities shall be scree *~!~:d from public view by a combination of block or masonry wall, berming, dense landscaping or building mass. Retail or wholesale activity, commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are not permitted. Vehicles and Equipment Repair and Storage of Vehicles and Equipment under Repair. The following provisions shall apply to any commercial vehicles, recreational vehicles et~ including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, hou~ c'~t & campers, camper shells, boats or other large portable recreational and commercial equipment, tamar other non-motorized vehicles, regardle~' of length or width that are detached from a motor vehicle, motor vehicle, recreational vehicle, camper, camper trailer, uailcr, uimiounted etariper, t~ailer coach, motorcycle, boat or similar conveytrace in all residential districts, and to all sites in any other district used for residential occupancy: RSSTAFFRPTO49PA97.PC4 6/24/98 mf 9 Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. Storing, placing or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall or equivalent screening. Notwithstanding the provisions of subsections (D)(3)(a) and (b) of this section, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot, may be conducted for an aggregate period of up to twenty-four hours in any continuous period of forty-eight hours exclusive of the screening requirements. For the purpose of this section, reference to types of conveyances shall have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. Parking--Nonresidential Uses. Required parking for nonresidential uses shall be located: On the same lot or parcel of land as the use which the facilities serve; or On an adjoining lot or parcel of land under the same ownership as the lot supporting the use the parking facilities serve; or On a lot or parcel of land separated only by an alley (twenty feet wide or less) from the lot or parcel supporting the use the parking facilities serve, provided: I. The lots or parcels are under the same ownership, and ii. The lots or parcels would be contiguous if not separated by the alley, and IlL The direct vehicular and pedestrian passage between the lots or parcels would be possible if the alley were vacated, and iv. The parking is located not more than three hundred feet from the use it is intended to serve. R:~gTAFFRPTO49PA97.PC4 6/'24~9S mf 10 d. Parking attendant structures shall be limited to thirty square feet in floor area. On a nonadjacent lot on the same block as the lot supporting the use the parking facilities serve; provided, that the nonadjacent lot is under the same ownership. Same ownership includes property that is subject to a binding recorded lease for not less than ten years from commencement of use. The parking spaces leased must not be required for, or available to, any other property and be within a maximum of three hundred feet from the property requiring the parking. Loading All Uses. Required loading facilities shall be located on the same lot or parcel of land as the use served. R:~STAFleRFP~9PA.97.PC4 6/'24/98 mf ] 1 ATTACHMENT NO. 2 NEW DEFINITIONS FOR SECTION 17.34 OF THE CITY'S DEVELOPMENT CODE R:'~-'TAFFRPTk~9PA97.PC4 6/24~ mf 12 Yard, Actual Front: Yard, Actual Rear: Yard, Actual Side: Section 17.34 - Definitions The space extending across the full width of the front of the lot, the depth of which is the minimum horizontal distance between the front lot line or street right-of-way line and the primary structure on the lot. The space extending across the full width of the rear of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the primary structure on the lot. The space between the setback line of the main building and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the main building nearest the line from which the measurement is taken. ATTACHMENT NO. 3 PC RESOLUTION NO. 98- ATTACHMENT NO. 3 PC RESOLUTION NO. 98- A REROLUTION OF THE CITY OF TI~,~ECULA PLANNING COMMISSION RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. PA97-0349, AIrrENDING SECTIONS OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES ~EAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; Wltl~EA~, on January 2:5, 1995, the City of Temecula City Council adopted the City's Development Code; WHEREAS, the City has iiientified a need to amend the Development Code; WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, ~, the Planning Commission considered Planning Application No. PA97-0349, on June 3, 1998, at a duly noticed public hearing 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; ~, the Planning Commission continued Planning Application No. PA97-0349, on June 3, 1998 to the meeting on July 1, 1998; WHEREAS, the Planning Commission considered Planning Application No. PA97-0349, on July 1, 1998, at a duly noticed public hearing 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; WHERFAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval Planning Application No. PA97-0349; R:~TAFFRF1X349PA.97.PC4 6/24/98 mf 15 NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF TEMECULA DOES HEREBY RECOMMEND THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING SECTIONS OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A. PASSED, APPROVED AND ADOPTED this 1st day of July, 1998. Marcia Slaven, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of July, 1998 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~STAFFR.PT~349PA97.PC4 6/24/98 raf 16 EXHIBIT A DRAFT ORDINANCE NO. 98- R:~STAFFP. PT~49PA97.PC4 6/24/~ mf 17 EXItlB~ A ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALWORNIA AMENDING SECTIONS OF ~ TEMECULA DEVELO~ CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CAIJFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. That 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 plan as may be in effect in any such city; B. That there is a need to amend the Development Code to protect the public health, safety and welfare; and ordinances. That this Ordinance complies with all applicable requirements of State law and local Section 2. Section 17.24.020.D. 1 through 17.24.020.D.6 of the Development Code is amended to read as follows: D. Location of Parking and Loading Facilities. 1. ParkingtResidential Uses. The parking of vehicles in all residential districts shall be subject to the provisions listed below. "Vehicles" as used in subsection D1 shall include, but not be limited to, commercial vehicles, recreational vehicles, including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle, automobiles, motorcycles, mopeds and any similar item. Parking shall be defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as described below (d). Storage shall be defined to mean to place or leave in a location for later use. a. The design guidelines and regulations for parking areas shall conform to the provisions herein of the development code. RSSTAFFRP'I~49PA97.PC4 6/24/98 mf ] 8 b. Vehicle parking shall be within the enclosed garage, carport or other required or authorized off-street paved parking area. c. All parking areas within public view from the street, public right-of-way or adjacent properties shall be paved with an impermeable hardened surface capable of supporting the weight of the vehicle. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration.. d. Except as provided for in Section F below, commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle may be parked or stored in the side or rear yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. e. Vehicles parking within side and rear yard areas shall be limited to five percent of the total lot area or five hundred square feet, whichever is greater. f. Except as provided Herein, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle temporarily parked within public view within the Actual Front Yard, unscreened comer side yard or unscreened side yard abutting a street may be parked or left standing for periods of time not to exceed two (2) consecutive days for loading and unloading the vehicle. No vehicle parking or storage shall be allowed in the Actual Front Yard. g. No commercial vehicles which exceeds a gross weight of one and one-half tons, a width of eighty inches, a height of seven feet or a length of twenty-five feet; shall be parked on any portion of a residential lot unless: I. It is actively involved in making pickups and deliveries; ii. It is in connection with, and in aid to, the performance of a service to, or on, the property where the vehicle is parked, while actively involved in such activity; or iii. It is in conformance with the conditions of approval for a valid home occupation permit as provided in Section 17.04.030 of the development code. h. Guest Parking Spaces. Required guest parking spaces in residential areas shall be designated as such with signage and restricted to the use by guests. infraction. Violation of any provision of this subsection shall be punishable as an R:~TAFFRPTx349PA97.PC4 6/24/98 mf ] 9 J. In addition to the residential parking requirements, one off-stree~ parking space shall be provided for each guest room of a bed and breakfast. Tandem parking shall be permitted. Guest parking shall not be permitted in required setback areas. k. A maximum of 2 commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle may be parked or stored on the side or rear yard of a parcel of land at any one time. 2. Recreational Vehicle Storage Yard. Only the parking and storage of recreational vehicles in proximity to residential users shall be permitted on lots of.5 acres or more unless part of a master planned development, subject to approval of a conditional use permit. a. All storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping or building mass. b. Retail or wholesale activity, commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are not permitted. 3. Vehicles and Equipment Repair and Storage of Vehicles and Equipment under Repair. The following provisions shall apply to any commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle, in all residential districts, and to all sites in any other district used for residential occupancy: a. Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. b. Storing placing or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall or equivalent screening. c. Notwithstanding the provisions of subsections (D)(3)(a) and (b) of this section, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot, may be conducted for an aggregate period of up to twenty-four hours in any continuous period of forty-eight hours exclusive of the screening requirements. R:~TAFF'RPTO49PA97.PC4 6/240S mf 20 d. For the purpose of this section, reference to types of conveyances shall have the same meanings as defined' in the Vehicle Code of the state of California, where such definitions are available. located: Parking--Nonresidential Uses. Required parking for nonresidential uses shall be supporting the use the from the lot or parcel and On the same lot or parcel of land as the use which the facilities serve; or On an adjoining lot or parcel of land under the same ownership as the lot parking facilities serve; or On a lot or parcel of land separated only by an alley (twenty feet wide or less) supporting the use the parking facilities serve, provided: I. The lots or parcels are under the same ownership, and ii. The lots or parcels would be contiguous if not separated by the alley, iii. The direct vehicular and pedestrian passage between the lots or parcels would be possible if the alley were vacated, and iv. it is intended to serve. The parking is located not more than three hundred feet from the use d. Parking attendant structures shall be limited to thirty square feet in floor area. e. On a nonadjacent lot on the same block as the lot supporting the use the parking facilities sewe; provided, that the nonadjacent lot is under the same ownership. Same ownership includes property that is subject to a binding recorded lease for not less than ten years from commencement of use. The parking spaces leased must not be required for, or available to, any other property and be within a maximum of three hundred feet from the property requiring the parking. 6. Loading All Uses. Required loading facilities shall be located on the same lot or parcel of land as the use served. Section 3. Section 17.34. of the Development Code is amended to include the following definitions: "Yard, Actual Front: The space extending across the full width of the front of the lot, the depth of which is the minimum horizontal distance between the front lot line or street right-of-way line and the primary structure on the lot." "Yard, Actual Rear: The space extending across the full width of the rear of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the primary structure on the lot." "Yard, Actual Side: The space between the setback line of the main building and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the main building nearest the line from which the measurement is taken." R:~STAFFRlYF~49PA97.PC4 6/24/98 mf 21 Section 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining pans of this Ordinance. Section 5. Fffective Date. This Ordinance shall be in full force and effect six (6) months a~er its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shah publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 1 $ days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED this __ day of ,199__. ATTEST: Ron Roberts, Mayor Susan W. Jones, Acting City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certi~ that the foregoing Ordinance No. 9 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ~ day of ,199__, and that thereai~er, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the ~ day of , by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Susan W. Jones, Acting City Clerk R:~STAH:RFro49PA97.PC4 6r24/9S mf 22 ATTACHMENT NO. 4 CORRESPONDENCE RECEIVED R:~TAFFR.,vrk:M~PAF'/,PC4 ~24/~ ad' 23 ATTACHMENT NO. 5 PLANNING COMMISSION STAFF REPORT NOVEMBER 3, 1997 R:~STAFFRPT'O49PAg'/.PC4 ~/2d./~S mf 24 TO: FROM: Planning Commission' Debbie Ubnoske; Planning Manager DATE: November 3, 1997 SUBJECT: Planning Application No. PA97-0349 - Amendment to Section 17.24.020(I2))(1)(f) of the City's Development Code Pertaining to Recreational Vehicle (RV) Storage in Residential Areas Prepared By: Matthew Fagan, Associate Planner RECOMM!r~NDATION: The Planning Department Staff recommends the Planning Commission: 1. ADOPT the Negative Declaration for PA97-0349; AI~OPT Resolution No. 97- recommending that the City Council approve an Ordinance Repealing Section 17.24.020(D)(1)(f) of the Temecula Development Code pertaining to Recreational Vehicle (RV) storage in residential areas based upon the Analysis and Findings contained in the Staff Report. BACKGROUND At the August 12, 1997 City Councfi meeting, Mayor Birdsall requested that staff prepare a report discussing recreational vehicle (RV) storage in residential districts. This report was presented to the City Council at their September 23, 1997 meeting. The issues discussed by the Council centered on those issues which were previously discussed by the Planning Commission at their January 27, 1997 meeting. Those Sections of the Code that were discussed related to City restrictions on parking vehicles in front yards. The specific Code references are as follows: Section 17.24.020(13)(1)(0 states: "Except as provided herein, vehicles parked within public view in required or authorized parking areas within the front yard, comer side yard or side yard abutting a street shall be parked or left standing for temporary periods of time not to exceed five (5) consecutive days." R:LVr~9PA~7.PCl 10/20/97 mf 1 Section 17.24.050(1) states: "In a residential zone, no portion of the required front yard areas shall be developed or used for vehicular off-street parking other than that portion occupied by the driveway. The curb cut for the driveway shall not exceed twenty four (24) feet in width. This restriction shall apply to automobiles, trucks, buses, trailers, boats, recreational vehicles, and motorcycles.' DISCUSSION At their September 23, 1997 meeting, the Council directed staff to amend the Development Code to delete Section 17.24.020(D)(1)(f). Most of the Council's discussion focused on the appropriateness and need for the City to enforce a regulation that is generally incorporated into Home Owner's Association CC&R's In the end, the Council decided that the City should not assume any responsibility for enforcement of Home Owner's Association CC&R's type of regulation. However, the Council felt that Section 17.24.050(I) should be retained to prevent residents from storing vehicles on landscaped areas. As a result, Staff has brought forward the proposed Ordinance to delete Section 17.24.020(D)(1)(f) of the Development Code. FISCAL IMPACT None. Attachments: 2. 3. 4. Resolution No. 97- - Blue Page 3 A. Ordinance No. 97- - Blue Page 6 Initial Environmental Study - Blue Page 9 City Council Staff Report (September 23, 1997) - Blue Page 18 City Council Minutes (September 23, 1997) - Blue Page 19 R:~'T~9PA97.PCl 10/20/97 mf 2 AITA~NT NO. 1 PC RESOLUTION NO. 97- It:~STAFFRIrI'~49PA97.PCI 10/20/97 mf ~ ATI~ACHlV~NT NO. 1 RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING- COMMISSION OF T!qE C1TY OF TEMECULA RECOMMI~NDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~ REPEALING SECTION 17.24.020(D)(1)(f) OF THE TEMECULA DEVI~O~ CODE PERTAINING TO RECREATIONAL VEI~ICLE 0iV) STORAGE IN RESIDENTIAL AREAS WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; WI-II~£AS, on January 25, 1997, the City of Temecula City Council adopted the City's Development Code; WItEREAS, the City has 'ffientified a need to amend the Development Code; WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, a public hearing was held on November 3, 1997, at which time interested persons had an opportunity to testify either in support or in opposition. NOW, THEREFORE, THE PLANNING COMMI~qSION FOR THE CITY OF TEMECULA DOES HEREBY RECOMMEND THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTIT!'.~I~: 'AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REPEALING SECTION 17.24.020(D)(1)(f) OF THE CITY'S DEVELOPIVrENT CODE PERTAINING TO RECREATIONAL VEHICLE (RV) STORAGE IN RESIDENTIAL AREAS' THAT IS SUBSTANTIALLY IN THE FORM' A~rACHED TO T!tI~q RESOLUTION AS EXHIBIT A. R:~T~gPA97.PCI 10/'20/~ mf 4 PASSED, APPROVED AND ADOPTED this 3rd day of November, 1997. Linda Fahey, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temeeula at a regular meeting thereof, held on the 3rd day of November, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~rAFFRPTL~49PA97.PC1 10/20/97 m~ ~ E~XH reit A ORDINANCE NO. 97- R:~TAFPRPl'~9PA97.1~I 10/20/97 m~ (~ EXIHR~ A ORDINANCE NO. 97- AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REPEALING SECTION 17.24.020(D)(1)(f) OF THE ClTY'S DEVF_.LOPMF~NT CODE PERTAINING TO RECREATIONAL VEHICLE (RV) STORAGE IN RESIDENTIAL AREAS ~ CITY COUNCIL OF THE CITY OF TEM~2ULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. That 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 plan as may be in effect in any such city; B. That there is a need to amend the Development Code to protect the public health, safety and welfare; and Ce ordinances. That this Ordinance complies with all applicable requirements of State hw and local Section 2. Section 17.24.020(1))(1)(0 of the Development Code is hereby repealed. Section 3. SeverabiliW. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect thirty 00) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City CIerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:kVrAFFRPTk349PA~7.PC1 10/20/9~ mf 7 Section 5. PASSED, APPROVED, AND ADOPTI~ this 199 . day of , Patricia Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 9 - was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ~ day of , 199__, and thai thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , by the following roll call vote: COUNCILlVIEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, City Clerk R:~$TA~9PA97.PCI 10/20/97 mf 8 ATrACHMEN-T NO. 2 INITIAL ENVIRO~AL STUDY R:~ST~9PA97.P~l 10/20/97 m~ ~ CITY OF TEMECULA Environmental Checklist 4. 5. 6. 7. 8. Project Title: Lead Agency Name and Address: Contact Person and Phone Number: Project Location: Project Sponsor's Name and Address: General Plan Designation: Zoning: Description of Project: Planning Application No. PA97-0349 City of Temecula P.O. Box 9033 T~ae~ula, CA 92590 Matthew Fagan, Associate Planner (909) 694-6400 City-wide in the residential districts Same as No. 2. Multiple residential designations Multiple residential designations Amendment to Chapter 17.24 of tl~ City's Development Code, appealing Section 17.24.020(D)(1)(f) which reads: "Except as provided herein, vehicles parked within public view in required or authorized parking areas within the front yard, corner side yard or side yard abutting a street shall be parked or lef~ standing for temporary periods of time not to exceed five consecutive days." Surrounding Land Uses and Setting: N/A Other public agencies whose approval is requii~xl: None. R:~STAPPRF~gPA97.PCl 10~20B)7 mf 10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checlc~ below would be potentially affected by this project, involving at least impact that is a "Potentially Si?ificant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Noise [ ] C~ologic Problems [ ] Pubhc Services [ ] Water [ ] Utilities and Service Systems [ ] Air Quality [ ] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ ] Energy and Mineral Resources [ ] MandaWry Findings of Significance IX] None DETERMINATION On the basis of this initial evaluation, I fmd that the proposed project COULD NOT have a significant on th environment, and a NEGATIVE DECLARATION will be prepared. Date ISSUES A.~D SUPPORTING INI~TION $OL~.I2ES 1. ~ USE ~ P~G. WoMd ~e a. Co~ct ~ g~ p~ ~on ~ b. C~a ~ ~phc~le m~~ pl~ ~ ~h~i~ ~ by a~i~ ~ j~c~ ov= ~ pwj~ c. Be ~mp~blc ~ e~g 1~ ~ ~ d. ~t a~c~ ~ ~ o~ (e.t. ~ or ~, or ~p~ ~ ~p~ble l~ ~)? e. Di~t ~ ~ ~e ph~ ~~t ~W (raciSt 1ow-~e or minod~ 2. POP~ON ~ HOUS~G. Wo~d be a.Cm~afively ex~ o~ci~ rc~on~ ~ p~j~? m~fiy (e.t. ~ proj~t ~ m ~el~ ~a ~ ~ion ~ maj~ ~~)? c. Di~l~ ~ borg, ~i~ ~o~le ho~? 3. GEO~GIC PRO~MS. Would the p~po~ a. Fa~t ~? b. S~c ~ c. Sci~c ~o~d f~, ~cl~ liq~? d. Sci~e, ~, or vol~c ~d? e. L~li~ ~ m~o~? ~o~ cb~g~ m ~by or ~ble f~ ~av~ ~ ~ ~? ~. Subsi~ of~ lind? h. S~ive I. U~q~ ~lo~ or phy~c~ fea~? WA~ Would the p~pm~ ~u~ ~= ra~ ~d mo~t of ~ ~o~ [] [1 [1 [] [3 [] [1 [1 [] [] [] [1 [] [1 [1 [] [1 [] [] [1 [] [] [] [] [3 [] [] [] [] [] [1 [] [] [] [] [] [] [3 [3 [] [] [] [] [] [] [] [1 [] [] [] [1 [] [] [] No [~ IX3 ISSUES AND $UPI'OR'ITNO II~ORMATION $OURCI~S b. Exposure of people or property to water rdat~d hazards such as flooding? c. Discharge m~o surface waters or other alteration of sudace wa~r quality (e.g. temperature, dissolved oxygen turbidity)? d. Changes in the amount of maYace water in any water body? e. Changes in currents, or the course or direction of water movements? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through inteix~tion of an aquifer by cuts or excavations or garough substantial loss of groundwater recharge capability? g. Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? I. Substantial reduction in the amount of groundwater otherwise available for public water supplies? AIR qUALITY. Would the proposal: a. Violate any air quality standard or conUibute to an existing or projected air quality violation? b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d. Create objectionable odors? TRANSPORTATION/CIRCULATION. Would the propossl r~suit a. Ina'ease vehicle trips or Iraflit congestion? b. Hazards to safetyfrom design features (e.g. sharp curves or dangerous totersection or incompatible uses)? c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? ¢. Hazards or bamers for pedestrians or bicyclists? [1 [] [] [] [1 [1 [] [] [] [1 [] [] [] [] [] [] [] [] [] [l [3 [] [] [3 [] [] [] [3 [] [] [] [1 [] [] [1 [3 [] [3 [1 [1 [1 [] [1 [] [] [] [3 [] [l [1 [1 No R:~STA~gPA~'7.PCl l~ { 13 ~sstms A~U SCU'I'OaTmO m~oms~o~ sotmc~s ~ Co~ ~ ~op~ ~ci~ ~p~g ~five ~~ (e.g. b~ ~o~, bi~clc r~)? g. R~, wa~ome ~ ~ ~c 7. ~1OLOOlC~ ~SO~CES. Would the mu. h ~pa~ to: (~lu~g but not iimi~ to pl~, fi~ ~, ~ b~)7 b. ~ly d~i~ ~i~ (e.g. h~mge L~aHy desi~ n~ ~fi~ (e.g. o~ fo~ ~ habimk · Wefl~d habi~ (e.g. m~ ~pm~ ~d v~ ~I)7 e. WH~e ~ or ~afi~ 8. E~R~Y ~ M~ ~SO~CES. Would ~he propose: a. C~ct ~ ~op~ m~ ~afion pl~? b. U~ non-rmew~ ~ m a w~ ~d m~cimt m~? c. Re~i m ~ 1o~ of av~b~ of a ~o~ min~ r~ · at wo~d be of~e v~ ~o ~e m~on ~d ~e ~d~ of ~c State? ~~s. Would the pmpos~ ~voive: a. A fi~ of ~i~ ~1osi~ or ~le~ ofh~ ~~ (~l~g, but not 1~ to: od, p~ci~, c~c~ or r~afi~)? b. P~ible m~ ~ ~ ~g~ ~ pl~ c. ~e ~on of ~y h~ h~d ~ ~fi~ h~ h~7 d. E~o~ ofpmple to e~g ~ ofpo~fi~ h~? e.~ f~ h~d ~ ~e~ ~ fl~able b~ ~, or ~7 [1 [3 [1 [] [] [] [] [] [] [] [] [] [] [] [] [1 [1 [] [] [3 [] [1 [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [1 [] [] [] [] [] [] [] [] No R:'~S'rA~}PAq7.PCI 10/20/9~ nf 14 ISSUES AND SUPPORTING INFORMATION SOURCES 10. NOISE. Would the proposal r~ult in: L Increasc in existing noise levels? b. Exposure of people to severe noise levels? 11. PUBLIC SERVICES. Would the proposal have an effeet upou, or result in · ueed for uew or altered ~over~m~t services in any of the following are~: & Fire protection? b. Police protection? ¢. Schools? d. Maintenance of public facilities, including fonds? e. Other governmental services? 12. UTILFI~S AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: o. ?ower or natural g~? b. Communications systems? ¢. Local or regional water trea~nent or disUibution Storm water drainage? f. Solid w~te disposal? Local or regional water supplies? 13. AESTI[ETICS. Would the proposal: a. Affect a scenic vistn or scenic highway7 b. Have a demonstrable negative aesthetic effect? c. Cre~tc li~t or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [3 [] [3 [3 [] [] [1 [1 [] [] [1 [] [] [1 Ix] [] [] No R: ~TAFFRPT~49PA97 .PC ! 10/'20/97 mf 15 AND SUPPORTING INI~RMATION SOURC!~ b. Disturb amhazological resour, s? c. Affect historical resources? d. Have the potential to cause a physical change which would affect unique ethnic cultural values? e. Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? b. Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environmint, substantially reduce th~ habitat of a fish or wildlife species, csuse a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or ~imal community, reduce the number of restrict the range of a rare or enchngered plant or animal or eliminate important examples of fi~ major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Does the project have impacts that area individually llm/tcd, but cumulafivcly comidcrable? ("Cumulatively considerable" means that the meremental affects of a project ~re considerable when viewed in conn~-Xion with the effects of past projects, the effects of other current projects, and the affects of probable future projects). Does the project have environmental effects which will cause substantial adverse effects on human beings, either · rectly or 'mdirectly~ 17. EABLIF~R ANALYSES. None. [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No R: ~TAFFRIvr~9PAW. IN~I 10/20/97 mf 16 DISCUSSION OF THE ENVIRO~AL IMPACTS Based upon the analysis contained in the Initial Environmental Study, repealing Section 17.24.020(D)(1)(0 of the City's Development Code will not have an impact to the environment in the following areas: Land Use and Planning, Population and Housing, Geologic Problems, Water, Air Quality, Transportation/Circulation, Biological Resources, Energy and Mineral Resources, Hazards, Noise, Public Services, Utilities and Service Systems, Cultural Resources and Recreation. Staff determined there would be a less than significant impact to Aesthetics as a resuk of repealing Section 17.24.020(D)(1)(f) of the City's Development Code. Potential impacts would be mitigated by the Home Owner's Associations (HOA) in the event that any of the CC&R's pertaining to this issue are violated. In areas where the Home Owner's Association is not active, it is assumed that residents located in those areas with the knowledge that this type of enforcement by the Home Owner's Association would not occur. No mitigation measures are required. R:~STAFFRP'V~9PA97.PCI 10/20/97 mf 17 ATTACHMENT NO. 3 CITY COUNCIL STAFF REPORT SEPTEMBER 23, 1997 APPROVe,. ~ FINANCE OFFICER t.~...., CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council\City Manager Gary Thornhill, Community Development Director September 23, 1997 Recreational Vehicle Storage in Residential Districts Prepared By: Debbie Ubnoske, Planning Manager RECOMMENDATION: Provide Direction. BACKGROUND At the August 12, 1997 City Council meeting, Mayor Birdsall requested staff to prepare a staff report discussing recreational vehicle storage in residential districts. Currently, Section 17.24.050(I) of the Development Code restricts the ability of residents to store recreational vehicles in the front and street side yards in all residential districts. Since the implementation of this provision of the Development Code, this has presented some problems due to the size of the lots in most of the residential developments in the City not being large enough to allow storage in areas other than the front or street side yards. As the City's Code Enforcement Officers have attempted to enforce this provision of the Development Code, they have met with resistance from property owners who have no where else to store their trailers, recreational vehicles, and boats. However, the City is currently processing several applications for self storage facilities. These are expected to provide additional storage opportunities. The Sections of the Code that appear to be causing the most concern are as follows: Section 17.24.020(f) states: "Except as provided in herein, vehicles parked within public view in required or authorized parking areas within the front yard, corner side yard or side yard abutting a street shall be parked or left standing for temporary periods of time not to exceed five (5) consecutive days." Section 17.24.050(I) states: "In a residential zone, no portion of the required front yard areas shall be developed or used for vehicular off-street parking other than that portion occupied by the driveway. The curb cut for the driveway shall not exceed twenty four (24) feet in width. This restriction shall apply to automobiles, trucks, buses, trailers, boats, recreational vehicles, and motorc~/cles." The City's Development Code requires at least one residential side yard to be at least 10 feet wide. A 10 foot side yard setback is wide enough to allow vehicular access to the side and rear of the property for vehicle storage. In contrast, the previous County land use ordinance required only a five (5) foot minimum side yard. R:~'TAFFR-!s~VE.t'tSTOR.CC 9/15/~7 kJb 1 It is staff's opinion that Sections 17.24.020(f) and 17.24.050 (I) may not be reasonable give~. that so many of the City's residential areas have already been built with a narrow side yard on both sides thereby making it difficult to store recreational vehicles in any place other than the front of the residence. In addition, the Development Code contains no provisions for an exception/appeal process should such a process be needed due to prior conditions created by the County. FISCAL IMPACT None. R:~STAFFRPT',VEHSTOR.CC 911519'7 kib 2 ATTACHMENT NO. 4 CITY COUNCIL ~ SEPTF.,M:BER 23, 1997 R:~STAFFRPTLM9PA97.PC1 10/20/97 mf 19 City Council Minutea 1997 25. RecreationAl Vehicle ~torage in Residential ?ones Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall stated she feels the City should not assume additional responsibility for Homeowners Association CC&R's. Councilmember Stone asked if other cities have been contacted to see how they address this issue. Community Development Director Gary Thomhill stated the vast majority of cities do not get into strong regulation of these issues. City Manager Ron Bradley explained the basic underlying authority on this issue is the California Vehicle Code whose provisions prevent long-term parking on public streets. He stated there are cities who adopt more stringent codes. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to assume no additional responsibility for enforcement of Home Owners Association CC&R's and to direct Code Enforcement not to enforce Section 17.24.020(f) and Section 17.24.050(I). Community Development Director Gary Thornhill, explained that the language on 17.24.050(I) was meant to address vehicles being parked on front lawn areas, and suggested the motion be amended to come back with language that addresses this more clearly. Mayor Pro Tem Roberts amended his motion, and Councilmember Ford amended his second to also direct that the matter of enforcement for vehicles parked in front lawn areas will continue to be vigorously pursued under the City zoning codes and applicable government code sections, until such time as language can be clarified. The motion carried with Councilmember Stone abstaining, stating he would like to have more information before voting on this matter. 26. ~ity ~-ouncil Meeting Schedule - October. November and ~ecember 1997 Minute.~Og~23/07 - 11- 10/09/97 ATTACHMENT NO. 6 PLANNING COMMISSION STAFF REPORT FEBRUARY 2, 1998 R:~TAFFRFI~4~PA~7~4 ~2~/95 ntf 25 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Manager ORIGINAL February 2, 1998 Storage of Recreational Vehicles In Residential Zones Prepared by: Matthew Fagan, Associate Planner RECOMMENDATION: Planning Department Staff Recommends the Planning Commission: Review the options presented by Staff, and direct Staff regarding the storage of recreational vehicles in Residential Districts BACKGROUND The City's Development Code was adopted on January 25, 1995 and included provisions for the City to regulate on-site storage of recreational vehicles in residential zones. Prior to the adoption of the Development Code, the enforcement was left to Homeowner's Associations (HOA's) in areas where they existed in the City. In areas where there were no HOA's, no regulations covered the on-site storage of recreational vehicles in residential zones. Since the adoption of the Development Code, Code Enforcement staff have been enforcing this provision of the Development Code based upon complaints from residents. At the August 12, 1997 City Council meeting, Mayor Birdsall requested staff prepare a staff report discussing the issue of recreational vehicle storage in residential districts. Staff brought this report before the Council on September 23, 1997. At that meeting the City Council directed staff to delete Section 17.24.020(D)(1)(f) of the City's Development Code pertaining to recreational vehicle storage in residential areas. This Section, which intends to allow temporary on-site storage of recreational vehicles in residential zones states: 'Except as provided herein, vehicles parked within public view in required or authorized parking areas within the front yard, corner side yard or side yard abutting a street shall be parked or left standing for temporary periods of time not to exceed five (5) consecutive days." Since deletion of this Section of the Development Code would require an Ordinance Amendment, this item was placed on the November 3, 1997 Planning Commission agenda. -However, upon further consideration, the Council directed staff to conduct additional research on this matter. Staff requested this item be continued at the November 3, 1997 Planning R:~.~TAPPRPT'~R¥-RP..~.PCI 1/28/98 tn~ 1 Commission meeting to the December 1, 1997 Planning Commission hearing. Staff requeste~ this issue be continued off-calendar at the December 1, 1997 meeting. Since that time, staff has conducted research on this issue. The result of this research is provided below. ANALYSIS Research Conducted Staff contacted over one dozen municipalities to determine how they address the issue of on- site storage of recreational vehicles in residential zones. It was determined from this research, that there are many approaches to regulate the on-site storage of recreational vehicles in residential zones. The options presented below are in response to the comments made by residents and are based upon regulations of other Cities. Staff is open to any other options the Commission may suggest. Option No. I - Utilize Current Code Provisions: Prohibition This option would be to direct staff to utilize the current provisions contained in the Development Code to prohibit long-term parking/storage of recreational vehicles in front yards of residential zones. Recommendations received in letters from residents include: increased enforcement by the City and the inclusion of significant penalties for infractions. Increased enforcement would require additional staff resources. As stated above, enforcement of the Code was primarily driven by complaints received from residents. According to Codr Enforcement staff, enforcement of this item required approximately 30-40% of their staff hour-< and would require the same if they were to pro-actively enforce the Ordinance. In order to effectively enforce these regulations, one-half of a Code Enforcement staff person would be required at the current time. The cost to the City (in 1998 dollars) would be $27,259.00 annually. This figure would likely be higher in future years. It should be noted that, if an additional staff member is not added, other areas of code enforcement will be impacted. In addition, with the current residential growth in Temecula, at approximately 700 new homes per year, the limited staff resources would be stretched even thinner. Option No. 2 - Delete Section 17.24.020(D)(l)(f) of the City's Development Code: No Regulation This option would delete the current Development Code language, and result in the City not regulating recreational vehicles on private property in residential zones. This option, which would result in the same condition which existed before the adoption of the Development Code, would place the burden for enforcement upon the individual HOA's, and would result in no regulation in areas of the City where HOA's are inactive or do not exist. According to several residents who have served on the Board of Directors for a HOA, enforcement is expensive, time consuming and ineffective. Correspondence from several residents (see Attachment No. 1) indicates that they are not in favor of this option, while one resident was in favor of this method of regulation. At the request of the Council, staff contacted the City of Irvine and was informed that they leave the enforcement of this regulation with the HOA's. R:~TAFFRI~"~V-RP~.PCl 1F28/98 m~ ~ Option No. 3 - Modify Section 17.24.020 (D) of the Development Code: Prohibition with Exemptions for Special Circumstances Several cities {Palm Springs, Palm Desert and Poway) allow parking/storage of recreation vehicles in a front yard, if it is not possible to store them in either the side or rear yard or a separate garage. These cities allow a recreational vehicle to be parked in a front yard if the area is paved. Palm Springs and Palm Desert require the owner to receive a permit to park the recreational vehicle in the front yard area. To receive a permit, the Planning Department of these cities provides written notice to property owners within 300 feet of the proposed location of the recreational vehicle. Should a written objection be received or should the Planning Department determine not to issue the permit, then the matter is referred to the Planning Commission which holds a noticed public hearing with respect to the issuance of a permit. This option would require additional staff time to process the applications. An application fee would be assessed to the homeowner to offset staff time, materials and postage for the public hearing. Code Enforcement staff also be required for violations. Given the current interest in stronger regulations to prohibit the storage/parking of recreation vehicles on-site in driveways, and the additional time requirements placed upon the current staff, this option does not appear to achieve that objective. On-Street Parking of Recreational Vehicles One resident discussed prohibiting the storage of recreational vehicles on the street. On-street parking is regulated by the State Vehicle Code and in enforced by the Police Department. The code allows on-street parking as long as the vehicle is legally parked and is not left standing longer than 72 hours. According to Code Enforcement staff, this regulation is directed more towards inoperable vehicles and is easily and regularly avoided by those who move their recreational vehicles within the time limits of the existing code provisions. Correspondence Received Since this item has appeared on the original City Council agenda, staff has received a number of letters from residents regarding this issue. In addition, staff has received telephone calls and talked to residents at the public information counter at City Hall. The letters have been forwarded to the Commission or Council as they have been received. All but one letter were in favor of maintaining the current regulations regarding the parking/storage of recreational in residential zones. The letters have been included as Attachment No. I to this Staff Report. Attachments: 1. Letters from Residents - Blue Page R:~I'AFFRPT~V.RF~.PCI 1F28/98 mf 3 ATTACHMENT NO. 1 LETTERS FROM RESIDENTS R:~.qTAPFRPT~RV-RP.S.PCI 1/28/98 at/ 4 X. Bradley G. Thornhill October 24, 1997 Temecula City Council OCT 2, 199 Dear Council: We have lived in Temecula for eight years and are proud to say there is very little to complain about. Our City Council listens and acts for all our behalf. In today's politics, this is unusual and appreciated. The issue of RV and boat parking in our residential areas is of concern to us for two reasons: (1) If our City Council can elect to not enforce the Codes of Record what other laws and codes can they elect to not enforce? (2) With the "announcement" that this code will not be enforced. we have in effect given an open invitation for more of what is already a blight on our neighborhoods. Many times the parking of RV's and boats on the driveways necessitates excessive automobile parking in the streets or cul-de-sacs. Policing is not a problem he the fine for infraction ls high enough and well published. A $500.00 per day fine will clean up what is beginning to look like a resort parking lot throughout our beautiful city. Mr. Roberts and Ms. Birdseli must start looking around more and listen to the electorate. This city is larger than just Meadowview! We applaud the efforts of Mr. Swne and Mr. Lindennan who on aH issues have the pulse of our entire community. Mr. Ford, you will do well to follow their examples. We urge all of you to reconsider this issue and perform the job you were elected to do. Please obey and eraCorce our laws; they are there for a good reason and it is not your job to excuse them. etty Jo Porter 40221 Tuolomne Court 909/699-6968 TEMECULA CITY MANAGER AND PLANNING COMMISSION MEMBERS Dear "~..~. /~~, We thank the board members for hearing our plea on Monday evening November 3rd, to stop permanent parking of RV'S and boats on driveways, lawns and streets in residential areas. City Council members Mr. Stone, Lindermans and Roberts were not aware of the seriousness of this problem until they came to our neighborhoods. In fairness to yourself and us homeowner taxpayers, I urge you to give just 30 minutes of your time and persoally come out and see what has happened to this beautiful city. I recommend you drive the following streets; Calle Medusa, Chaunce~ Way, Yardley Ct., Wellington Circle and the worst of all Windsor Road. The answer to this problem is not Home Owners Associations. Its evident that HOA can not enforce this unless the city invokes and enforces an ordinance to prohibit this sort of thing --- and please realize that about one third of the developments in our city do not have HOA,S. The California vehicle code governing residential street parking is not working. Also, n/ether is development code chapter 17.24 and chapter 10.32. They will never work until rewritten. The penalty must be stronger than "Violation of any provision of this subsection shall be punishable as an infraction". We suggest it read "Violation of any provision of this subsection shall be given a three day notice to correct the infraction or be fined $100.00 per day until corrected. After the third day the owner will be cited and fined at rate of $100.00 per day until the infraction is corrected. The vehicle, trailer, RV, boat etc may be impounded at the cities descretion and the fine shall continue until claimed and fine is paid." It should be published in all local newspapers that this ordinance would become effective in 30 days.. Please help us keep this city beautiful. Edward V. and Evelyn D. Salitore 42733 San Julian Place Temecula, Ca 92592 December 1, 1997 Honorable Councilman,~arel Lindermans City of Temecula P.O. Box 9033 Temecula, Ca 92589-9033 cc: Gary Thornhill RE: CITY OF TEMECULA PARKING REGULATIONS OF MOTOR HOMES,TRAILERS BOATS Dear Councilman Lindermans: We purchased our Lake Village home in 1973,the year Lake Village was founded. In those early days beforethe Incorporation,Lake Village was a quiet,laid-back, slow-moving off the beaten path community. The ideal'setting that my wife Evelyn and myself were looking for upon our retirement from the exciting and fast moving life-style demanded by our ownership and administrative involvement in News- paper and Text book publishing business in Los Angeles and Orange Counties. Upon our retirement in 1978, we made the BIG MOVE to our small Rancho Calif. (Lake Village) retirement home,worlds away we thought then,from the hectic, never ending "Rat Race" of Los Angeles and Orange Counties. During most of our almost 20 years of living here in Lake Village, we have owned and parked our Motor Home in our driveway, without problems. We heartily disagree with the JOHNNY COME LATELY DISGRUNTLED DISSIDENTS,that our Motor Home is a blight and eyesore to our neighborhood. However,we would gladly park it behind our fence it it were possible to do so. unfortunately our lot is situated in such a way that it is impossible to park it behind our fence. We have a large investment in our Motor Home which is kept in excellent condition at all times and is considered as one of our most cherished possessions. It is furnished,packed and "ready to go" on short notice, which we take advantage of quite often for weeks and months at a time. Any thought of driving it to a storage lot, even if one were close by, between trips and subjecting our Motor Home to burglaries, and vandalism is entirely out of the question. -more- Temecula City Councilman -2- Ed & Erie Salitore IN CONCLUSION --FOOD FOR THOUGHT: 1)Motor Homes,trailers,boats, and recreational vehicles should be allowed to be parked on driveways, when it is not feasible or possible to park them behind the fenced or screened area of such property. 2) Most owners of Recreational vehicles are honest,law-abiding ,tax paying civic minded citizens and a credit to our Community. 3) JOHNNY COME LATELY DISSIDENTS should not be encouraged in their unjust and unwarranted self serving demands against all owners of Recreational Vehicles. They knew what the conditions were relative to the policy of the City of Temecula ,on Recreational Vehicles at the time they made the decision to move here. 4) Where flagrant abuse of reasonable regulations exist, the parties responsible for the abuse should be held responsible. In closing we are really happy to let you know we Voted for you and have been strong supporters of the actions and efforts of our City Council,including,and ever since Incorporation. Thanking you in advance for your kind indulgence, and it is our fervent hope that you and all your loved ones are blessed with a Happy, Healthy,and better than eve coming Holiday Season and New Year. Sincerely, Ed and Erie Salitore 42733 San Julian Pl.(Lake Village) Temecula, Ca 92592 Phone: (909) 676-6355 ENCL: cc: Photograph enclosed showing our Motor Rome as it is,parked in our driveway. Council Members Birdsall Cormerchero Ford ~Lindemans R6berts Stone Planning Comm. Fahey 4 November 1997 Whom It May Concern City of Temecula NOV 1 0 1997' Re: Attached Letter We request that copies of the enclosed letter be provided to each member of the City Council and P!snning Commission before their next meetings on this subject. Sincere~ 4 November 1997 Temecula City Coundl and Temecula Planning Commission 43200 Business Park Drive Temec,,i~, CA 92390 Re: Repeal of Section 17.24(D)(1)(f) of the City's Development Code Pertaining to Recreational Vehicle Storage in Residential Areas At a 3 November meeting of the Temecula Planning Commission the referenced agenda item was withdrawn from consideration pending further study of the issue. However, before moving on to the next agenda item, the Planning Commission provided opportunity for the public to voice concerns about the proposed repeal. We would like to comment, in greater detail than the three minute Commission Limit allows, on two issues raised during the public responses. Enforcement: Three comments here. First: Cornm~ssioner Guerriero asked about numbers of personnel needed to enforce the code. Why has the code not been forcefully enforced to date? Had it been enforced with vigor the number of personnel needed at this time would not be significant. Residents would have been made aware of the inconveniences involved in violating the code. Initial vigorous enforcement activities at this time might require additional personnel to be used, but a lower level would ul~m~tely be required. The code enforcement must include significant penalties. Some people have to be hit over the head with a 2 x 4 to get their attention. Second: One speaker from a Homeowner's Association noted that asking the HOAs to enforce parking regulations pits neighbor against neighbor, leading to neighborhood feuds and hatred. He suggested that the City is the better regulatory agency. Comment: Our experience in 3 HOAs over the last 16 years is that the speaker is right. Asking the HOAS to enforce parking regulations on city owned streets can lead to feuds, anger, and, in extreme cases -- violence. The city owns the streets. The city has an enforceable code on the books. The city should enforce it. Without that enforcement the HOAs are forced into long, expensive, and sometimes losing legal battles with people who have little regard for their neighbors, their neighborhood, or property values. "Curb appeal" is a significant factor in home re-sale. A cluttered neighborhood reduces curb appeal. Third. Other cities can and do enforce the same or similar parking regulations. Temecula can either help maintain the beauty of its neighborhoods or remove the code and contribute to their deterioration. RV. Ro~t~. E~. ~qtor~e: We note that an agenda report concerning this item states that the City's Code Enforcement Officers °'hape met with resistance from property owners who have no where else to store their trailers, RVs, and boats. However, the City is currently processing several applications for self storage facilities. These are expected to provide additional storage opportunities." Comment: Are the majority of City residents to be penalized because some residents will not accept their responsibilities as citizens of Temecula and (where they live in HOAs) members of HOAs? Ignorance of the law has never been a legal defense. People with RVs, trailers, boats, tanks, giant earth movers, tar roofing trucks, elephants, and Siberian Yaks have a responsibility that we all share - to conform to all established laws, codes, rules and regulations-- whether they like them or not. We appreciate your consideration of these items as you move to reconsideration of this issue. We urge retention of the code -- and its vigorous enforcement. Sincerely, 3223~7 Placer ~elair Temecula, CA 92592 693-0929 cc: The Califorman November 17, 1997 TO ALL MEMBERS OF THE TEMECULA PLANNING COMMISSION: This is one more concerned citizen's appeal to PLEASE, PLEASE retain and enforce the City's Develop- ment Code pertaining to recreational vehicle storage in residential areas, and illegal parking on City streets. Please help the majority of the citizens,who love Temecula, to maintain and enhance this beaUTIFUL CITY. It will invite responsible growth and pride of owner- ship. Street clutter and ugliness of RVs parked on streets and in yards, add to deterioration of neighbor- nOdds. Property values decrease. Citizens who enjoy Living i~ W~!.9~$Q~ained, beautiful neighborhoods, with pride of ownership, will move out, and those who do not care will move in. Home values will hit rock bottom in these blighte0 neighborhoods. The appeal of 3ohn Lynn, published November 13th in the Californian contains many points of concern, which we share. The following portion of his appeal, bears repeating: "Third: Other_cities can and do enforce the same or similar parking regulations. Temecula can ei~he'r help maintain the beauty of the neighborhoods or remove the code and contribute to their deterioration." Thank you for considering our concerns. MRS. MARIE DUNN 30156 La Primavera, Temecula Phone: 676-3059 V~A FJ&,O[ 20October 1997 TO: Ctty Counct1Paanbe~s Ctty of Temecula SLJBJECT: Chapter 17.24 of Oevelopment Code - Sectton 17.24.020 Off-Street Parktrig and Loadtng My name !s Joanne Phtlllps and [ restde, ¥tth aty husband, 011yet at 30361Trade~ater Ct. tn the Ctty of Temecul&. The Ctt¥ Count11 has had various discussions recently regarding Off- Street Parktng, and more specifically as per~afns to RVs, boats, etc.. Back on 6 August 2997 ! sent a FAX (copy attached) to Hs. Ctndy Ketrsey Code Enforcement Offtcer, for the CtTy of Temecula - regarding a violation of the subject Code, Section 17.24.020. This specifically ~resses. t~e f~ct of.motorhomes parktrig on the street legally for a ~ oay perleo and then being able to move tt to the other stde of the street and betrig able agatn to leave it there for another 6 da~s, etc. !t ts hard for me to understand ho~thts can be allowed! He have a beoutt~ul c~t¥ and you, as members of the C~ty Council, ar~ a11owtnq thts type pf unsightly ~htngs to occur. HOld ~ TH~S BE?????? ~e are members of the The Vtllages Hone Okmers Association group and our CC&Rs restrict ove~tght parktng tn the streets - ho~ever, tt can- not be enforce BECAUSE THE C~TY OF TEFECULA !S NOT NiLLING TO BACK US UP. He, too,have a motor home - tt ts parked behtnd ga~es (1egaTly accelling to our CC&Rs) because we belteve tn following the rules - ! know rules are made to be broken - but that ts not how tt should be. if~e leave our motorhom~ out parked tn our drtve~ay for a day or two whtle we are getttng ready to go on a trtp or are cleaning/washing same and the homeowners association comes by and sees tt there, ~e are Immediately nottfted TO move same - and ft's on our o~m prope~cyl ! belteve It ts about ttmo that our Ctty CounctT look out for the vast m~lorlty of the ctttzens of thts great otty and de¢tde to put a law tnto affect that dtsalTo~s overnight parktn9 or continuous parktng of motor- homes, boats, btg trucks, etc. on our streets. PLEASE TAKE NECESSARY ACT!ON TO STOP THiS TYPE OF THING FROM RU~NZNG OUR CiTY AND CAUSING PROPERTY VALUE TO GO IX)kIN TO SAY NOTHING O~ THE FACT THAT IT LOOKS ABSOLUTELY TERRZBL£ - IF HE HANTED TO LiVE LIXE TRASH HE SURE I~OULDN'T HAVE NOVED HERE. SINCERELY, ~. ~O]I~INE PHiLLiPS (676-4466) 20 October 1997 TO: CJty CouncJ11dembers Cttyof Temecula SUB~£CT: Chapter 17.24 of Development Code - Sectton 17.24.020 Off-S~'eet Parktng and Loadtng My name ts Joanne PhtlIJps and [ ~stde, wtth RY husband, 011yet at 30361 Trade, aCer Ct. tn the City of Temecul&. The City Count11 has had various discussions recently regarding Off- Street Parktrig, and mor~ specifically as pertains to RVs, boats, etc.. Back on 6 August 1997 [ sent a FAX (copy attached) to Hs. Ctndy Ketrsey Code Enforcement Officer, for the Ctt~ of Temecula - regarding a violation of the subject Code, Section 17.24.020. Thts specifically addresses the fact of motorhomes parktng on the street legally for a 6 day perrod and then betng able to move ~t to the other s~de of the street and betng able agatn To leave Jt there for another 5 days, etc. Zt ts ha~d for me to under~tand ho~thts can be allowed! ~e have a bequtfful ctty and .you, as members of the C{ty Count11, are allowing thts tYDe pf uns.tghtl~ thtnqs to pccur. HO~AJ~ TH~S ~£?????? #e are members of the The ¥tllages Home Okmers Association g~oup and our CC&Rs restrtct ove~tght parktng In the streets - ho~ever, tt can- not be enforce BECAUSE THE CiTY OF TEFECULA IS NOT HZLLING TO BACK US UP. He, too,have a motor home - Jt 1s parked behtnd gal~s (1egaTly acco~ltng to our ¢C&Rs) becausewe belleve tn following the rules - ! kno~ rules are made to be broken - but that ts not hw tt should be. If we leave our motorhomo out parked tn our drJve~ay for a day or t~o whtle tve are gettJn6 ~eady to go on a trtp or ar~ cleaning/washing same a~d the homoo~ners association comes by and sees It there, we are Immediately nottfted to move same - and ft's on our o~m prope~'cyl i belteve tt ts about ttme that our City Council look out for the vast maJortry of the ctttzens of this great ctty and decide to put a law Jnto affect that disallows overnight parktng or continuous parktng of motor- homes. boats, btg t~ucks, etc. on our streets. PLEASE TAkE NECESSARY ACTION TO STOP TIJZS TYPE OF TIJZXG FROH RUZNiMG OUR CiTY AND CAUSXNG PROPERTY VALUE TO GO DOHN TO SAY ~OTHZNG OFT HE FACT THAT it LOOKS ABSOLUTELY TERRIBLE - iF I~[ k/ANTED TO LiVE LiKE TRASH HE SURE t~OULDN'T HAYE HOVED HERE. SZNCERELy, (676- 4 6) ~c: G. Thornhill 2 December 1997 Linda Fahey Chairwoman, Temecula Planning Commission 43200 Business Park Drive Temecula, CA 92390 Dear Ms Fahey: At the 1 December meeting of the Temecula Planning Commission discussion pertaining to a section of the City's Development Code was "continued off calendar". That section has to do with storage of recreational vehicles in residential areas. A review of the doc~,ments provided to the public at that meeting indicates some Planning Commission and/or staff confusion regarding the subject. - The December 1 agenda provided to the public provides the following regarding this subject: "Proposal: Rej, enl ,qection 17. ~.4(D)(1)(/) of the City's Development Code Pertaining to Recreational Vehicle (RV) Storage in Residential Areas" - A memorsnd~,m to the Planning Commission from Debbie Ubnoske, Planning Manager provides the following concerning the same subject: Subject: Planning Application No. PA97-0349 - Amendment to Section 17.24.020(D)(1)(f) of the City's Development Code Pertaining to Recreational Vehicle (RV) Storage in Residential Areas" Ms Ubnoske -- in her "Background" section of the memo states that "The City Council originally directed staff to amend Section ............... " The subject was titled "Repeal" at the 3 November Planning Commission meeting -- now it appears that a decision has been made without public notice to modify the original subject to one of "Amendment". Further, the section of the D~velopment Code cited is different. Did we miss notification by the Planning Commission that the original subject had been changed? Has it been chz,~ged? Was the original subject in error? Is the staff in error? The public has a right to accurate information concerning proposed changes; if for no other reason than to be able to respond intelligently to those proposals. Response to a proposed rRP. e,~ is very different from that for an zmendrnent. In regards the same'subject -- but with a different focus: When several people show up at a meeting of the Planning Cornmission anticipating a discussion of a topic and are then notified that the subject is being "continued off calendar" it can -- it does -- make those people suspicious of the reason(s) for the continuance. For exsmple: - Is the Planning Commission just waiting for people to lose interest so that they can do what they want without being in the spotlight of public pressure? - Are members of the Commission or their staff predisposed to repeal or amend the section regardless of public opinion? - Is pressure being exerted by the City Council? I don't accuse either the City Council or the Commission or its staff of any of these motives. I only list them as ways the public can -- and often does -- think about their gorefoment. I would like to think that the reason for the continuance has to do with an overworked staff who just haven't have enough time to complete their task Might I s ,ug,~gest that some explan,a, tion to the public is warranted when a subject is Continued off calendar ? There is a lot of public suspicion of government today, both locally and nation wide. You could help reduce that suspicion in Temecula by the Simple act of providing a rational explanation of the reasons. A copy of my original letter to 'the City Council and the Planning Commission is included. I wish to ensure that my views as a citizen of Temecula are considered when the subject is again considered. Sincerely, 32~7 Plier Belair Temecula, CA 92592 693-0929 Enclosure cc: r~eemecula City Council The Californian 4 November 1997 Temecula City Council and Temecula Planning Commission 43200 Business Park Drive Temecula, CA 92390 Re: Repeal of Section 17.24(D)(1)(f) of the City's Development Code Pertaining to Recreational Vehicle Storage in Residential Areas At a 3 November meeting of the Temecula Plnnning Commission the referenced agenda item was withdrawn from consideration pending further study of the issue. However, before moving on to the next agenda item, the Planning Cowmi ssion provided opportunity for the public to voice concerns about the proposed repeal. We would like to comment, in greater detail than the three minute Commission limit allows, on two issues raised during the public responses. Enfore~.m~.nt: Three comments here. First: Commissioner Guerriero asked about numbers of personnel needed to enforce the code. Why has the code not been forcefully enforced to date? Had it been enforced with vigor the number of personnel needed at this time would not be signi6cant. Residents would have been made aware of the inconveniences involved in violating the code. Initial vigorous enforcement activities at this time might require additional personnel to be used, but a lower level would ul~.im~,te]y be required. The code enforcement must include significant penalties. Some people have to be hit over the head with a 2 x 4 to get their attention. Second: One speaker from a Homeowner's Association noted that asking the HOAs to enforce parking regulations pits neighbor against neighbor, leading to neighborhood feuds and hatred. He suggested that the City is the better regulatory agency. Comment: Our experience in 3 HOAs over the last 16 years is that the speaker is right. Asking the HOAs to enforce parking regulations on city owned streets can lead to feuds, anger, and, in extreme cases -- violence. The city owns the streets. The city has an enforceable code on the'books. The city should enforce it. Without that enforcement the HOAS are forced into long, expensive, and sometimes losing legal battles with people who have little regard for their neighbors, their neighborhood, or property values. "Curb appeal" is a significant factor in home re-sale. A cluttered neighborhood reduces curb appeal. Third. Other cities can and do enforce the same or similar parking regulations. Temecula can either help maintain the beauty of its neighborhoods or remove the code and contribute to their deterioration. o !~V. ]~t~. F.,~..qtor~: We note that an agenda report concerning this item states that the City's Code Enforcement Officers "have met with resistance from property owners who have no where else to store their trailers, RVs, and boats. However, the City is currently processing several applications for self storage facilities. These are expected to provide ~,~rl. itional storage opportunities." Comment: Are the majority of City residents to be penalized because some residents will not accept their responsibilities as citizens of Temecula and (where they live in HOAs) members of HOAs? Ignorance of the law has never been a legal defense. People with RVs, trailers, boats, tanks, giant earth movers, tar roofing trucks, elephants, and Siberian Yaks have a responsibility that we all share -- to conform to all established laws, codes, rules and regulations-- whether they like them or not. We appreciate your consideration of these items as you move to reconsideration of this issue. We urge retention of the code -- and its vigorous enforcement. Sincerely, M/M John Lynn 32237 Placer Belair Temecula, CA 92592 693~0929 cc: The Califorman JTuesdey December 9, 1997 12:~m -- F~au '310 ~68' -- Pege l J 12/09/97 13:23 FAX 310 3. 4488 CZTY OF R.H.E. ~J001 CITY COUHCIL POLICY FARK:!:lqG OF RECREA~ON VEKICLES IN THE CITY OCTOBER 28, 1976 HUNICI_PAL CODI~ SECTION 1827(h)(1) 'NO HOTOF, VEHICLE CAN BE STORKD OR PARKE~ EXCEPT IN AN KNTIR~LY ENCLOSED SPACE.' HUNICIPAL CODK SECTION 1827(h)(3) 'SUCK PARKING SPACES SHALL Be. LOCATED I[N THE REAR OF THE FRONT SETSAll LIHE, I.~rcE1,T IN HOUN~ATN AREAS ~ HIL~ LO~ ~ At £he meeting of the City Council on October 26, 1976, the following policy of enforceuent of the forefoing. Sections fo the Munic~pal Code (Zonin~ Code***D~recced the City Hanager: TO ENFORCE THE ZONING CODE PROVISIONS RELATIVE TO PARKING OF RF, C~TION VEHiCLeS IN ~0~ Y~ S~~, S~C ~ POLI~ ~T IF SU~ ~~ ~ P~ ~ ~S~E ~ ~ Y~ B~ ~ FRO~ Y~ S~ ~ IS ~A~LY S~~ ~N V~ BY F~, WAT.T. ~ ~U~ERY IT ~ BE P~~D. This policy sta~emen~ co be ploced in the Zoning Code in front of Article IX, Section 1827(h). November 15, 1997 NOV 2 0 199~ Mr. Ron Bradley City Manager City of Tcmccula 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Bradley: The issue of Recreational Vehicles (Campers, Boats, Trailers, Fifth Wheels, and Motor Homes) in our residential area is of concern to me. On Villa Alturas Drive, where I live, there is a Rec~nal Vehicle parked in a driveway on blocks to keep it level -- as it is being used as an extra bedroom! Just a few houses beyond the mobile bedchamber, a welding business is operating out of the garage, and unsighfiy old cars are being worked on in the street and driveway.' This was once a lovely neighborhood in a beautiful city, but is now just one of many Temecula su'eets .that is beginning to look run down and ragged. I want to see the City Code enforced, but the existing laws don't appear to be clear or enforceable, as written. Perhaps the vehicle code governing residential parking needs to be rewritten so that it is Cl..E~ AND PRECISE and carries a HEFTYMONETARY PENAL17'; one STRONG ENOUGH to deter violators. Let's strive to keep The City of Temecula a city we can all be proud off Sincerely yours, Marcia Watkins ATTACHMENT NO. 7 CITY COUNCIL/PLANNING COMMISSION STAFF REPORT APRIL 21, 1998 R:~TAY~RPT~MgPA9?.P~A ~! mf 2(~ APPR~.~ CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER -~.~.~- TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Commission Gary Thornhill, Community Development Director April 21, 1998 Storage of Recreational Vehicles in Residential Zones Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department recommends the City Council and Planning Commission: Receive the Staff Report and Provide Direction to Staff Regarding the Storage of Recreational Vehicles in Residential Zones BACKGROUND At the August 12, 1997 City Council meeting, Mayor Birdsall requested staff prepare a report discussing the issue of recreational vehicle storage in residential districts. Staff brought this report before the Council on September 23, 1997. At that meeting the City Council directed staff to delete Section 17.24.020(D)(1)(f) of the City's Development Code pertaining to recreational vehicle storage in residential areas. This Section, which intends to allow temporary on-site storage of recreational vehicles in residential zones states: "Except as provided herein, vehicles parked within public view in required or authorized parking areas within the front yard, corner side yard or side yard abutting a street shall be parked or left standing for temporary periods of time not to exceed five (5) consecutive days." Since deletion of this Section of the Development Code would require an Ordinance Amendment, this item was placed on the November 3, 1997 Planning Commission agenda for Commission action. However, upon further consideration, the Council directed staff to conduct additional research on this matter. At the November 3, 1997 Planning Commission meeting, staff requested this item be continued to the December 1, 1997 Planning Commission hearing. Staff then ~equested this issue be continued off-calendar at the December 1, 1997 meeting until the research was conducted. Staff placed this item on the Commission Business section of the February 2, 1998' Planning Commission meeting and requested that the Commission provide direction to staff regarding three potential options (discussed below in the Analysis Section) for recreational vehicle storage R:\STAFFRFT~RV.PC-CC.NO1 4/10/98 klb 1 in residential zones. After reviewing the options and receiving public testimony from seventeen residents, the Commission unanimously (4-0, Commissioner Soltysiak was absent) recommended that the existing Development Code provisions remain in effect and be enforced with the existing penalties. They also recommended that additional staff resources recluired for effective enforcement be considered by the Council. it should be noted that of the seventeen residents who spoke at the Commission hearing, sixteen were in favor of enforcing the existing provisions of the Development Code. This item was tentatively scheduled for the March 17, 1998 City Council meeting; however, staff was directed to remove this item from the that meeting's agenda and not bring it before the Council until after a joint City Council/Planning Commission Workshop could be held to discuss the item. ANALYSIS ODtions Presented by Staff presented three options to the Planning Commission at their February 2, 1998 meeting based upon the research conducted on this issue. Option No. I - Utilize Current Code Provisions: Prohibition This option would be to direct staff to utilize the current provisions contained in the Development Code to prohibit long-term parking/storage of recreational vehicles in front yards of residential zones. Recommendations received in letters from residents include: increased enforcement by the City and the inclusion of significant penalties for infractions. Increased enforcement would require additional staff resources. Enforcement of the Code has been primarily driven by complaints received from residents. According to Code Enforcement staff, enforcement of this item has recluired al~proximately 30-40% of their staff hours and would require the same if they were to pro-actively enforce the Ordinance. In order to effectively enforce these regulations, one-half of a Code Enforcement staff person would be rec~uired at the current time. The cost to the City (in 1998 dollars) would be $27,259.00 annually. This figure would likely be higher in future years. It should be noted that, if an additional staff member is not added, other areas of code enforcement will be impacted. in addition, with the current residential growth in Temecula, at approximately 700 new homes per year, the limited staff resources would be stretched even thinner. Option No. 2 - Delete Section 17.24.020(Di(l)(fJ of the City's Deveioprnent Code: No Regulation This option would delete the current Development Code language, and result in the City not regulating recreational vehicles on private property in residential zones. This option, which would result in the same condition which existed before the adoption of the Development Code, would place the burden for enforcement upon the individual Homeowner's Associations (HOA's), and would result in no regulation in areas of the City where HOA's are inactive or do not exist. According to several residents who have served on the Board of Directors for a HOA, enforcement is expensive, time consuming and ineffective. Correspondence from several residents (see Attachment No. 1) indicates that they are not in favor of this option, while one resident was in favor of this method of regulation. At the request of the Council, staff R:~STAFFR. PT~RV. PC-CC.NOI 4110/98 Idb 2 contacted the City of 'Irvine and was informed that they leave the enforcement of this regulation with the HOA's. Option No. 3 - Modify Section 17.24.020 (D) of the Development Code: Prohibition with Exemptions for Special Circumstances Several cities (Palm Sl~rings, Palm Desert and Poway) allow I~arking/storage of recreation vehicles in a front yard, if it is not possible to store them in either the side or rear yard or a sellarate garage. These cities allow a recreational vehicle to be parked in a front yard if the area is paved. Palm Springs and Palm Desert require the owner to receive a permit to park the recreational vehicle in the front yard area. To receive a permit, the Planning Department of these cities provides written notice to property owners within 300 feet of the proposed location of the recreational vehicle. Should a written objection be received or should the Planning Department determine not to issue the permit, then the matter is referred to the Planning Commission which holds a noticed public hearing with respect to the issuance of a permit. This option would require additional staff time to process the applications. An aplDtication fee would be assessed to the homeowner to offset staff time, materials and postage for the public hearing. Code Enforcement staff would also be required for violations. Given the current interest in stronger regulations to prohibit the storage/parking of recreation vehicles on-site in driveways, and the additional time requirements placed upon the current staff, this option does not appear to achieve that objective. On-Street Storace/Parkin~ The issue of on-street storage/parking of recreational vehicles was raised by several residents and was also discussed by the Commission. The residents understood that on-street parking is regulated by the California Vehicle Code; however, they stated that the intent of this regulation was being circumvented by people who regularly move their vehicles within the prescribed 72 hour period. Their concern was that if the City were to strongly enforce the existing Development Code regulations, then there would be a proliferation of on-street parking of recreational vehicles. Some residents stated they would like to see the City involved in stronger on-street parking regulations. Citv of Fullerton RV Code Provisions At the direction of the City Council, Staff contacted the City of Fullerton and received a copy of their Zoning Code which regulated recreational vehicles in residential zones. This is included as Attachment No. 3 to this Report. Based on their code, recreational vehicles are allowed in residential zones if all of the following conditions are satisfied: the vehicles are not used for living purposes, the vehicles are limited to those owned by the occupant of the dwelling unit and they are not parked or stored whereas to constitute a "clear and demonstrable vehicular traffic hazard, or be a threat to public health or safety." In addition, the recreational vehicle cannot be stored within the front yard where there is an existing driveway or other access leading to t.he rear yard of the residence that car~ accommodate such vehicle. Lastly, parallel parking to the front property line is prohibited except where a curved or circular driveway exists. In those cases, suitable screening of the recreational vehicle shall be provided. R:~STAFFRFT~RV-PC.CC.NOI 4/10/98 klb 3 Corresnondence Received Correspondence received regarding this matter which has been addressed to the City Council has been distributed to the Council as they have been received by Staff. Correspondence received prior to March 17, 1998 is included as Attachment No. 1. Any correspondence received since then, but prior to April 21, 1998 is included as Attachment No. 2 to this Report. Attachments: Correspondence Received Prior to March 17, 1998 - Page 5 Correspondence Received Prior to April 21, 1998 Workshop - Page 6 City of Fullerton RV Storage Ordinance - Page 7 R:~STAFFRFT~RV-PC-CC,NOI 4/10198 klb ~. A,?TACHMENT'NO. 1 C~RRESPONDENCE RECEIVED PRIOR TO. MARCH 17, .1998 Ron Bradley Gary Thornhill SANDRA I_* RUMSEY 30845 AVENIDA DEL REPOSO TEMECUI.A, CA 92591 909-676-6946 March 16, 1998 The Honorable Councilmen City of Temecu!a 43174 Business Park Dr. Temecula, Ca. 92590 Honorable Councilmen; i am writing concerning an issue to be discussed on your March 17, 1998 agenda, the parking of R.V.'s on your property. Why are R.V.'s that are maintained any worse ~han corrals with horses, goats, etc.? I have neighbors with animals and that is their right, but so is an R.V. A well- maintained R.V. is a sign of fluency for an area. Many of the residences of this area bought their proper~y for 5he purpose of being able to park their R.V.'s, boats, etc. and have animals on their property. Many of these people have lived in the area for 15-20 years and now you say they possibly can't park their R.V.'s next to their homes. Have you taken in~o consideration tha~ many of the R.V.'s have cost more 5ban many homes cos~? As i drive aroun~ our area, I have no5 seen many R.V.'s that were not maintained and had an unsigh~!y a~ea around the R.V. First, I must sta~e that I don't like an association dictating what i must do on my property. What has happened to the individuals property rights that were written about in the Constitution. We have individuals that walk the neighborhood to find ~he K.V. parked on the home owner's property. They then sight these individuals. It is rather rude not to attemp~ to contac~ the homeowner, but a formal letter from their a~torney arrives and says 5ha5 you have x amount of days ~o correct the infraction. Though I d~sagrae with [he association actions we were able ~o finally come to an agreement on screening our R.V., but ~- was not wiChout problems, as we had only weeks before taken photographs and taken them to the association and asked their approval. No, we did not have 5his approval in writinG, but felt a verbal approval was adequate as it had been in the-pass. We also felt ~hat the request they made was unsafe for pulling out of our driveway. We also are located on both the Edison easement and the Eastern Municiple easemen~ and can't put permanent s~ructures in ~hese areas. We did finaliv agree on plants. Even though we agreed to the associa~zns demands, I feel that iz is not the place for ~he association or city council T~ mandate ~.V. parking on a persons property. i know ~= I were to move I would no~ purchase a home with an association nor would I consider moving To a city that has these mandates. Are we losing our freedoms and becoming a de pot to the environmental activists? Of course, these freedoms need to be within a reasonable realm. - am reminded o~ a le~ter sent to "The Californian" a few years ago. A gentleman was saying, and I paraphrase, a friend Zha~ was a former Temecuia resident had moved ~o an area north cf Dallas, Tx., going in for permizs zo built his kome. They had no regulations but ask if he wansed to build a house tha5 did no~ have proper pluambinu, scrrect electrical, and was going to fall down. He said no, they ~hen say that enough was said. The regulations of local, state, and federal governments are preventing freedom of our people. Yes, some regulations are required, but the reGulasions are becoming oppressive to these freedoms. To conclude, I wish to again sta~e ~hat i am not in favor of the City Council taking action on R.V. parking. i always thought ~hat this country was formed as a democracy, but are we becoming a country of the few ruling the many as in a de pot or ~ota!itarian ~ = ~. gove_.~n_ A~e zhese ~= __w causing harm ~o the freedoms of our pecpie? S_nce___y, _ andy ~L~m~ey ~ Matthew Fagan, Associate Planner City of Temecula 43200 Business Park Drive Temecula CA 92589-9033 30300 Churchill Court Temecula CA 92591 March 11, 1998 SUBJECT: City Council Discussion Regarding Parking/Storage of RVs in Residential Zones Dear Mr. Fagan: Since I have spent 6 straight years as the President of the villages Home Owner Assoc. which includes some 1000 members, I applaud the City Council in taking up a discussion of parking and storing RVs in residential zones. I would ask that the discussion be broadened to include RVs, trailers, boats, and commercial trailers. (example; concrete mixers, searchlights, landscapers' trailers, etc.) We should also include the parking of commercial vehicles in excess of 20 feet. The action by the above people has turned parts of our fair city into zones of blight. They are not concerned about property values or quality of life, to say nothing about the danger to children who dart out from behind these vehicles into the street. Almost all HOAs have CCRs against the above actions, but unfortunately they are almost unenforceable. If they are in the street, the hands of ~he HOA are tied, according to 2 law firms from whom we have requested legal advice. If they are parked on private property, there are months of warnings, then fines, and finally the courts .... at great expense and time. Meanwhile the homeowner or renter continues to ignore the rules. If they are parked on the street, they merely move it a few feet or across the street for another 72 hours. Some suggestions; no parking an any street or in front of a home on private property without a permit. Permits will be issued by the city for visitors up to 4 days, all others for 24 to 48 hours to clean, load, or unload. NO REPAIRS ALLOWED. A simple call and the permit will be mailed or picked up at City Hall. The window permit would have an expiration date. Initially, there would be a 30 day warning period city wide, after that the vehicle will be ticketed or towed. The largest amount of commercial vehicles are found on the weekend, so there must be a planned drive-by enforcement. There is now and will be more adequate storage areas. Although this is an inconvenience it is hardly a hardship. Any way that I can be of help, please feel free to call or write. Sincerely, David Mic~hea~ 676-7220 ~ P.S. My wife would like me to tell you of our experience in Naperville, Illinois. We stayed at a cousin's there while we were traveling with our RV, and all it took was a call to the city to advise them where we were and hhow long we would be visiting, and they kept a computer printout for the police. They were very warm and hospitable about it, and it made for a very pleasant experience for us. I would like for visitors to Temecula to have that same sort of hospitable experience. 40847 Carte Medusa Temecula, CA 92591 l~'larch 10, 1998 Temecuia City Council P.O. Box 9033 Temecula, Ca. 92589-9033 Re: RV Parking On Private Property. We recently received a flyer regarding the above and would like to voice our opinion on this matter. We have a motorhome on our property. We bought our house because it has a large side yard which could accommodate our motorhome. We went through great expense to cement the side yard in order to park our RV as far back into our yard as possible and installed a six foot gate in front of this. The motorhome is barely visible from the street. We sympathize with people who do not have room for their motorhomes on their side yards but also realize that it is not very appealing to a neighborhood if the RV is constantly parked on the street or in the driveway. If this was our problem we would definitely rent a space at a storage lot since we do not think it would be considerate of our neighbors and most of all it could also be a safety hazard. We love our RV as I'm sure most people that own one do. We hooe that the few who do not comoIv with street or drivewav Darkincl do not sooil it for the rest of us who have gone to great expense and trouble to conceal our RV's as best as we can on our own property.. Hope that this matter can be fairry resolved for all concerned. , ~Si, ncerely, JoselSh & Sylvia Santos _~(909) 694-1854 cc: Matthew Fagan Planning Dept. Edward V. & Evelyn D. Salitore 42733 San Julian Place Temecula, Ca 92592 Phone: (909)676-6355 RE: CITY OF T~CULA PARKING AND STORAGE OF RECREATIONAL VEHICLES IN RESIDENTIAL ZONES Our concerns relative to the issue of Parking and Storage of Recreational Vehicles in Temecuia's Residential Zones stems from the recommendation of the City Planning Commission to the City Council to strengthen and vigor- ously enforce the existing ordinance,which we feel has serlous flaws in it, as well as Legal and Constitutional implications. to the dictates of the Anti-Rv'ers with little recognition for the Legal Residential Parking Rights of the great numbers of Recrea:ionai Vehicle Owners in Temecuia. Without question this is one of the most controversial issues presently facing the Temecula City Council.There are two sides to this issue and both deserve to get serious consideration. The Anti R.V. group havelegitimate complaints about dangerous and careless Recreational R.V. Parking on Public Streets deserve relief. Where flagrant abuse of saftey regulations exist and can be proven, the parties responsibl~ should be held accountable. Demands :hat ALL Recreational Vehicle owners in Temecula should be penalized and punished along with the few law-breakers is discriminatory,ludicrous and grossly unfair. I?; CO~,C~SION .00D FOR THOUGHT: 1) Motor Homes,trailers boats_and Recreational Vehicles should be allowed to be parked on driveways, when it is not feasible or possible to park them behind the fenced or screened area of such property. !t is important to note the fact that Recreational Vehicle owners in Temecuia are Voters,many pay Homeowner Association ~ues as we!~ as Property taxes, costly'Vehicle,Gas and License taxes and deserve'the same considerations given to Automobile owners. Respectfully, Ed & Frie ~aiifore / cc: Council Members Mayor,Ron Roberts, Jeff Comerchero,Kare! Lindermans,Steve Ford,feff Stone City Manager, Ron Bradley Assoc. Planner, Matthew Fagan Jeri D. Witt 30321 Tradewater Court Temecula, CA 92591 March 9, 1998 Matthew Fagan, AICP Associate Planner City of Temecula 43200 Business Park Drive PO Box 9033 Temecula, CA 92589-9033 Re: Parking/Storage of Recreational Vehicles in Residential Zones Dear Mr. Fagan: Thank you for your letter dated February 25, 1998 giving notice that the City Council meeting has been reschecluled. I will be unable to attend the meeting. However, I have enclosed several pictures of a recreational vehicle belonging to a neighbor who regularly parks it on Tradewater Court. The photos show the recreational vehicle parked in front of another neighboris home. The owner of the vehicle avoids the Code, which stipulates no parking longer than 72 hours on residential streets, by moving the vehicle from one side of the street to the other. This recreational vehicle has remained on the street for over a week at a time. Unsiclhtly As you can see from the photos, the recreational vehicle is unsightly. It is out of place in a residential community. It belongs in a RV park or an appropriate storage facility designated for such vehicles. Neaatively affects Home Values Because recreational vehicles are unsightly, they negatively affect the home values of the neighborhood. A prospective home buyer would arguably turn away from living in a Page -2- Matthew Fagan, AICP Recreational Vehicles neighborhood which is accepting of the storage of recreational vehicles on residential streets. Furthermore, such action encourages other owners of recreational vehicles to emulate the violator's actions. This opens the flood gates resulting in trashy looking neighborhoods which cause decreasing home values. Safety Hazard As shown by the photos, Tradewater Court has a bend. The combination of the parked recreational vehicle and the curvature of the street makes it unsafe for both motorists and children playing in front yards. It is difficult to see around the recreational vehicle while entering or leaving Tradewater Court. This poses clanger to drivers who do not see each other coming around the corner. Moreover, this poses danger to children who dart out from behind the vehicle into the street. Thank you for your consideration. Sincerely, .~1 ¢ounc±lmembers receive~ the same letter March 9, 1998 Mayor Ron Roberts City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Dear Mayor Roberts: co: R. Bradley G. Thornnili My husband and I moved here in May of 1995 from Anaheim. We selected this area because of its cleanliness and beauty and low crime rate. We were dismayed when our neighborhood began to look like a gheno last summer. At one time, out of the first seven houses on our street (we are the sixth house), there was a large boat on a trailer in one driveway, a camper shell jacked up in another driveway; next door blocking our view was an older model 1970's truck with a large camper ~ on it parked in the from side yard and the other side of us was a burned-out shell of a car in the driveway. Needless to say, we were heartsick that we had moved to what we had considered a lovely neighborhood. One day the code enforcement officer appeared and cited the homeowners. The offending objects disappeared within a few days. We were once again able to enjoy the beauty of our neighborhood. That didn't last long. When the Press-Enterprise article appeared saying that the City Council would no longer seek enforcement of that code, some of the blight reappeared. At the present time, the old truck that won't pass a smog test and has an expired 1996 out-of-state license still sits in the neighbor's front side yard blocking our view. We do not have a home owners association. I believe it is the duty of the City to enforce and regulate a recreational vehicle code. As a former real-estate sales person, I know from experience that the property values of a neighborhood are lowered when these vehicles are allowed to be stored in the yards, driveways, and streets. Clients will not even look at properties for sale that have R.V.s, etc. parked near them. I hope the council will take a serious look at this concern. With the new dam and recreational site being built nearby, we could be facing many more such vehicles and boats being brought to our city. We need to have a code adZessing this problem with strong enforcement and stiff penalties for violations. Thank you for your consideration. Sincerely, Betty Condren 40741 Calle Katerine Temecula, CA 92591 (909) 694-0375 -e~ecula, ~e implore you :o enact ano ENFORCE rEs~r:-S:ng on ssreet a'- off s~r=et - - ....... ._. , . . ~::,_ _ ~. "elC~OOr~OCJS. Seven yea-~ aoo our ~ s~orv, 2600 sq ft.m-oedroem. was ap~ra~sec as r2~5.008. Our nome is pic~urec '£elz~. c"sav due : ~ p-2.-~ ~- -~,= '= - eric_es ~r cri,/e?,av3, o- :~e 3%reeE. and in some ~ards. the .51~_.~ -" ~- -.-me a~O ,:5~erz :m [~e =eichoornoc~ has grea51v ,7 ~2,- e -i~~ . .... = ~ 5.0 i-. ~8iue .-.-Z ~,:~ ,-=~S ar= ~,;=- ~ ft ~3rk=O :~ E~'~ SZl.~':&,, '2- 1-'~5 '-" ~ are ~'=~ :- the cBra~= Yo,J ~ii oO._r.. t~v motcrKomes 3~onc ~.ltr~ .5l'iD,~E %r'JsKS. ~1io?~in,7 t~is %yDe :n decreasin~ ~ropersy vsiues. sooearance, and have no ~:~,,~iK~ ' :: is ~aid ttat s g!r:ure szes,'s a :ho,;sano words. We hoce t-at ...... - - =eo :,-, remia~ _ -:', .,~qs a-'.z nas :,onsr.zL :.,st i:s £:reess. and t~at is mss ~'~e a-= i'formeg ~na- :-- ,_~tv ¢ Coce --rfor_-emen~ when responoing ~o ~ ci~i:en's compl~Lnc ~SoJ- 2~-~inG ~ovises the viol~tcr tK.~t all he must ~o to conpi,~ ,~itn iS simoly to move the cffenoing vehicle a re, i~cnes every mours. This Cons not solve the oro~!em of -amCsn~ s~ee~ berlins. ano .~e feel -~r~sin cn~s is not the intent cf ~ce law. we r. av'm at, .on-stre=~ sarK{~ :=~ cna* cles_s amav _h~ - a~o ~ne ia~ mus~ ~e £ECD'..IO: increasingly, large motor homes snC coats =-re sarke.o 'c criveways or c-her unsi~n'.ly areas cf the oroce--y in ~.~' -n= :-*re=~ and neighb_~_. Also mctor veni !es a-e -arkec here- moved) in Crlve~ays for mon~ns. It is an~iclsa-~o ~ ac,-umulat~mn o~ :rs end large boa-s ~it~ · of --= Dom:rsocni ;ecres~icna! take near ~eme~. We nee.o ',.our aoenda reoo~t sta~o "- - ei- , ..... £nfc ,, .,_erz eye me~ ?:ith -eelsfarine tom Drsp=rt'/ owne ~ ~nc have nc~ne-= eiso ~o store them. There are storage kacili~ies (one off Psi@ ~oad for instance). Also these offenolng venic_es may be '~-ureo ~'~itnin an enclosed area cn the omners' lcts. ~u~ cut cf · i'~'a':,r~ .:an a=ford $:0,000 Co 675 300 for ;v's :m=y can su __v ~¢=':.0 to place ~nem in ~toraoe ¢scilLties or bulls ,n enclosure =:r -nom. The), nave s duty -2 .obey the 'aw (es ,on 5=I ~:~:ens rr. kCL_'_--llH: ~ve ~.a,,~ ~he nucleus ~c- -- oesu*:fu! it, ~ ~-~ - ~ - c ". ~LE~SE - -~l '.£ -i]~ work ~ ~ ' : ~ : :el! ,m~ir'--"r, ec '-'*v. ' - '.'.'e 3DD%eC~ ~-= .,Dot '3oS!O~'SZLO~ 'Dr s-dr .:;e ;~ri:: :~r.~ir, g -roinances - anZ vigcro;s ~for-eme~. Sincerely, MA~iE DUNN ~0i~6 Ls Primavers -emecuia, Ca. 92592 -3- cc: Ro~ Bradley Gary Thornhill Mr. Norman J. Taylor 30048 Via Velez Place Temecula, CA 92592 March 6, 1998 I have been a resident of this great city for 18 years. My wife and I are newly retired senior citizens wishing for a wonderful retirement life. Two years ago we purchased a very small 19 foot RV which we dearly enjoy. I have been informed by fellow RV'rs that the city is proposing a ban on having them parked in our own driveways. As a senior citizen on a retirement and social security I cannot afford the monthly storage fees. I can understand the elimination of the street parking but having it parked in ones own driveway seems reasonable. As I stated above I have a beautiful 19 footer, no longer than a large pick-up truck or even a minivan. I went to every home owner on my street asking them if having my RV in my driveway offended them all said ABSOLUTELY NOT. I am asking you to consider not letting this proposal pass. In my case I would be forced to sell my RV, the greatest joy of our lives. Respectfully, Norman J. Taylor Copies sent to all councilmember City ~ounc_l City Hall ,T~mecul=,&a. - cc: R. Bracl~ey (;. Thornh~ . Feb.ur.a~. 6, ;990 tn=~ ~.e p=~'~ng Rv's =zla ~,, ~r~ile~s, c~mpe;~ spells in a~.ive =ha ~n szreets. in irun~ ul h~mes in resiaen~i~l~ =re~s. This m~Kes me slc~ ~,hen i see ~nis mess ~n=~ ~ne neighbors a~e ~=2.'-~nr in ~i~,,ou~. h=vinf someone repor~ this to you, ~s ~150,OOO. fa.r our house plus all our upgraaes, olock ,all, =~=ze, e:c %.~ ~' = i~t uf repos in this neignsc a~r ~o us , ~hey ~us~ drive rlg~ by. Who wan~s 5~ live nex~ zc znaz. ':e =~e havin~ = n~ra zime sei!in~ because o:' znis. ...... ~ - ' :" '~= ~hls same F~olem ~i:h the Hoops .'~-__eI%= io D_~i.,o . · :.e hal = .,~naerzuli neignuc. r .~no -as. ~2 is = Cop !n San Zief~ n=a ~,riue ~f ownership =no Kept that h~use pei'lec;. They put him n ~= eam, sc ne n=a %0 se!~ =no move -- San Die~ . This - z.._ S~.az T ' _ %..- house,. zeen ~fers. Bu% he owns = farage in Temec!ua =m__y ccufnt k- =ns 'he tzings those cars nome ~,~h him =n~ parks ~., i'ron~ ~ . _ne~ zull !n ~ne a21ve .,,=y ,here 5he/ have = camper snell ~n._e ~arafe is full ~f ~_=lu, s~ zhe~ a~k in ~he gatale. So zney :n :he sine ~,=ik also...e can'- .,=L~ us the slCe ~alk =- ~-~ ....... S~--_e. VYu ::=-~= sa/in~ '~e =2'e = 2lc~ C ~y, ~hy can'~ you pu~ ~n more people -eer Msaa..'~ R~aa. Many zraiiers =re p=rKeu in arlve ways in our nei~h~o. inc _ ayn't think 5nzs ~- -'=it -~ ~ne o%ner lana ~wners Xhy . '~ E=~K in ~rai!er D~rKS? ~= .- nave ~ "~ " My huso=nc 2usz an= 5 ~ye~=sses an= a near~ valve su~ in. He ~ ~e~ in%~ ~rguemenss ~.izn ~ne neighbors ~his is y.~ur ~-- enf .... ~:~ ~uie= Ch~'fin~ ~. ese ~e~uie f~r permits ~o ~arK isn't De-very an,~=ppy nei~n~uz-s. This mus~ De taken care sf They m~ve~ ':Li ..... s ~n ~=n.3, ,~Yu, they sn~u!a oe unp=cke= cy Two more things I ; tu mention ~o you. I n , elec~ec sam to speak for me. I wish someone wuula put ~h~t old Bastard in his place. I want th~ En~ertainmen~ centez' ouilt in our City. we ~aitec ~ long ~ime fur it ~o come he£e ~'a ~ill just ale ~ithout it.people · ~,~ Town wan~ ~o close ~ne ~o0£ ~n growth, ~2%er ~ney get in~o the ciSy, they wan~ u.~ let any on~ els~ in, T,o ~ac, ~,e neea .ous&ness =nd jobs here. w~uld be a shame if Mu£z'iet~ stole ~his ~,~ay !rum us. p:gn~ h=ra £ur i~. The other thing I wan~ ~a-~ks-yuu, When a£e you going ~o~upen up N.General Kea~ney Roau.????? I~ w~s ~aken o{'f ~ne gener=i plan. neec ~ha~ roa~ opened u?, ~ba~ gives us a s~raigh$ shot ~o ~ne shopping ~.e ,~re caugn~ in a-h.ole here, ,nly. w~y~.u~ is a~Chapperal school or Ualley Macusa. All the neighoors here ~an~ ~hat stree~ built. Tn=nK you for your help, I will oe w~i:ing to see ii' anything is n cone ~oou~ ~ne campers ,Trailers ana RV's a£ound here· -Mrs. L.R. McNmny ~O165 Deer Meaaow T emecul=~ Ca., 92591-1607 909-699-417-3 I TRASH · Continued from the cHs'. Mejia i~as sent nvo dozen ,/7~esmenm who refuse to comply Me})a says paren~ usually ar~e ~ha[ mey are doing good b~ keep. mn~ ~elr kids a[ ~o~e, bu~ ~ven~- ,n~ :ne~r ~oop bac~ to ihe*drive. ';They ~v. 'We're keeping our kids fr~m l~[enng.'" Mejia ~id. "but they oon't wetgA the eo~e. quences'of the h~rd thev cre- ate." ' Mudeta resident Valeme Sm~t~ ~waJk wnen%er aau~nter want. ~u to increde the r~ge of her noiatmg a counn' coae at tne' ume. aria sa,~ she now will remove t~e b~ket from the s~dewalk before :~e =::7 roves ~er a nonce. BILL GRAY 40414 YARDLEY COURT TEMECULA, CA 92591 Febr-ary 20, 1998 Mr. Ronald H. Roberts. May. or P.O. Box 9033 Temecuia. CA 92589-9033 Ref: Permanent Parking of RV'a, Boa~ etc. in Neighborhoods Dear Mayor Roberts. The purpose of this letter is to voice objections to the practice of permanently parking RV's. boats and trailers in driveways a~nd on our r~id~ntial streets. I do appreciate you. Mr. Stone and IVa'. Linder- man~ for recognizing the senons problem and agt~ing to send it back to the Planrang Commis~on for evaluauon and now bnngmg it back to the City Council. I'm ve.ry pleased that the Plartmng Comuussion detenmned that the code. ~xinen several ve, a~ ago, that regulale~ driveway parking is a good law and v~. much need~l. I appeal to you and oti~r mem~rs of the Council to reinstate this code. effective imm~liately. The e.vasting code that governs street paficing is inn,b"~pmte. Violators now avoid the intent of the law ~- moving their vehicles a few feet after the 72 hour period. I mggest the City Council send this Code back to the Planning Commission and then in turn ask Mr. Matthew Fagan, As,~cmte Planner, or other members of the staff to research this problem and deemuric how other municipaliti~ effectively addt~s flus issue. The revised co~ must includ~ not only car~ and tmck.~ but also RV's, boats, trai~rs. farm eclmpment. etc. I would reammend that the practice of towing offending vehicles be eliminated as that lends itseffto lawsrata against the City. I think unless the vehicle is abandoned. frees similar m those for driveway offenses is more praeueal and would be cost effective to enforce. The Code must be ckar and precise w'~th no loopholes. The message to all citizens should be. ~you break the law vou will be prosecuted. - The importance of these two laws are e~adent. They are ne~led to insure that our ciw remains beautiful. They. will prevent home values from further devaiuation. They will curtail the uns;ghtly and junky appearance m our neighborhooda. They will correct a safety haza~ that now exists when backing out of driveways and childten pl~'ing in thei~ front yards. The lairs will be in ptace as our cxty grows and a~so will prevent an increase of more RV's and boat~ when the Dometagore reservoir and the Vail Lake Projec~ are completed. I do tlank that people owning recreational vehicles should be allowed to park m their driv~.av or street, for a demrtmned period of hours, when servicing, l:n~"!:m'mg. or returning from a top. The con~rn for the vast majority of our citizens bv our c~ty gox~ernment is commendable. We thank aH of you for providing the leadership that has ma~ Temecula a desirable place to live. With Regards, Steven J. Ford, Mayor Pro-Tern Jet~-y. E. Stone, Councilman Karel F. Lindermans. Councilman Jeff Comcrchero. Couincilman Ronald E. Bradley, City Manager ~,' Matthew Fagan. Associate Planner Bill Gray ¢¢: Gary Thoz PAUL D KNOWLE$ 40760 CALLE KATERINE 'r'EMECULA. CALIFORNIA 92591 (909) 676-2853 City Council ... "-' Attn: Ron RobertsT Mayor City of T~me~ula 4320?Business Park Drive ~ Box 9033 /'Temecula, CA 92589-9033 February 19, 1998 Dear Mr. Roberts: I am registering my concerns regarding front yard/street parking of RV, boat and other extracurncular equipment. I attended the Planning Commission meeting on February 2, 1998 and heard both the pros and cons of the issue. I am clearly on the pro side of enforcing the current code. My concerns are included in my letter to the Planning Commission - COlby enclosed. I urge the Council to enforce the provisions currently in place, and/or to take the steps necessary to make them appropriately enforceable. Thank you for serving us, Paul D. Knowles CC: Steve Ford, Jeff Stone, Jeff Comanchero, Karel Lindemans, Ron Bradley, Susan JonesT-' Mayor- pro tem Council Member Council Member Council Member City Manager City Clerk FEB 2 0 7~.9~ Planning Commission Attn: Linda Fahey City of Temecula 43200 Business Park Dnve P.O. Box 9033 Temecula, CA 92589-9033 PAUL D. KNOWLE$ 40760 CALLE KATERINE TEMEC..ULA. CALIFORNIA 92591 (9O9) 676-2653 February 19, 1998 Dear Chairman Fahey: I want to express my appreciation for the general tenor of the PC meeting on February 2, 1998 re: RV, boat and other objects 'd arte in our beautiful community. I am hopeful that the City Council sees the thing as cleady. This is about keeping our town a visually beautiful place in which to live. ! have concerns for those whose recreational pursuits recluire other accoutrements to accomplish, however they knew the restrictions before they bought here, and if they didn't they should have done their homework! In Mr. Fagin's report to you, I had this immediate idea. With all the retired talent of professional law enforcement living in the Temecula Valley, the City could easily find a part time Code Enforcement Official, have 1099 relationship with them. This could be clone at a cost far less that the 27+K figure quoted under option1. I also realize Mr. Fagin's charge or place was not to make those types of recommendations to the Commission. Just a thought of mine. I trust your report to the Council bore out the concern of the maionty of the people in this matter, I will be an interested attendee to their meeting on March 10,1998 to wew the proceedings Keep up the good work! Best regards, Paul D. Knowles cc: Marcia Slaven Rich Sottysiak Ron Guerrlero Timothy Miller Ron Parks JACK LEATHERS 4262:3 REMORA STREET TEMECULA, CA 92592 February 17, 1998 Mr. Ronald H. Roberts, Mayor P.O. Box 9033 Temecula, CA 92589-9033 Ref: Parking of Recreational Vehicles in Residential Areas Dear Mavor Roberts, It is my understanding that the Council will have the above named subject on their agenda on March 10, 1998, for action. Since I will be out of town I want to voice mv opinion to you via letter. I have attended the meetings of the Planning Commission concerning this subject and testified in front of them. My fi-iend, Mr. Bill Gray, and I have also met with Mr. Matthew Fagen concerning this code, and expressed to him our feelings about this matter. Many people are concerned about the increased parking of RV's, boats, and house trailers on driveways and in the street. We are also concerned why the code that already exists has not been enforced. ' I have been president of our Alta Vista Community Association for three years in the past, and soon found that we had a problem with all these vehicles being parked on driveways and in the street. We do have CC&R's that prohibit this unless they are parked behind a fence in their side yard. The problem is the procedure that we have to go through to enforce these rules. If the violator wants to be difficult it could take many months to a year to get this resolved. Meanwhile the Association has had the expense of an attomey, held many heanngs, issued fmcs, and finally when the fines aren't paid placed a lien on the property. AS you can see, this could also cause quite a disruption in the community. So I am saying to you that this route is not the answer! The main reasons why I think these vehicles should not be allowed to park in driveways and on the street are as follows: 1. Properties are devalued. 2. Safety when neighbors back out of their adjacent driveways and are unable to see moving traffic and kids playing. 3. Undesirable views fi'om one's home if you live nearby. 4. A junky appearance tends to develop not only around that residence but also in the community. 5. Future development such as the East Side Lake will bring many more recreational vehicles into this community, and the code will certainly be tested. If we continue to have additional parking of these vehicles, ~he communities will really look junkv and property values will decrease. I think that people owning recreational v~hicles should be allowed to have them at home long enough to service them and load them. A reasonable amount of time should be allowed for this. Having a unit parked on the street, and moving it a few feet just to avoid the Code being reinforced is not proper. This is a loophole that should be closed. lira property owner has a friend visiting with an RV, a permit should be required for them to park, for any considerable length of time. As for as the cost ofettforcing of the rules, I feel that the City cann~)t afford not to get involved, and the cost whatever it is, should be allowed. If the fines are large enough and the rules made known to everyone, it won't take long until the violations will beat a minimum. Ifit takes an additional code enforcement of Scer, then so be it. We spend money to make our parks look well kept and the appearance superior, so why not spend money to make our total City look the same. It will be appreciated by most of the resi- dents! I want to thank you, the total City Council, the City Manager and all the staff for all the work that has been done to make our City what it is today. We are proud of you and o£ it. May your success continue to grow. Steven J. Ford, Mayor Pro Tern Jeffrey E. Stone, Councilman JeffComerchero, Councilman Karel F. Linderoans, Councilman Ronald E. Bradley, City Manager Matthew Fagan, Associate Planner ,--- Very.t~'uly yours, .//~ck Leathers February 16, 1998 FEB ¢. 3 1.998 All Councilmembers received same letter. Ron Roberts, Councilman City of Temecula 43174 Business Park Dr. Temecula, CA. 92590 cc: Ron Bradlev Gary Thornhill Dear Sir: I have been a homeowner in this city since 1989. My wife & I are retired and on a fixed income. We have a 25 ft. travel trailer that we could keep in our driveway but we Day to have it stored at Lake Skinner in their storage facility. I am concerned about the downgrading in the appearance of our neighborhood with the proliferation of motor homes, boats, etc. that are being parked in driveways and on the street. Some : being used as another bedroom as well. ! play by the rules - I expect others to do likewise or pay the price - and ! expect the 'price' to be very high. If a person can afford an RV, they can afford to store it in a storage facility. I trust my city councilmen and I trust that they will answer the call and do their duty. Sincerely yours, F.H. GEYE~ 40466 Cha~ncey Way Temecula, CA 92591 Alta Vista Community Association P.O. Box 890143 Temecula. CA 92589-0143 (909) 676-1465 co: Gary Thornhill Ron Bradley February4,1998 City of Temecula Arm: City. Council 43174 Business Park Dr. Temecula, CA 92590 Dear Councilmembers: RE: RV Parking and Storage We are writing this letter on behalf of the Alta Vista Community Association. We are located just north of Rancho Vista Road and east ofMira Loma Drive, bv Vail Elementan' School. CC&Rs and Rules & Regulations govern our homeowners association. These documents contain rules prohibiting the parking or storage of recreational vehicles, including travel trailers and motorhomes, within the association unless specific conditions are met. Despite the rules, we find that there zs an ongoing problem wuh RV parking. We have always appreciated knowing that the City. of Temecula also had rules regarding RV parking and that we could call on Code Enforcement for support whenever our own effotns at enforcement became too time consuming. Unfortunately, our process can take several months before a lawsuit can be filed. We would like to urge the city council to continue to enforce Temccula's existing laws regarcimg RV parking and storage. If there is a problem with caseloads, perhaps a pan-time employee can be hired for this specific job. Alternatively, the law cotfid be enforced when cases were reported to Code Enforcement. Either way, I am sure that the majority of Temecula's citizens, including those that do not have the benefit of an active homeowners association would appreciate this. Sincerely, Martha HeWera - x~. Joann Lamb Vice -President Secretary. Helen Cappelli':ff/';~ y~ a"~ Treasurer 3 February 1997 City Council City of Temecula cYo Temecula City Hall P.O. Box 9033 Temecula, CA 92589-9033 FEB 0 4 1998 ::.'4'i ¥ Re: Parking of Recreational Vehicles in Residential Areas Note: As used in our letter, "RV" includes U'afters, boats, c~mpers, and recreational vehicles of all kinds. As you are aware, last-night the city Planning Commission voted to continue the present code provisions concermng the subject vehicles. Almost unanimously the audience in attendance (and there were many) indicated their preference to continue the present code. Council member Comerchero, who was present at the meeting, can attest to that. All four commissioners present also indicated their interest in continuing the code. Many of the commissioners indicated an interest in not only continuing the code, but actually strengthening it, specifically in the areas of fi~es and length of time allowed for temporary parking. Additionally, one commissioner indicat~cl an interest in adding provisions concerning on-street parking of those vehicles. (AS you know, the present code addresses parking of subject vehicles on private property, but does not address parking of the vehicles on the city streets. ) We wish to endorse those attitudes and provide the following rationale: Fines and the Fine Structure: One commissioner asked if fines levied against violators of the code could be a way of mitigating the added cost of additional Code Enforcement personnel. A representative of Code Enforcement answered. indicating that it could, indeed, be a way of recovering some of the expense. But, he cautioned, Code Enforcement uses fines "very sparingly". We ~vonder why i'mes are used sparingly. If the city wishes to stop violations it must enforce the code and fine violators. We can support an initial warning to violators, even though they have a responsibility to both themselves and their neighbors to know the law -- but thereafter we believe that increasingly sever fines must be levied against repeat offenders. It is only through continued enforcement pressure that violations will be reduced. And Temecula can certainly afford to hire additional Code Enforcement personnel as it ~'ows. .Length of Time for Temporary Parking: Most commissioners would support a reduction in time allowed for temporary parking. Indeed, one would have totally eliminated any overnight parking. We believe that it is reasonable that some time be allowed for temporary parking. But washing and/or cleaning of the vehicle, boat, etc. should not take even 24 hours, and we believe that maintenance shouldn't be performed in the neighborhoods. Stocking of RVs, etc. for trips certainly doesn't take more than a few hours. So we support a time limit of 12 hours for temporary parking. We would, however, exempt visitors with RVs from the 12 hour limit. Parking of RVs on City Streets: Currently, on-street parking is regulated by the State Vehicle Code, and enforced by the Police Depm-tment. The problem is with people who wish to circumvent the code by simply moving their vehicle before the 72 hour limit is exceeded. Some~mes this is done by moving the vehicle to an adjacent street, other times by just driving around the block and parking again near the original spot. In any case the owner is using a loophole in the code to counter the intent of the code; namely to prevent long term use of the streets for the parking of RVs. At one time, in ano~er city, we had a neighbor who parked his tar roofing truck in front of our home: not the most attractive curb appeal we wanted -- or you would want. We support a change in the code that would track and fine persons using the 72 hour loophole. Additionally, we support a widening of a new code to include business vehicles, nuisance vehicles (old, rusted, or unused), and RVs. A question was posed by a commissioner as to how much it costs RV owners to store their RVs in approved storage facilities. The answer was approximately $250 per 6 months. We believe that this is not an issue for Council consideration however. When you buy an RV you ass~me responsibilities, one of which is to abide by the codes in force where you live, another is to accept the costs of such ownership -- including the cost of its proper storage. Our concerns are driven by. our desire to protect our property values, the beauty of our neighborhoods, and the beauty of Temecula in general. Unless the City establishes a firm policy in regards to RVs and commercial vehicles the problem will only be exacerbated as our population grows. A street littered with RVs, and/or nuisance vehicles. and/or commercial vehicles is not an attractive street. Please strengthen the code and publish frequent reminders that Temecula will not tolerate offenses to the code. We appreciate your consideration of these items as you deliberate on the issue. Sincerely, 3223, Placer/Belair Temecula, CA 693-0929 CC: The Californian Mr. Bill Gray Mr. Bob House, President, Chardonnay Hills HOA From: To~ Date: Subject: Richard Sarraffe <richsar@iname.com> TEMECITY.TEMECULA(HOTLINE) 1/30/98 4:54pm RV Parking in Temecula G. Thornhil R. Bradley To: Temecula City Council I understand that the Temecula City Council will soon be reviewing it's position regarding the parking of RVs and Campers on city streets within a residential area. I strongly urge that the city take some initiative in prohibiting residents from parking their RVs on residential streets. There needs to be some means of code enforcement so that private Homeowners associations can deal with the problem if the city does not. As a committee member of the Villa Avanti HOA, here in Temecula, it seems that we are powerless to keep our community free of the unsightly parking of these vehicles becau~ the streets belong to the city. We have some residents who continually play the game of moving their RV six inches every 72 hours so that they comply with the city law. I know that you, as a council, are committed to keeping our city attractive and I urge you to give this matter some real thought and help the Homeowners Associations to legally deal with blatant violations of this nature. Thank you, Richard Sarraffe Tel. (909) 694-3459 Richard Sarraffe mailto:richsar@iname.com ;c: ~. Thornhill 2 December 1997 Linda Fahey Chairwoman, Temecula Planning Commission 43200 Business Park Drive Temecula, CA 92390 Dear Ms Fahey: At the 1 December meeting of the Temecula Planrang Commission discussion pertaining to a section of the City's Development Code was "continued off calendar". That section has ~o do with storage of recreational vehicles in residential areas. A review of the documents provided to the public at that meeting indicates some Planning Commission and/or st~ff confusion regarding the subject. - The December 1 agenda provided to the public provides the following regarding this subject: "Proposal: Re, peal Section 17.94(D)(1)ff) of the City*s Development Code Pertaining to Recreational Vehicle (RV) Storage in Residential Areas" - A memorandum to the Planning Commission from Debbie Ubnoske, Planning Manager provides the following concerning the same subject: Subject: Planning Application No. PA97.0349. Amendment to Section 17.24.020fD)(1)(/) of the City's Development Code Pertaining to Recreatmnal Vehicle ~RV) Storage in Residential Areas" Ms Ubnoske -- in her "Background" section of the memo states that "The City Council originally directed staff to amenrt Section ..............." The subject was titled "Repeal" at the 3 November Planning Commission meeting -- now it appears that a decision has been made without public notice to modify the original subject to one of "Amendment". Further, the section of the Development Code cited is different. Did we miss notification by the Planning Commission that the original subject had been changed? Has it been changed? Was the original subject in error? Is the staff in error? The public has a right to accurate information concerning proposed changes: if for no other reason than to be able to respond intelligently to those proposals. Response to a proposed ~ is very. different from that for an ~mendrnent. In regards the same subject -- but with a different focus: When several people show up at a meeting of the Planrang Commission anticipating a discussion of a topic and are then notified that the subject is being "continued off calendar" it can -- it does -- make those people suspicious of the reason(s) for the continuance. For example: - Is the Plaxming Commission just waiting for people to lose interest so that they can do what they want without being m the spotlight of public pressure? - Are members of the Commission or their staff predisposed to repeal or amend the section regardless of public opimon? - Is pressure being exerted by the City Council? I don't accuse either the City Council or the Commission or its staff of any of these motives. I only list them as ways the public can -- and often does -- think about their government. I would like'to think that the reason ['or the continuance has to do with an overworked staff who just haven't have enough time to complete their task Might I suggest that some explanation to the public is warranted when a subject is "Continued off calendar"? There is a lot of public suspicion of government today, both locally and nation wide. You could help reduce that suspic/on in Temecula by the s/mple act of prov/ding a rational explanation of the reasons.' A copy of my original letter to the City Council and the Planning Commission is included. I wish to ensure that my v~ews as a citizen of Temecula are considered when the subject is again considered. Sincerely, Temecula, CA 92592 693-0929 Enclosure° cc: ~emecula City Council The Califorman Edward V. and Evelyn D. Salirore 42733 San Julian Place Temecula, Ca 92592 December 1, 1997 Honorable Councilman,£arel Lindermans Ciry of Temecula P.O. Box 9033 Temecula, Ca 92589-9033 ec: Gary Thornhill RE: CITY OF TEMECULA PARKING REGULATIONS OF MOTOR HOMES,TRAILERS BOATS Dear Councilman Lindermans: We purchased our Lake Village home in 1973,che year Lake Village was founded. In chose early days beforethe Incorporation,Lake Villase was a quiet,laid-back. slow-movlng off the beaten path community. The ideal setting that my wife Evelyn and myself were looking for upon our retirement from the exciting and fast moving life-style demanded by our ownership and administrative involvement in News- paper and Text book publishing business in Los Angeles and Orange Counties. Upon our retirement in 1978, we made the BIG MOVE to our small Rancho Calif. (Lake Village) retirement home,worlds away we thought then,from the hectlc, never ending "Rat Race" of Los Angeles and Orange Counties. Durlng most of our almost 20 Fears of living here in Lake Village, we have owned and parked our Motor Home in our driveway, without problems. We heartily disagree with the 30HNNY COME LATELY DISGRUNTLED DISSIDENTS,that our t'lotor Home is a blight and eyesore to our neighborhood. However,we would gladly park it behind our fence 1~ it were possible to do so. unfortunately our lot is sltuaced in such a way that it is impossible to park it behind our fence. We have a large investment in our Motor Home which is kept in excellent condition at all times and is considered as one of our most cherished possessions. It is furnished,packed and "ready to go" on short notice, which we take advantage of quite often for weeks and months at a time. Any thought of driving it to a storage lot. even if one were close by, between trips and subjecting our Motor Home to burglaries, and vandalism is entirely out of the question. -more- Temecula City Councilman IN CONCLUSION --FOOD FOR THOUGHT: -2- Ed & Evie Salitore 1)Motor Homes,trailers,boats, and recreational vehicles should be allowed :o be parked on driveways, when it is not feasible or possible to park them behind the fenced or screened area o£ such property. 2) Most owners of Recrea:ional vehicles are honest,law-abiding ,tax pay:ng c~v~c m~nded citizens and a credit to our Community. 3) JOHNNY COME LATELY DISSIDENTS should not be encouraged in :heir unjust and unwarranted self serving demands against all owners of Recreational Vehicles. They knew what the conditions were relative to the policy of the City of Temecula ,on Recreational Vehicles at the time they made the decision to move here. ~here flagrant abuse of reasonable regulations exlSt, the parties responsible for :he abuse should be held responsible. In closing we are really happy :o let you know we voted for you and have been strong supporters of the actions and efforts of our City Council,including,and ever since Incorporation. Thanking you in advance for your kind indulgence, and it is our fervent hope nh you and all your loved ones are blessed with a Happy, Healthy,and better than e coming Holiday Season and New Year. ' Sincerely, Ed an~ Eyre Sailtore 7'- 42733 San Julian Pl.(Lake Village) 7emecula, Ca 92592 Phone: ¢~09) 676-6355 ENCL: CO: Photograph enclosed showing our Motor Home as Zt is parked in our driveway. , Council Members Birdsall Cormerchero Ford 'Lindemens Roberts $~one Plannzng Comm. Fahey November '-, 'paw TO ALL MEMBERS OF THE TEMECULA PLANNING COMM ¢: I~.ION: This is one more concerned citizen's appeal to PLEASE. PLEASE retain and enforce the C£ty's Develop- ment Code ~ertaining to recreational vehicle storage Ln residential areas, and iilegai parking on City s~ree~s. m!ease help the majority of the citizens,wno love Temecula, to maintain anO enhance this beaUTIFUL CITY. It will invite responsible growtn and pride of owner- sniD. Street ciutter and ugliness of RVs parked on streets and in yards, add to deterioration of neignbor- nodas. Promerry values decrease. Citizens who eniov Living i~ ~e$1_~$E~ainea, Oeau~iful neighborhoods. wit~ pride of ownersnip, will move out, and those who do not care :ill move in. Home values will nit rock bottom in these Dligntea neighborhoods. The appeal of 3on'n Lynn, published November 13th in the Californian contains many points of concern, wnicn we snare. The foliowind mortion of his ampea!, Dears re~eating: "Thiro: Dther.ri:ies csn and Go enforce same cr s/miiar parxing regulations. Temecula can ei~her neip maintain the beauty of the neighOornooos or remove the code and contribute to their deterioration." Thank YOU for .:onsiderino our concerns. MRS. MARIE mUNN 30156 La Primavera, Temecula Phone: 676-~059 November 15, 1997 NOV 2 0 199,; r?lTv Mr. Ron Bradley Ci.ty Manager City of Tcmccula 43174 Business Park Dave Tcmccula, CA 92590 Dear Mr. Bradley: The issue of Recreauonai Vehicles (Campers. Boats, Trailers, Fifth Wheels, and Motor Homes) in our resideanal area :s of concern to me. On Villa Aimms Drive, where I live, there is a P, ccreatsonaJ Vehicle parked in a driveway on blocks to keep :t level -- as it is being used as an extra bedroom! Just a few houses beyond the'mobile bedchamber, a welding business is operating out of the gar'~ge, and unsightly old cars are being worked on in the street and driveway.' This was once a lovely neighborhood in a beautiful city, but is now just one of many Temccula streets that is beginrang to l~ok run down and ragged. I want to see the City Code enforced. but the existing laws don't appear to be clear or enforceable, as written. Perhaps the vehicle code governing residentzal parking needs to be rewnt~n so that st is CLE~R.-bVD PRECISE and cax'rtcs a HEF'/~'.~,tOhrET..IRY ?ENALTT'; one STRONG ENOUGH to deter violators. Let's strive to keep The City ofTcmccuia a c:ty we can all bc proud Sincerely yours. / Marcia Watkins 4 November 1997 Whom It May Concern City of Temecula ~.~$'} Y IV~.~,,.,,L~.'~. · Re: At~ached Letter We request that copies of the enclosed letter be provided to each member of the City Council and Planning Commission before their next meetings on this subject. ~ Joim -,yrm 4 November 1997 Temecula City Council and Temecula Plattrang Commission 43200 Business Park Drive Temecula, CA 92390 Re: Repeal of Section 17.24(D)( 1 }(f) of the City's Development Code Pertaining to Recreational Vehicle Storage in Residential Areas At a 3 November meeting of the Temecula Plarming Comm~ ssion the referenced agenda item was withdrawn from consideration pending further study of the issue. However, before moving on to the next agenda item, the Planning Commission provided opportunity for the public to voice concerns about the proposed repeal. We would like to comment, in greater detail than the three w. mute Commission hmit allows, on two issues raised during the public responses. Enforcement: Three comments here. First: Commissioner Guerriero asked about numbers of personnel needed to enforce the code. Why has the code not been forcefully enforced to date? Had it been enforced with vigor the number of personnel needed at this time would not be significant. Residents would have been made aware of the inconveniences involved in violaring the code. Initial vigorous enforcement activities at this time might require additional personnel to be used. but a lower level would ult~nately be required. The code enforcement must include significant penalties. Some people have to be hit over the head with a 2 x 4 to get their attention. Second: One speaker from a Homeowner's Association noted that asking the HOAs to enforce parking regulations pits neighbor against neighbor, leacling to neighborhood feuds and hatred. He suggested that the City is the better regulatory agency. Comment: Our experience in 3 HOAs over the last 16 years is that the speaker is right. Asking the HOAs to enforce pro'king regulations on city owned streets can lead to feuds. anger, and, in extreme cases -- violence. The city owns the streets. The city has an enforceable code on the books. The city should enforce it. Without that enforcement the HOAS are forced into long, expensive, and sometimes losing legal battles with people who have little regard for their neighbors, their neighborhood, or property values. "Curb appeal" is a significant factor in home re-sale. A cluttered neighborhood reduces curb appeal. Third. Other cities can and do enforce the same or similar parking regulations. Temecula can either help maintain the beauty of its neighborhoods or remove the code and contribute to their deterioration~ RV. 1Ro~t.~. Eta..qtnr~oe: We note that an agenda report concerning this item s~ates that the City's Code Enforcement Officers "have met with resistance from property owners who have no where else to store their trailers, RVs, and boats. However, the City ts currently processing several applications for self storage focilitt~s. These are expected to provide additional storage oppo~unities." Comment: Are the majority of City residents to be penalized because some residents will not accept their responsibilities as citizens of Temecula and (where they live in HOA~) members o/'HOAs? Ignorance of the law has never been a legal defense. People with RVs, Wailers, boats, tanks, giant earth movers, tar roofing trucks, elephants, and Siberian Yaks have a responsibility that we all share -- to conform to all established laws, codes, rules and regulations-- whether they like them or not. We appreciate your consideration of these items as you move to reconsiderarion of this issue. We urge retenlion of the code -- and its vigorous enforcement. Sincerely, 322:~7 Placer Belair Temecula, CA 92592 693-0929 cc: The Californian R. Bradle.~ G. ThornhEll October 24. 1997 Temecula City Council OCT 2 ~ 199/ Dear Council: We have lived in Temecula for eight years and are proud to say there is very. little to complain about. Our City Council listens and acts for all our behalf. In today's politics. this is unusual and appreciated. The issue of RV and boat parking m our residential areas is of concern to us for two reasons: (I) If our City Council can elect to not enforce the Codes of Record what other laws and codes can they elect to not enforce7 f2) With the "announcement" that this code will not be enforced. we have in effect given an open invitation for more of what is already a blight on our neighborhoods. Many times the paricing of RV's and boaIs on the driveways necessitates excessive automobile parking in the streets or cul-de-sacs. Policing is not a problem ff the fine for infi'action is high enough and well published. A $500.00 per day fine will clean up what is beginning to look like a resort parking lot throughout our beautiful city.. M.r. Roberts and Ms. Birdsell must start looking around more and listen to the electorate. This citv is larger than just Meadowview! We applaud the efforts of Mr. Stone and Mr. Linderman who on all issues have the pulse of our entire commumry. Mr. Ford. you will do well to follow their examples. We urge all of you to reconsider this issue and perform the job you were elected to do. Please obey and enforce our laws: they are there for a good reason and it is not your job to excuse them. ~---$~cerely. Betty Jo Porter 40221 Tuolomne Court 9091699.6968 VIA FAX 20 October 1997 TO: City Counct] Iqembers Ctty of Temecula SUBJECT: Chapter 17.24 of Development Code - Section 17.24.020 Off-Street Parklng and Loadlng Hy name ts Joanne Phillips and [ restde, with RY husband, Oliver at 30361 Tradewater Ct. in the City of Temecula. The City Count11 has had various discussions recently regarding Off- Street Parking, and more specifically as pertains to RVs, boats, etc.. Back on 6 August 1997 ! sent a FAX (copy attached) to Ms. Cindy Ke(rsey Code Enforcement Officer, for the C~ty of Temecula - regarding a violation of the subject Code, Section 17.24.0Z0. This specifically ~resses. t~e f~ct of motorhmms parking on the street le all o ray perled and then be1 g y for a street and berne ~ ng able to move it to the other side of the = a..e again to leave i: there for another S days, etc. Zt is hard for me to understand how thts can be all ! beautiful city and you, a- .m~ ........... owed We have a --- . _ a ,,,emuers or :he Git Gounctl, are allow~nq cnls type or unstqhtl¥ thtngs to occur. HO~ ~A~ TH~S BE?????? ~e are members of the The Vt!1ages Home C)~ners Association group and our CC&Rs restrtct overnight parking tn the streets - heNever, tt can- not be enforce BECAUSE THE CZTY OF TEHECULA ZS NOT ~ZLLZNG TO BACK US UP. ~e, too,have a motor home - it is parked behtnd gates (legally according to our CC&Rs) because we believe In following the rules - ! kno~ rules are made to be broken - but that is not how it should be. Zf ~e leave our motorhome out parked tn our driveway for a day whtle we are gerttrig ready to go on a trtp or are cleaning/washing same and the homerdriers association comes by and sees it there, we are ~mmedlately notified to move same - and It's on our own propertyl ! believe tt ~s about ttme that our City Council look out for the vast majority of the citizens of this great city and decide to put a law Into affect that disallews overnight parktng or continuous parking of motor- hemes. boats. big trucks, etc. on our streets. PLEASE TAKE NECESSARY ACTZOM TO STOP* TH!S TYPE OF TH~NG FROM RU~N~NG OUR CZTY A)iO CAUSLNG PROPERTY VALUE TO GO OONN TO SAY NOTHZ~G OF T~E FACT THAT !T LOOKS ABSOLUTELY TERRZBLE - iF ~E NANTEO TO L!VE L~KE TRASH NE SURE I~OULON'T HAyE FIOVED HERE. SZ~CERELY, PHZLLZPS (576.4466) TEMECULA CITY MANAGER AND PLANNING COMMISSION MEMBERS We thank the board members for hearing our plea on Monday evening November 3rd, to stop permanent parking of RV'S and boats on driveways, lawns and streets in residential areas. City Council members Mr. Stone, Lindermans and Roberts were not aware of the seriousness of this problem until they came to our neighborhoods. In fairness to yourself and us homeowner taxpayers, I urge you to give just 30 minutes of your time and persoally come out and see what has happened to this beautiful city. I recommend you drive the following streets; Calle Medusa, Chauncey Way, Yardley Ct., Wellington Circle and the worst of all Windsor Road. The answer to this problem is not Home Owners Associations Its evident that HOA can · not enforce this unless the city invokes and enforces an ordinance to prohibit this sort of thing --_ and please realize that about one third of the developments in our city do not have HOA,S. The California vehicle code governing residential street workin · . parking is not _ _g.. Also, nxether ~s development cod ana cnap=er 10.32. They w~11 never work e chapter 17.24 until rewritten. The penalty must be stronger than "Violation of any provision of this subsection shall be punishable as an infraction". We suggest it read "Violation of any provision of this subsection shall be given a three day notice to correct the infraction or be fined $100.00 per day until corrected. After the third day the owner will be cited and fined at rate of $100.00 per day until the infraction is corrected. The vehicle, trailer, RV, boat etc may be impounded at the cities descretion and the fine shall continue until claimed and fine is paid." It should be published in all local newspapers that this ordinance would become effective in 30 days. Please help us keep this city beautiful. CDRRESPONDENCE RECEIVED PRIOR TO APRIL 21, 1998 WORKSHOP .~.i'-" ','Z?,'_" U"r'A.:i-Y .4.~CV? .42.1. ~E E ¥. '$ A'J2 BC:AT£ -"~.~,~, F.4-RKED ,... " ''7.1~7.-' - · " ........ .~ T. 7E ~ _ . z~-..-~-z :.~a~ .... ~','..~-~'.~::~'lv THiN'ES I:; 'THEIR DRIVE WaYS .~':D GET A~';Y ',';i'_-¥ i_-.i."[£?.E fEE ~ARKS ,ZU? ..-.~:,~_' ;;.YER'". "~ '-' .~A:.i RE]7? ~:,-iSES YE'R 2 .... '-v X B/AUTiTULL A.:.EA =o -~,'-JCi. U.iiiTG A JUL'i[ Y.4_RL. ,,~- ::~,~ ::C ASSC.i.'-_i.iiT -:--.~. :*'-~ ~'X'/i 33&R'S ~-U~ Z:,'. .~iiE 12FiRSEE ?HEM WE - ~"'~ .... -~ ..... R ;'~2"ETi.~,o CN iV. AT 6UF. C? YCUR MEETINGS '~='~ iiiY kA:iTED ~' S~-- --~'HN~T'~' ~"="; =~ ...... ~ .... M ~ ~ARK ,-i, CU~ STREETS i. CCKiZ.3 .4." S~Z-"Ci'~'~ ELSES %',kECK "u= ,n~.,;a. NOT ALL .r~CTCR HCNES ARE -_F.,~ CF THZK .-,E.--' JUiCL'-iS, S ALSo,:";,' '"~ ~,:r:- ~.~- . ,.__ ..... ~.= .~(.UT .... C.4.r.~/,R SHELLS T_..-.c =E.Z. HAV£ _--~_RKED El; '-'-HEIR u.'~.~vE','/AYS? ZHiS iS A GiSGRACE. CE,.',:ECULA IS ---: "--iZULi .-,,,m ,,= DC3?' ~'~ = ,,~: ..... :r,, i:~T~. --,..~Tz:,,~ ?ERRiS.THAT'S -~ ."':ESS. S~:'i:':~i~,;C- 3L'--'i--R ~_' D, NZ R=ALLY S6CN ~EFC?.E IT'S TLC LATE. ','.'-'-. ---:.lie =-----v Do~D ~:'~'- ' -,, ....C$ CUR ~F~ -:~' ~P-',,-Y, ~ S EEAU~iFi'L! .',:n .rAiD · ' 'JR H ;(_._.-..~'.~= JU~U(EitS ~SZ LC'WERi'.;3 TF."Z VALUE CF LUll PRSPE?,_-Y.WE AR-- K_=Aiiy .......... : ''T 3.4.:; iT T ..... .-- ..~.a.Z.~ "~ :':-'--~ -'~- -~ ......... :';X,.: Y, US >:EETIZi- , ,' - ', · ', '-'=--- ;; iT':-- F(-~AY_-iT'- = W=_._ 7 .... --"== v '~' , .......... ....... .-- ........... .~.. ,. W H'-' ,,' ;, c FEEL .4.3,. iJ'. --.'-'iZ .:YET _-" '.,S._ '¥;E L, MiSS i.:'.'Z ',', ':iK S:.-vjF. '.'.'Z . i '/Z '" ..,..,F.S 77 FE !'"; _.:= f~'-;'~A:7!' ' 5 A~ ..,,~ 'i .o --"DZE;i :(E.-,.D"W ~ D.',.'F'T.,? --.=.. --= i-u 2:73 1'r Vii."'7{ iS SC:.'T':T"E- _"iS 'z.Y = m ,;- ,-, =, 'J.YE~K T-, ~-~. -'-R ~"-URSE/VES ASK -%L,-L THE };EI:SH30RS A~..~CUT IT THANK YCU DEER ?.?EAD£,,W RD. ~" -"~'~ '- ' C;.,i. April 4,1998 :Mr. M. Fagen Ass. Plarming Commissioner City of Temecula Dear Sir, I would like to address the new street parking regulations you and your group plan to discuss on Tuesday April 21. Having served on "The Villages H.O.Assoc. Board" in various capacities and am currently the president of this board, I certainly know how difficult it is to enforce the C.C&R's as well as any laws or regulation"s. Commercial vehiciles, boats.campers.large motor homes as well as simi-tractor trailers certainly do not enhance either our residential or commercial street. It is my understanding that vehicles of this nature are simply cited by our police depi..with a 72 hour notice to remove. What happens is the owner of the vehicle moves them within the allotted time frame across the street or down the block. A solution for this on going problem might be as follows. Issue permits by mail or in person for a day or two to load or unload these vehicles or for out of town visitors. To cover any expense for issuance could be $5.00. These permits would have to be attached on the vehicles windshield with an expiration date clearly visible. Traffic tickets and fines would be issued on the expiration date. No more "Warning Citations" of 24 or 72 hours. Lets not move Vehicles across the street but out Of the residential neighborhood to insure a pleasing sig, ht and also improve the safety of our streets. Additionally large simi-truck-trailors should be illegal on any residential street at any time, with the exception of residential moving vans for home owners goods pick ups or delivery.. ~ I do hope to attend you work shop and am grateful the city is taking a real' interest in this ongoing problem. IV~'s. M.C.Sawyer Ternecula Norman Taylor 30048 Via Velez Place Temecula, CA 92592 Subject: Parking/Storage of Recreational Vehicles in Residential Zones Dear City Council and Planning Commission Members: Recently the Temecula City Council agreed to give the so-called "pioneer businesses" a break worth a million dollars or more. Why not give RV'rs a break at no cost. We bought and brought our RV's here to Temecula long before the city proposed this new unfair ruling on RV's. We RV'rs agree to have them removed from our city streets. To make us remove them from our own property and driveways is absurd. I want to give you an example of how pathetic this whole situation is. an official complaint to the city that a train caboose is sitting over in a neighborhood and I think it is an eyesore to My City? Can I file Sincerely, Norman Taylor 10 April 1998 City Council and Planning Commission City of Temecula c/o Temecula City Hall P.O. Box 9033 Temecula, CA 92589-9033 Re: The RV Problem A prior out-of-state commitment prevents me from attending the joint City Council/Planning Commission workshop on the RV problem. Since I cannot be there to express my views I am enclosing a copy of my letter to the City Council, dated 19 March. Please give it the same attention you would if I were there to express it in person. Sincerely, Job 32237 Placer Belair Temecula, CA 92592 693.0929 e-mail: j&jshow@vmicro.com cc: Mr. Bill Gray Enclosure: My letter to the City Council of 19 March 1998 19 March 1998 City Council City of Temecula c/o Temecula City Hall P.O. Box 9033 Temecula, CA 92589-9033 Re: The RV Problem RV owner Ed Salitore has recently been quoted in the newspapers expressing his concerns on the subject "problem". We would like to again present an opposing view. · Temecula has an ordinance concerning parking of RVs, boats, etc. If you live here you should obey the local ordinances. And. Councilmember Ford, enforcement of the ordinance doesn't imply that we're a "trailer police" city anymore than enforcement of speed limits means that we're a "speed limit police" city. Enforcement of city ordinances helps maintain the attractiveness of our neighborhoods and the city in general. We have ordinances because some people aren't considerate. That's sad, but very true. For an ordinance to be effective it must be enforced. We do not understand why the city has suspended enforcement of the ordinance until the matter is resolved. The ordinance is on the books. It should be enforced. The longer it goes unenforced the more RV owners will believe that they have a right to ignore it. · We agree that RV owners need to be able to load and unload their vehicles, along with limited servicing. But 5 days parking in front of private residences encourages people to violate the intent of the ordinance. Why should loading, unloading or limited servicing take 5 days? And some RV owners now move to the street after 5 days. Then -- ' · Many RV, etc. owners get around the 72 hour street parking time limit by moving their RVs, etc. to another location before they are ticketed; then leaving it there for a few days before moving again. This defies the intent of this ordinance, which is to prevent long term storage of RVs, etc. in our. neighborhoods. That's tacky. That situation should be corrected. Owners need to be able to load and unload their vehicles, along with limited servicing. Why should that take more than 12 hours? -- if even that? Five days parking in front of private residences again encourages people to violate the ordinance. · Mr. Salitore has to pay fees to his homeowners association for parking his vehicle in that association? That's between tiim and his association. He should have read the CC&Rs before deciding to live there or acquire an RV. Has he ever heard of a concept called accepting responsibility for his own actions? Has he ever heard of a concept called being informed? In a city we all live close to one another. The unfortunate fact is that what you and I do on and around our property impacts our neighbo- .nd neighborhoods. The RV owner has rights? Sure. but they also have responsibilities, including care for their neighbors, neighborhood, and property values -- theirs and ours. Sometimes we all have to subordinate our own rights to those of the community. The city can help the owners of RVs by trying to attract more RV storage business to the city and giving them "fast track" approval. Heavy emphasis on security should help ease the fears of the RV owners. Sincerely, ~o~h.' Lynn 32237 Pllicer' Belair Temecula. CA 92592 693.0929 e-mail-j&jshow@vmicro.com cc: Mr. Bill Gray The same E-mail was sent to all CouncilmeWoers From: "Chuck Hankley" <hankley@vmicro. com> To: TEMECITY. TEMECULA (ROBERTSR) Date: 3/18/98 12: 40pm Subject: R.V. Parking ¢c: R. Bradley G. Thornhill To: Mayor of Temecula From: Charles and Donna Hankley 31745 Via Cordoba Temecula, 92592 (E-Mail "hankley@alphainfo.com") re: Recreational Vehicle parking in residential areas. We are owners of a Recreational Vehicle and strongly feel that they should not be parked or stored on residential properties for prolonged periods. They should only be in a residential area, limiting the time, for maintenance or to prepare for a trip. Before purchasing our home in Temecula we investigated the regulations concerning Recreational Vehicle parking, as any prudent person should. We found the rules compatible with us and the city*s desire to maintain the ambiance of the city. We came from a city where Recreational Vehicles were parked every which way - on private property - on the street - or wherever. Some were one step from the junk yard. Some were lived in at the residence for prolonged periods. This was either allowed with no restrictions or the regulations were overlooked, the area looked blighted. Particularly as more families acquired these adult toys. Please keep this from happening in beautiful Temecula. Don*t let the residential areas of Temecula become a Recreational Vehicle yard. We don*t feel that our neighbors should have to share our Recreational Vehicle desires or tastes by having to stare at our Recreational Vehicle parked in our driveway. We are not opposed to Rpcreational Vehicles parked in residential areas so long as they are completely out of view from the street or the view of their neighbors. The lot sizes and driveways of most homes in Temecula are small and are not conducive to parking large vehicles. We pay for storage and feel this is the responsibility of the RV owner. Remember something that would appeal to one can be an eye-sore to another. To repeat - If you can afford a RV, you should 5e able to pay for public storage. Living with the results of relaxed rules would be harder for the majority of residences to live with than the City*s current ability to enforce the exiting rules. Thank You Charles and Donna Hankley George ~arshall 31880 Corte Poei~a Teasouls, California April 13. 1998 Mathew F~g~n Accoclare Planner City of Tomsouls 43200 Business Park Drive Temecula. Ca 925B9-~033 Subject, Par~ing of recreational vehicles - Boats - trailers - and/or like kind on city streets in residential zones. Dear ~. l~agan, In order to establish a more noeltire control over the harking o5 ~ubJect vehicles on cid2 streets in residential zones within the city of ~emecula, it is respectfully requested tha~ a city ordinance be drafted to clearly define the regulations and limitations under which this practice will be .~er~itted. This ordinance should include. but not limited to the following, P~rking of recreational vehicles. boa~s, trailers, and/or like kind objects, are limited to a. period of no more than 2~ hours. Owners of vehicles who exceed this ~ime limit will be subject to a fine of 50.00 dollars for the first offense and 100.00 dollars for the second offense occuring within a time frame of 3 years. In those. ins~ances where a third offense occurs, vehicle impound action will be taken, and all related'costs, including, but not limited to. fines and impound fees must be ~aid by the owner prior to the release of vehicle ~n¥ o lye d. In certaLn exceptional cases where compliance with the 2~ hour ~ime limitation cannot be me~, such as for visitors, the homeowner must obtain an "hx~ended ParEing Per. it' from the city of Temecula for a fee of 50.00 dollars, which allows parking ti~e not xo exceed a maximum of (?) seven days. This seven day time period co~ences on the firs~ day the vehicle is in a parked nosition, and mus~ be ~ositioned in front of the homeowner's residence, This '~x~ended Parking Permit' ~ay be renewed for one time only for an additional fee of 50.00 dollars. £LTB-ciBB-60~, TE :~T B66T/£T/I;,G !. ~B,d -- ,F../.L6 ~69 606, ~uo.~:j .. ~e!,'~:l.l, g&6!. '£L I~,~o~ A. Apgtt 13, ~1998 11:&1m~-- Fro, 84/13/1998 12:31 · ~ 9173' -- P=;e 2] 35-9173 PAGE 82 Subject ~ Page 2 k~ril 13. 1998 Parking of recreational vehicles - boats -- trailers - and/or like kind on city s~ree~s in residential zones In the event the permit time is exceeded. impound action will be ~aken and all related cost. including. ~ut no~ limited to, fines and impound fees must be ~aid 1my the owner prior to release of vehicle involved. Due to the construction of t~e Metropolitan Water District Reservoir. s~ecial attention to this sub~Ject merits particular importance, as a major influx of these types of vehicles in~o our city is imminent. In view of the aforementioned comments and suggestions. perhaps a Ballo~ Initiative for our next General Election could be develoned, to allow all our eligible citizenry an opportunity %o partici~ate in ~he final.decision process of the policy related to this subject. Your ~romnt action in this matter is appreciated. ($i.~_natorys are members of the Board of ~he Villa Avanti Sincerely, an organization re~resenting. ..... "?~ homes.) George ~mrshal¥ Norbert M. Bunt Frances Bunt )ia co, Council Members - F~3C No. City of Ternsouls: 69~-1999 Jeff Comerchero Steve Ford Karl Lindermans Ron Roberts (Mayor) Jeff Stone Linda Fahey (Planning Commission - Chairperson) NN~, fb ATTACHMENT NO. 3 CITY OF FULLERTON RV STORAGE ORDINANCE 15.17.030. Coudlfiom of permitIed uses. The foUowin8 qualLficadom. limim~o~. and ctmdi. Uons shah be applicable ~orhe uses _=_a,,~ri_ '~ in Table 1~.17.020 above. Them shaU be in addition ~o any quali- fica~o~. LmUuuons. oF condRions s~ fcr~ in r~c u.~ ~¢fimueru of Chapte~ I~.CM of ~is Uric: A. Mu10pk-fam/ly dwcUings ~ i~ciudc coopera- tively owned apartments and condom~ums; B. Mobile home parks shaU comply rata tJ~s~ dcvcl- opmcm ~ included m Section 15.17.13,10 and Se.~uon 15.I7.050: C. The ~nm~g of tooms ot the pmv*kting of board. ca. both. sh,~U be. [inUt~d ~o a total of ea'ee ~ Pet dwcU. mg turn in R-1. R-IP. R-2 and R-2P zones: D. ~cessory. I~,it~ngs. sm~cmres. and ~ses pemue~d in the R- 1. R-IP. R-2 and R-2P zones simll be limi~d to: 1. Privazc garage~. Teolhouses. wotksh,,a~. amenme. and g~eahous- · s Cpriva~ and ne~commc~;al), Park~g and/or sxcrdg¢ of z~:~azion~ ca' ud/it3, vehicles. motorized. or nonmotorized. is pernutm:l provided all of the foUo~ing tomtitions ax~ sazis- Red: a. Such w. hi¢les stuff no~ be occupied for hv~g purpose. b. Such vehicles ~ be !~q~lcd to those c~mcd by the occupam of the dwelling u,'UL stored whc~ such padr/ng c~ s',,.~-~e shaU conrotate a cleat and demonsubic vchicu~ traffic h,,~'d. or be a ttu-t~ w pubBc hea~u~ ^ te:tca~onaJ vehicle shall no[ bc paticed s~oted ~ithin ~he born ym'd whct~ u~ L~ a~ ¢x.tstU~g driveway ot other access to the rca~ ya,'d of the teedonce thaz can accommoda~ such ve.~cle. parallel to ~h¢ from IxopmY line is pmhibimd e~ce~ where a curved er c~uLar dfi~u. uy exL~. In ~hose cases. sutuble sczeening of u~¢ ~'caaonal vettitle shaU be swmunmg -p~.~l~. remus cora's. cabaret. and mmLL~ te.~'~a~on ~n~!iues for the so~ ~ of the oco_~t~ of t~¢ l:~emLsgs and they {ue~. vialed ~ such faciLiU~ shall not occupy any portion of a tequ. a'gd fi'o~ yazd and ate stubbly scteeaed from adjacent Froix:me.s: £. Priv-ag park/rig a~.as shaU co~fctm to me fol- lowing cond~io~s: Such ~ shah be ~nptoved and maintained m accordance Mth the provisions of Secucm 15.,~.150 of It~ Uric. except tha~ the P. XlUa~ fi.fieer~-foot sin:back f~orn any street ma.U be land- scaped in its rarity and not ~s ~han five pcr- ce~t of the temair~ of the parking ar~ shall Alon{ any co~uncm boundary ~ith property zoned R-I or R-IP. · sLyfoot hiih omamennd nmmm-y w-~l or woodea fcn~ shaU be ptorktex$ and main. tamed. Where a diffetenuaJ in grade ¢~hms be- tweea ~ two Frope~es. the heigh~ of the waU shaU be ~duced one foot for each two fee~ of ~rade di~et~tial. pruvided t~t in no case. except ~thia fir*men feex of the m*eex tine. ~ such ardJI be less It~ six feet i~ heisht as meresuzuki f~n th~ commc~:ial side and fony.r~o inches in Oracle di~fcrenrini shall bc dctm'nUn~d from build~n~ ~ el~vaz~on. if h:nov, m. arid if not imow~. G,.,,,, an ~.;.~.-,~ ncu'mai b~iding pad ¢iev'aziee. AJoa{ any "R' zoa¢ boundary not o~ pro- tected by a masonry ~ 1ocar, ed on ~e park:~g 1o~ sidg there shaU be instaUed and ~ a concrete curb or ~nber barrier not less thaa six mche~ in height and iotaled not less ~an two fcct eum ~d boundary, 4. No such area sh~U be used for the commer:t~.l norage of cats. tracks. boazs. or tr~e~. 5. No habitable szructu~:s shaJ. l ¢~st on the pa~cgi din-rag x= use as a parking area. 15-32 Edward V. & Evelyn D. Salitore 42733 San Julian Place Temecula, Ca 92592 Honorable ~layor Ron Roberts Ci=y of Temecula ,Calif. Dear ~Iayor Rober=s: We really appreciate your kind letter of recent date, reco~nizin~ our valid interest in one of the most controversial i~sues facin~ our City Council and the citizens of our outstandin~ City Re: Parking/' storage o£ Recreational Vehicles in Residential Zones. Along with the valuable and important cooperation of the Good Sam Club which has a membership close to one million families who own and enjoy Recreational Vehicles,=he "~4e Love RV's" club of Temecula has put =o~e~her for the City Council a R.V. Informa=ion Packet labeled "FOOD FOR THOUGHT" w~ich we hope =he Ci=y Counc11 will take =he ~ime =o carefully consider for inpu~ ~o include in an R.V.Park- ing Ordinance free of LegSand Cons=i=u~-.,nal.implicatlons. FOOD FOR THOUGHT'" The Planning Co--lesions recommendation ~o= only to endorse re=- ainlng the existing Ordinance bu= also strengthe~ and vigorousl~ enforce it,co=ally ignores the Parking Rights of Recreational V~hicle owners, as well as having Legal and Constl=utional implications There are'2 sides =o =his "Hot" issue,the Recreational Vehicle owners, and =he antl-RV'ers. Both have inalionable rlghts which mus~ be protected. An=i RV'ers who base le~iti~a=e pro~'eable claims in a Cour= of Law which a~verselv a£fec= =he Heai=h,Safe~y,~:~ ~el£are of our Cor~nunz:= have our complete sympathy,and support. Part~e~ "esponslble for the abuse should be held accountable,and deal~ with ac:.'~'~inEly. However we heartily disagree ~ith the '.~i-RV'ers who condemn Recreat- ional Vehicles as eyesores,Crappy Iook~:~,Property de8raders,etc.These complaints are illegal and should be dzsregarded."Beau~y is in the eves of the Beholder". Denying RV'ers ~he privilege and right o£ properly' parking the~ vehicle~ on their o.wn proper~y is discriminatory. -more- ~avor Roberts Salitore's It is difficult to find a case where an RV properly parked on private property has resulted in decreased property value. As a rule most Realtors will point out the fact that RV parking is a plus when property is sold. Most RV owners have substantial investments in tfmir vehicles and take pride in them and their homes, to ask them to park elsewhere we feel is taking away their Rights as property owners. Please find enclosed 2 letters and copies of other Citles Recreational Vehicle ordinances which we hope will be helpful in resolvin~ Temeculas' Recreational Vehicle parkin8 in residential zones. Sincerely, Ed and Erie Salitore Encl. cc: Council members Honorable Councilman City of Temecula Edward V. & Evelyn D. Salitore 42733 San Julian Place Temecula, Ca 92592 RE: Tuesday April 21s~ Joint City Council/P!annlng Co~isslon Workshop--Discussion of Parking/Storage of Recreational Vehicles in Residential Zones. Dear Councilman Enclosed are copies of other Cities Recreational Vehicle Ordinances, which we hope will prove helpful to you as well as staff as input in resolving Temeculas' Recreational Vehicle Parking in Residential Zones. Sincerely, Ed and Ev~-Salitore Enc!: Response to Mayor Roberts letter dated March 20,1998 re CASE HISTORIES and ORDINANCES FOR: sno, Ca Fullerton,Ca La Mesa,Ca Misslon Viejo,Ca Pasadena, Ca Salinas. Ca San Bruno,Ca San Diego,Ca San Rafael,Ca £anta Clara,Ca est Covina,Ca uclid,Ohio 5trongsville, Ohio MIKE RAMEY LE/'rER OHIO, Euclid One of the most significant decisions involving RV parking took place in Euclid. Ohio, m 1977. This was a major victory for RV owners for t`.vo reasons: the focus of the case was on aesthetic values, and the case reached the U.S. Supreme Court. Following is a synopsis of the events that led to this landmark decision; the text ,.',,as prepared bv Corinne Shulman. a California attorne'~: The case is known as City of ~uctid v. Fitzthum. et al., 48 Ohio App. 2d 297,357 N.E. 2d 402 (1976), cert. denied 429 U.S. la94, 51 L. Ed. 2d 540 (1977). ~me vears ago, Euclid, Ohio, ,_opted an ordinance that pro- ribired the parking of "any type of truck, trailer. auto trailer or trailer coach" in residential areas. on either public or private prop- ertv, unless such unit was "parked or stored in a completely closed structure." In 1974, nine RV owners weru cited for parking their RVs on their property, and they and others banded together in a determined effort to fight the ordinance. The matter was tried at the municipal court level as a criminal offense and the owners were found guilt}' and fined. trial court finding the ordinance constitutional. THe RV owners appealed and ',e Ohio Court of Appeals versed their convictions, finding the ordinance unconstitu- tional. It is that decision, made February 1976, to which we've reierred vou, for subsequent petitions bv the City of Euclid, first to the Ohio Supreme Court and then to the U.S. Supreme Court, were both denied and the opinion of the Ohio Court of Appeals is now final. The state appellate court said that in Ohio, zoning restrictions for purely aesthetic reasons are unconstitutional, and that the ordinance, to be constitutional, must be a valid exercise of police power, the power to regulate for the public health, safety, morals, and welfare. The court then stated that: The vice of the present ordi- nance is that the record will support neither an applica- tion of the ordinance which bears a substantial, and therefore reasonable, rela- tionship to public health, safety, morals or welfare nor the imposition of a taxonomic scheme based on any state of facts that mav reasonably justify it. Part of the lack of reasonableness is exposed bv evidence of an uneven regulatory application. Reviewing the facts illustrated the "constitutional inadequacies of the ordinance." The city had produced testimony to show that a trailer parked in a driveway would interfere with access for fire-fighting equipment, would ~erve as a conduit for fire, was more difficult to move than a car, lowered property values, and under certain circumstances, could create a safety hazard bv obstructing the view of street traffic. The RV owners had produced evidence to show that automo- biles (which were not prohibited from driveway or street parking) could be conduits for fire and/or cause fire hazards and mav be unsightly when stored outside. But the state appellate court properly disregarded this evi- dence, following a generally rec- ognized rule of law that it is for the trier of the fact (here the"" court) to resolve conflicts in dence. The court then posed and answered the constitutional ques- tion: Where, then, are the Due Process and Equal Protec- tion vices of the ordinance? They lie in the indisputable fact that enclosing vehicles classified as trailers does not change the fire hazard pro- pensities and it does not enlarge health safeguards. Indeed it is clear beyond per- adventure that enclosure mav diminish health and safety factors by trapping sewage spillage from portable sani- tarv facilities and collecting highly flammable escap~-,~ propane gas which w otherwise be dissipated in ,,e air. These are factors too obvious to be resolved on mere credibility determina- tions. CALIFORNIA, Fresno RVers in the central California ci,ry of Fresno are attempting to change a city ordinance that requires RVs in single-family res- idental neighborhoods to be parked and stored in an entirelv enclosed area or in a rear or side yard that is enclosed bv a wall or solid fence not less than five feet in height. In addition, the city ordinance allows for front vard parking for loading/unloading not to exceed 72 hours in anv month. Even for RVers who keep their rigs in storage, the 72-hour-per-month ~imitation is not adequate for those who use RVs frequently. Not satisfied with the ordi- nance, RV owners formed Fresno RVers for Fair Play and approached the city about making changes in RV parking regulations, but the city refused to negotiate. That's when RVers took advan- tage of the state code that allows street parking for up to 72 hours at which time the vehicle must be moved. Although the citv ordi- nance prohibited RV parking on residential streets at any time, unless adequate signs are posted advising residents of the restric- tion, the city could not enforce the local ordinance. (For a more thorough explanation of this code, see Salinas, California, on pag, e 18.) RVers who had received tickets for parking their RVs on the street challenged the city in County of Fresno MuniCipal Court on April 19, 1993 (People v. Mitchell, No. 473534). The court ruled that the city ordinance was valid, but to be enforced, signs must be posted before tickets can be issued. Rather than going to the expense of posting signs, the citv changed its street-parking ordi-' nance to agree with the state code. However, RVers would prefer to have their vehicles on their private property, and are c~)nti. uing in their efforts to encourage: the city to change the existing ordinance. CALIFORNIA, Fullerton EarIv in 1990, the Planning Commission of Fullerton, California, recommended an ordinance that would have pro- bibired the storage of RVs and utility vehicles within required front vard setbacks, including drivewavs and accesswavs. According to the terms of the proposed ordinance, RVs could be parked on a dust-free surface behind the front yard setback in an area having direct access from a street or alley, but the vehicle had to be stored perpendicular to the front property line. First to speak at the initial hearing regarding the ordinance was Gil Gilbert, who was at that time Good Sam Southern California State Director. Gilbert asked for a reasonable use of property, offering, as examples, compromise ordinances from two other California communities. He also recommended that a citizens' committee be formed to study the problem. The commission agreed, and a committee was organized. It took approximately one year of meetings for the task force to draft and submit an ordinance to the city, but the wheels of gov- ernment turn slowly, and it wasn't until February 1992 that the citv finally adopted an ordi- nance that is acceptable to RVers. RV owners called the ordinance a victory, anti-RV homeowners called it a waste of time and a citv council member called it a "lesson in civics." In essence, an ordinance from the 1960s was revised to be more liberal for RV owners. ORDINANCE NO. 2800 AN ORDINANCE OF T} ]E CITY COUNCIL OF THE CITY OF FULLERTON AMENDING TITLE 15 OF THE FULLERTON MUNICIPAL CODE PERTAINING TO THE ON-SITE STORAGE AND PARKING OF RECREATIONAL AND UTILITY VEHICLES IN R-I, R-2 AND R-2P ZON ES AMENDMENT A-1368 CITY OF FULLERTON THE CITY COUNCIL OF THE CITY OF FULLERTON HEREBY DOES ORDAIN AS FOLLOWS: 1. That Subsection 15.17.030.D.3 of the Fullerton Municipal Code currently reading: 3. Storage of recreational vehicles provided all the following conditions are satisfied. a. Such stored vehicle shall not occupy any part of a required front yard. b. Such stored vehicle shall not be occupied for living purposes. c. Storage shall be limited to vehicles owned by the occupant of the dwelling unit. is herebv amended to read as follows: 3. Parking and/or storage tit recreational or utility vehicles, motorized, or non-motorized, is permitted provided all of the following conditions are satisfied: a. Such vehicles shall ,~ot be occupied for living purposes. b. Such vehicles shall be limited to those owned by the occupant of the dwelling. c. Recreational Vehicles shall not be parked or stored where such parking or storage shall constitute a clear and demonstrable vehicular traffic hazard, or be a threat to public health or safetv. d. A recreational vehicle shall not be parked or stored within the front vard where there is an existing drivewav or other access leading to the rear yard of ~he residence that can accommodate such vehicle. e. Parking parallel to the front property line is prohibited except where a curved or circular driveway exists. In those cases, suitable screening of the recreational vehicle shall be provided~ PASSED BY THE FULLERTON CITY COUNCIL ON February 4, 1992, SIGNED AND APPROVED ON February 5, 1992. CALIFORNIA, La Mesa Back in 1988, Jack Chambers led Good Samers residing in this Southern California community during a successful campaign to fight anti-RV parking legislation. However, the situation reared its ugly head again in 1992. Good Samer Reed Sauter ,,vent into action and asked that headquar- ters send a letter to Art Madrid, rnavor at that time, asking that he modif'v his views on RV parking. ALso monitoring the situation and offering advice was Mae Jo Slager who organized RV's United for Fair Plav in nearby San Diego, where she had led a successful campaign against unfavorable odds (see page 20). While the La Mesa RV ordi- nance was being considered, Ruth Sterling ran for the city council on a pro-RV ticket and won her election. After the elec- tion, the city council bowed to pressure from RVers and voted against the anti-RV ordinance. It was Councilwoman Sterling's first vote in her new position. Mayor Madrid, who cast the only dissenting vote, continued to argue against the more lenient bill, and even claimed that the council's vote was illegal, but the majority ruled. RVers in that community hope that the issue has been resolved once and for all. ORDINANCE NO. 2615 AN ORDINANCE REPEALINC CHAPTER 12.51 OF THE LA MESA MUNICIPAL CODE, RESTRICTED PARKING FOR OVERSIZE VEHICLES AND UNATTACHED TRAILERS The City Council of the City of La Mesa, California, DOES ORDAIN as follows: SECTION 1. Chapter 12.51 of the La Mesa Municipal Code, "Restricted Parking for Oversize Vehicles and Unattached Trailers," is hereby repealed. SECTION 2. This Ordinance shall be effective 30 days after its adoption and the City Clerk shall cerutv to tile adoption of this Ordinance and cause ~he same to be published at least once in the L,? Mesa Forum within 15 davs after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of La Mesa. California, held the 8tl~ dav of December, 1992 and thereafter PASSED AND ADOPTED at a regular meeting of said Citv Council held the 12th day of January, 1993. CALIFORNIA, Mission Viejo After spending just one night in their new home in Mission Viejo, California, Gary and Sharon Hilde were facing serious problems from their neighbors. Although the Hildes knowingly moved into a planned commu- nitv with restrictions, prior to purchasing their home thev took the Covenants, Codes and Restrictions ICC&Rs), a docu- ment outlining the standards established for the neighborhood, to their attorney and were assured that their motorhome would be legally parked. Thev had selected a home on a comer lot with ample room for the rig on one side of the propert): On the dav the Hildes moved into their home, they parked their motorhome on the street ~¥ith the intent to move it onto the property within a few davs, but x~'ithin 24 hours. neighbors complained and called the police, who ordered the Hildes to remove the rig from the street immediateIv. However, even with the rig legally parked on their proper .ty, the neighbors con- tinued their unrelenting assault on the Hildes with verbal com- ments and obscene gestures. The unfriendly neighbors took their grievance to the homeowners' association, but the association board ruled in favor of the Hildes. saying that thev had not violated the CC&Rs and had a right to park their RV on their property.. When the homeowners' associ- ation refused to cooperate, the irate neighbors turned to the citv of Mission Viejo, requesting thai the city draft an anti-RV ordi- nance that would encompass the entire citv. Citv officials said thev had no plans to enter into what thev considered a civil dispute. but thev did propose an ordi- nance on the recommendation of an ad hoc committee, specifying that the ordinance was not to replace or supersede CC&Rs in private communities. The pro- posed ordinance allowed RV parking of any size in side yard provided they were substantial] screened fror~ view behind a foot fence. wall or gate, and allowed RV parking in rear yarc with a site plan to be approved bv the director of community d~velopment. The final ordi- nance passed by the city counci affects RV parking in front of re idences and in drivewavs, but the most part. it represents a tory for RV owners. l~ressure from their neighbor~ was so great that, at one time, tt Hildes had their home up for sale, but since thev had done nothing illegal, thev took their home off the market and decid( to stand their ground. Eventual the neighbors who were causin the most trouble sold their horr. and moved awav, and the rest c the neighbors have relaxed thei views on the issue. Gary Hilde said that it took a good year for the dust to settle, but finally, all peaceful in the neighborhood. ORDINANCE NO. 89-28 NUISANCE ABATEMENT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION VIEIO ADDING CHAPTER 9.04 TO THE MISSION VIEJO MUNICIPAL CODE PERTAINING TO NUISANCE ABATEMENT THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.04 is hereby added to the Mission Viejo Municipal Code, which shall read as follows: 9.04.020 Nuisances designated. It shall be unlawful and it is herebv declared to be a public nuisance for anv person owning, leasing, occupying or having charge of any residential prop- erty within the City of Mission Vie}o, to maintain such property in such a manner that any of the following conc{itions are four~d to exist thereon: (22) Recreational vehicles parked or stored on any street, in the front yard area, or any other location on the propert.,,' where the recreational vehicles are visible from the neighboring property or any street. The foregoing applies even if the vehicle or item is used primarily for some purpose other thnn recreation. Any recreational vehicle without a valid registration or license is considered to be stored. For the purposes of this section: a. "Front Yard Area" shall mean the area between the plane of the front elevation of the main portion of ~ dwelling unit extending to the side property lines and the front property line abutting the street, including the driveway; b. "Property Owner" shall mean the legal owner of the residential property; c. "Owner" shall mean the registered owner of a recreational vehicle and/or other recreational items, which includes. but shall not be limited to, the property owner, renter/lessor, and/or other residents or guests residing permanently or temporarily on residen- tial property; d. "Recreational Vehicle" shall mean a vehicle, boat, vessel or other type of portable structure. with or without a mode of power, and without permanent foundation, which can be towed. hauled. sailed or driven. and is designed primarily for recreational, camping, sailing and/or travel use. such as, but not limited to, travel trailers, motorhomes, buses converted to recreational or other non-commercial uses, vans, trucks with or without camper shells, campers, camping trailers, motorcycles, off-road vehicles, aircraft, boats or other vessels. (23~ Use of parked or stored recreational vehicles, as defined in Section 9.04.020 (22)(d), as temporao, or permanent livi,~g space; 9.04.025 Exceptions. Notwithstanding Section 9.04.020, the following shall not constitute a public nuisance: (5) Parking of n recreatm,~al vehicle described in Section 9.04.0_0(~_} on '~ '~'~ the street in front of the owner's property or in the drivewav thereof, provided the sidewalk is not blocked, while actively engaged in loading or unloading of said vehicle, but m no event longer than 72 hours; (6) The legally ¢ontt,rnlttl.~ ,~rtd approved storage or parking of a recreational vehicle described in Section 9.04.1)20122) in zones or designated planned developmerit areas permitting such storage or parking, a,~d approved by the City; (7) The parking or storagt. of recreational vehicles. as described in Section 9.04.020(22), in the side yard or rear yard of property upon approval of a site plan, provided such vehicles or items are substantialiv screened from view from any street or neighboring property of the same or substantmllv similar grade behind a solid six (6) foot high fence/gate or wall and where ade- quate screening or shrubbery is also provided along the neighboring property line. Boats, ves- sels or other water craft having a mast must be parked or stored with the mast in a horizontal positio,~ regardless of location it' the mast is visible from the street or neighboring property. Site plans under this provisio,~ shall contain a vehicular parking/storage, fencing, wall, gate and landscape plan. The site plan shall be submitted by the property owner to the Director of Community Development. who may approve or t{env the plan or refer it to the Planning Commission at t~is or her discretion. All site plans apivroved under this exception shall contain a condition that it walls. tenting. gates or landscaping required by the site plan are not main- tained, fall into disrepair. or are altered or changed without approval, the site plan approval shall be revoked: (8) Property ~)~.vl~t,l-s ~)t residential property which, bv its physical characteristics mav allow the constructi~n~ o~ a completely e,~closed addition t~ the m'ain living structure in tl~e front area mav apply for a permit to ~uild such an addition for the purpose of parking or storage ot recreatioual vehicles provided that such addition will not result in any exception to the zoning laws or require a variance. The addition shall be compatible with the existing main living structure and shall be designed so recreational vehicles are not visible from the street or any neighboring property. Site plans under this provision shall be submitted to the Planning Commission for approval; (9) ValidIv licensed four wheel drive vehicles, pickup trucks without camper shells or with camper si~elis which do not extend more than one (1) foot above the height of the truck cab, and vans may be parked in driveways, provided tl~e total height of the top of the vehicle as measured from the ground does not exceed ten (10) feet, excluding air conditioning units and vents, and provided no part of the vehicle extends into the sidewalk area. This exception does not apply to pickup tr~acks with sideboards, storage devices or racks extending more than one (1) foot above the cab height or to any other recreational vehicle not specifically listed in this subsection; (10) Validly licensed four wheel drive vehicles, pickup trucks without camper shells or with camper shells which do not extend more than one (I) foot above the height of the truck cab, and vans mav be parked in the street in front of the owner's residence as long as the total height of the vehicle as measured from the ground does not exceed eight (8) feet in height, excluding air conditioning units and vents; the width of the vehicle is less than ninety (90) inches, the length of the vehicle does not exceed twentv-two (22) feet. This exception'does not apply to pickup trucks with side boards, storage devices or racks extending more than one (1) foot above the cab height or to any other type of recreational type vehicle not specifically listed in this subsection. SECTION 3. The City Clerk shall certify the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED THIS 26th DAY OF June, 1989. CALIFORNIA, Pasadena The ciW of Pasadena, California, is familiar to the thousands of Good Samers who have enjoyed taking part in Good Sam's annual Samboree in conjunction with the Tournament of Roses Parade evere New Year's Dav. But while RVers were enjoying ~amboree activities, the city was waging a campaign to completely remove RVs from private property in that communitv. The proposed ordi- nance referred to RVs as "visual blight." Making the situation worse was the fact that Jess Hughston, who was servin,q as vor of the city at that time. ~ an RV owner and member of the Good Sam Club, but he sup- ported the anti-RV ordinance. Even a letter from Sue Bray, Executive Director of the ~ood Sam Club, reminding him ot how much money is pumped into the city coffers evere year by Good Samers and other RVers attending the Rose Parade, failed to swav the mayor on the subject. At tl'~e initial hearing on the subject, the council delayed lis- tening to the RVers attending the meeting until 10 p.m., at which time only two remained to voice their objections to the ordinance. At a subsequent meeting, about 200 RVers showed up with 20 speaking against the ordinance while onlv three speakers in favor of the ordinance addressed the council. The council showed signs of backing off on some of the terms of the ordinance that referred to motorhomes, but refused to change their views on boats and trailers. But all was not lost; there was to be one more hearing on the subject. Again, the RVers showed up en masse at the council chambers and pursuaded the council to revise the ordinance to be more favorable to RV owners, including those with boats and trailers. Because of the excellent organiza- tion demonstrated by the RV owners, council members reversed their views on the subject. When the issue first came up, there was a 20-vear-old ordi- nance on the books that the council determined needed to be updated. Members thought they could quietly and discreetly change the ordinance with little fanfare, but some alert RVer saw the required notice of the in' to change the ordinance; it v published in a small newspaper rather than the city's leading publication. That got the wheels turning, and the RVers organized their winning campaign that resulted in an ordinance that is favorable to RV owners. Mathew Fagan, Assistant City Planner April 14, 1998 Sir: I understand you are considering restrictions on the parking of recreational vehicles within the city limits of Temecula. I live in Meadowview and have my R.V. parked on a cement slab behind my garage. My lot is completely fenced in accordance with the CCAR's for Meadowview. I strongly urge your support in continu/ng to allow property owners to keep their R.V. 's within the confines of their property. Sincere Thanks, Ronald A. Barbeau 29741 Del Rey Rd. Temecula, CA 92591 CALIFORNIA, Salinas For 25 years, the city of Salinas, California, had an ord'inance that prohibited the parking of RVs c~ty streets; the ordinance speci- fied that RVs were to be parked on private property and screened from sight. Few RV owners were aware that the ordinance existed until t989, when the city hired a code enforcement officer who started issuing tickets to illegally parked RVs. Most ,,','ere on private prop- erty, but they were not screened from s~ght. A hue and cry from RV owners -ompted the city to put a tern- .~rary moratorium on enforcing the ordinance while a committee studied the issue, but the com- promise the city proposed didn't change anything or improve tile situation for RV owners...\t tile time the RV parkin,g issue erupted, Bob Taylor, a lawyer. was the only pro-RV mernbcr the Salinas City Council, but he did not carry enough clout to come to the rescue of RV {~wners. Not satisfied with the citv's actions, RV owners formed RV Owners of Salinas and engaged the services of Taylor, who was no longer a member of the city council. The RVers appealed the council to reconsider tile issue, but their plea fell on deaf The RV owners then put thv · ,'d-parking issue on a ballot, but the issue lost bv a landslide. That's when the RVers, under the guidance of Taylor, took a new approach· In California, the city has only the authority given to it by the state legislature over streets and highways. If a city chooses to impose parking restrictions bevond the 72-hour street-parking limit provided for bv the state, there is a state code section that requires the city to post these parking ordinances on .,,igns before they can be enforced. Tavlor claimed that the city's ordinance prohibiting RV parking on streets could not be enforced since the required signs were not in place. To legally enforce the ordinance, the city would have to post signs every 250 feet on streets where the restrictions were to apply. Armed with this information, RV owners took their grievance to the administration hearing officer, but, as anticipated, thev lost. Undaunted, they appeale~i to the Municipal Cot~rt where a trial was held, but again the RVers lost. The next step was an appeal to the Superior Court, and it was there, during a hearing before three judges, that the RVers won a sweet victorv. The Superior Court overturned the Municipal Court's ruling and said that the city cannot prohibit Street parking without posting the signs as required bv the state code. As Taylor pointed out, at a cost of $1~50 to purchase and install each sign, it would be an extremely costly venture that would irritate taxpapers footing the bill. That leaves the city with the option of changing the existing ordinance and allowing RVers to park their vehicles on their prop- erty, or having the rigs parked on the streets, which is not a desir- able option to RV owners, who must move their vehicles every 72 hours, or to non-RV owners or the city. The Good Sam Club does not encourage or condone long-term street parking for RVs. It does encourage reasonable street- parking limits for loading/ unloading vehicles (usua¥ hours), but the Club discou,,ses RV owners from demanding the right to store their vehicles on city streets. However, RVers have moved their rigs to the streets in an effort to encourage the city to cooperate with RV owners in providing reasonable ordinances for parking their vehicles on their own property. Since RV storage facilities will not accommodate the vast number of RVs in Salinas and many other California communi- ties, it was the only recourse, short of selling their rigs, left to RV owners. The Salinas situation bears watching. After the Superior Court ruled in favor of the RVers, the city approached the sta' about enacting a law that v, have eliminated the need for posting signs in order to enforce a city parking ordinance, but the issue was not introduced to the legislature. CALIFORNIA, San Bruno When the City Council of the San Francisco Bav community of San Bruno, California, reaffirmed the council's support for a con- troversial law that had been passed the preceding year aimed at restricting boat and RV storage on private propert.s; Jack Bartalini took it as a personal assault and waged war on the council. Council members soon learned that Bartalini was not a person to be taken lightly. The battle that ensued led to many bitter debates and, finally, to a general election that found ",rtalini leading RVers to a vic- .,'y over the city officials. It was one of the more interesting and hard-fought campaigns in the history of RV parkin,q legislation. The battle heated up early in 1992 when Bartalini was quoted in the local newspaper as s,Lving that what the council was trying to do was "un-American." He claimed that the council passed the anti-RV ordinance without the knowledge of RV ownt:rs. However, when the council attempted to enforce the ordi- nance, the protest from RVers was so loud that the council put a moratorium on enforcing it until October 1, 1992, allowing some time for discussion. It was public knowledge that the mayor and most of the council members were against RVs. Bartalini organized a picnic and rally at a local park, inviting RV owners and the press to attend the rally and organize their efforts to fight the issue. It was a move that brought RVers together to form a united front against ttxe city government. In response, the council put the RV issue on the November ballot, convinced that it would lead to an anti-RV vote. Since it was a presidential election year, a good turnout for tile election was guar- anteed. There were two meastires concerning RVs: One asked tile voters if they wanted to continue with tile anti-RV law as it was, which included prohibiting self- propelled vehicles from parking on driveways, and the other was an advisory measure that would allow parking of certain boats and RVs less than 6 feet 6 inches in height and fewer than 25 feet in length on private property. Bartalini launched his cam- paign to defeat both of these measures. He distributed 10,000 voter-information pamphlets, going door to door in every neighborhood in 5an BrunD, a community with a population of 40,000. He drove up and down every street, looking for boats and RVs, to provide owners with information and ask for a nom- inal donation to finance the cam- paign against the issues on the ballot. He enlisted the aid of others in carrying on a telephone campaign. He was relentless in his efforts to protect the rights of RVers in San Bruno. On election day, the efforts expended by Bartalini and other RV owners paid off; both of the measures on the ballot were defeated. The RV owners were victorious, and the anti-RV ordi- nance has been erased from the books of the city of San Bruno. 3. "Self-transported" shall mean capable of being moved from one place to another over streets, roads and highways bv means of motor power which is an integral part of the main equipment. 4. "Self-transported recreational vehicle" shall mean a recreational vehicle with at least four (4) balloon-tired wheels which is self-transported sucl~ as a recreational van or motor- home. 5. "Store" shall mean to place a recreational vehicle for the purpose of preserving, protecting and securing it for a period in excess of twenty-four (24) hours· B. Garage Parking and Storage. Any such recreational vehicle may be parked or stored in a parking garage on the zoning lot if such vehicle is of such a size as to permit it to be conve- ruentlv stored in such garage with the garage door closed. C. Self-Transported Recreational Vehicle Parking and Storage. A self-transported recre- ational vehicle may be parked or stored in a front, side or rear yard on a lot in a R1-75, Rl-100 or R2-F Zoning District subiect to the requirements set forth in this section· D. Other Recreational Vehicle Storage and Parking. A recreational vehicle which is not self-transported may be stored or seasonally parked on a lot in an R1-75, Rl-100 or R2-F Zoning District subject to the requirements of this section and the following conditions: 1. From April I to November 15 in any calendar year, one such recreational vehicle may be parked in a front yard on a vehicle access driveway or hard surfaced parking area. 2. One such recreational vehicle may be stored on the zoning lot in the rear yard or the side vard. 3. If suci~ recreational vehicle cannot be stored in the rear yard because access for such vehicle through the zoning lot to the rear yard is prohibited by a permanent structure per- mitted on the zoning lot, and such vehicle cannot be stored in the parking garage, such vehicle mav be stored in a front or side yard on a vehicle access driveway of hard surfaced parking area, provided that such vehicle does not exceed 28 feet m length. E. Front ~;~rd Requirements. Any recreational vehicle parked in a front vard shall comply with the lollowing requirements: 1. Such vehicle shall be parked in the vehicular access driveway or hard surfaced parkin.~ area. 2. Such vehicle .,,hall be parked as close to the front building line as is possible, no nearer to any side lot line than 5 feet m a R1-75 and R2-F zoning district, no nearer to any side lot line than 10 feet in a R1-100 zoning district, and no nearer to any public right-of-way than 20 feet. F. Rear Yard Requirements. Any recreational vehicle parked or stored in a rear yard shall comply with the following requirements: I. Such vehicle shall be stored no nearer to the main structure on the lot or an adjoining lot than 20 feet, and to any side or rear lot line than 5 feet. Z. The total area covered by accessory structures and recreational vehicles in a rear yard shall ~ot exceed 30';; ot the required rear yard. 3. The grading of the lot shall not be altered and the drainage of the area shall not be obstructed t~r altered unless approved bv the City Engineer. G. Side Yard Requirements. Anv recreational vehicle parked or stored m a side vard shall not be st, biect to specific side yard requirements except as set forth in paragraph H b~iow. H. General Requirements. Any recreational vehicle stored or parked in any residential zoning district shall comply with the following requirements. CALIFORNIA, San Diego Until 1991, Mae jo Slager was a senior citizen who lived a quiet life in San Diego and enjoyed RVing with her husband. Today, Mae Jo is best known as the gutsy ladv who took on the countrv's sixth largest citv and won. It was a major accomplishment. To achieve a decisive victory in San Diego took a lot of effort on the part of Slager and the RVers who responded to her leadership. It was in t990-91 that tile citv decided to enforce an RV ordi- nance that had been on the books since 1987 and amended in 1988 -t 1989. According to the terms .hat ordinance, RVs could not be parked in a required front or street-side yard, and those m rear and side yards had to be con- cealed from an.,,, public street by a solid. 1 O-foot screen. Determined to fight such an unreasonable ordinance. Sla~er went into action. ~ron'~ a nuc[etL', of 13 RV owners..,,lie organized RV's United for Fair Play. Only one person per family was allowed to become a member and attend meetings, limiting votes to one per rig. As word of the fledgling orga- nization spread. the roster grew at an unbelieveable rate. To establish a war chest, everwine ioining the organization was asked for a voluntary $10 dtma- ~. In Slager's own words. "The onev never stopped coming in." Cbntributions came from Good Sam chapters and other RV clubs as well as individual., and fraternal organizations. What was especially surprising was receiving contributions from Good Sam chapters and individual members as far as 200 miles away from San Diego. Thwugh these contributions, the Fair Play war chest grew to $9,000. Once the organization was established, Slager encouraged a letter-writing campaign directed at city officials; she even pro- vided the names of those who would be determining the fate of RVers in San Diego. She went to .surrounding communities and encouraged RVers to let the leaders of San Diego know that thev were being watched. [iv August 1991, the wheels were turning. The San Diego planning commissioners were fullv aware that the RVers of San Diego were angry. The Sail Diego I'lannmg and Zoning Department made overtures about having a meeting with rep- resentatives from RV's United for Fair Play to determine what changes would be necessary to satisfv the RVers, but since no meeting was scheduled, the Fair Plav members submitted their position in writing. This position offered nine alternatives, including the estab- lishment of a self-governing com- mittee to act on complaints received bv the zoning depart- ment about RVs. If no solution could be enacted, the issue would be directed back to the zoning department for action. The proposal submitted also included a survey of available RV storage spaces in San Diego; the statistics were alarming. There were more than 100,000 RVs of all types in San Diego (including boats), but at the time of the survey, there were only 85 avail- able spaces for civilians and 236 for military personnel. It was obvious that RV's United for Fair Play leaders had done their homework, but their efforts fell on deaf ears. Planning commissioners sent a recommen- dation to the city council that the code be maintained as written. More than 100 RVers attended the planning commission meeting when this decision was made, but not one of them was allowed to speak. As Slager later said, virtually everwine at city hall was against the RVers. Even the powerful San Diego Union Tribune, with a circu- lation of 400,000, took an anti-RV stand. In spite of this torrent of anti- RV sentiment, Slager and her forces rolled up their sleeves and turned their attention to the city council. In February 1992, armed with 6,400 address labels of Good Sam members in the city plus names on the roster of RV's United for Fair Play, Slager and her committee mailed fliers to 15,000 RV owners in San Diego. Printing for the fliers was pro- vided free bv two firms; the cost for postage and paper, which came to $1,160.49, came from the b. 5aid area is perpendicular to the public right-of-way and between the sidewalk adjacent to the property. and the building setback. c. No other on-site alternative placement options are available. d. Complies with Municipal Code section 101.0407(E)(3). 3. Maximum Driveway Width. No driveway or required off-street parking area shall exceed a width of twenty-five (~) feet within a required front or street side yard, or at any point between a property line and an established setback line. There shall be no le~s than thirty (30) feet within a required front or street side yard, or at any point between a property, line and an established setback line. There shall be no less than thirty (30) feet, measured at the property line, between driveways serving the same premises. All ~riveways shall lead to a legal off-~treet parking area on the same premises (and/or to legal parking on neighboring property, if per- mitted by variance, recorded map easement, or other approved mechanism) or shall provide for required parking per Municipal Code section 101.0407(E)(2). F. OUTDOOR STORAGE AND PLACEMENT Storage and placement of material and equipment outside a roofed, fully-enclosed, legally- installed structure is permitted as follows, subject to compliance with all applicable fire, health, safety., litter and building codes. ~. The type and quantity of stored and placed items must be clearly incidental to residen- tial use and enjoyment of the premises; those items, except as exemptetJ below, are further pro- hibited from or restricted within required yard and setback areas by the terms of Municipal Code section l 01.0609. ' 2. Unless otherwise noted in Municipal Code sections 101.0407(F)(4) and (F)(5), all stored or placed items shall be completely screened by legally installed and maintained solid fencing, walls, building, landscape features, or a combination thereof. No item shall exceed the height of the solid screening enclosure, except where City-wide screening requirements are stipulated for specific equipment elsewhere in this Code. 3. Not morethan one (1) fully screened outdoor area may be used to store vehicle and/or other equipment parts and/or inoperable vehicles. Such storage may not exceed four hundred (400) square feet in area, may not intrude into any required yard and may not exceed 10'-0" in height except as prescribed in Municipal Code sections 10l.~)407(F)(4), (5) and (6). 4. The following items may be placed outdoors without screening: a. Any item listed in Municipal Code section 101.0609. b. Home maintenance or lawn maintenance equipment and supplies during actual use. The Development Services Director shall determine the necessity for extended placement when questions arise. c. Game, sport and leisure equipment designed and intended for on-site recreational enjoy- ment when such equipment is set up and immediately available for such use. d. Bicycles, tricycles, children's wagons and other small non-motorized wheeled devices in workin,q condition and used for recreational purposes either on-site or on neighboring streets or properties. A non-motorized wheeled device with any plane dimension of greater than twenty-four (24) square feet is subject to Municipal Code section 101.0407(F')(5). The requirements set forth in this section only apply to parking areas that are located within a required front or side yard setback. To the greatest extent possible, the rear yard setback should be used for ve~icle or equipment parking/storage. Otherwise: 5. For lots developed with interior side yards of less than ten (10) feet, no access to the rear yard and no other on-site parkin§ areas located outside of the front or side yard setbacks, one (1) of the following items may be stored outdoors in the required front or sidle yard setbacks subject to the requirements contained in paragraphs a through c of this subsection 5: 1. Community concen~ regarding the recurring on-street pal .... g of recreational vehicles and the lack of off-street parking provisions for such vehicles have been expressed periodically over the past fifteen years. 2. Although the code does not expressly provide/or parIcing of "recreational vehicles" in single family lots. past and current City. policy has been to treat them as any other vehicle which may be parked on single-family lots. 3. Upon reviewing the pertinent sections of the code, staff is recommending'that the zoning code be amended to include explicit references to recreational vehicle parking provisions. NOW, THEREFORE, the City Council of the Ci~ of West Covina, Califorma. does ordain as follows: SECTION NO. 1: Based on evidence presented and findings set forth, Amendment No. 23-t is hereby approved as consistent with the City's General Plan. SECTION NO. 2: Based on the evidence presented and the findings set forth, Chapter 26, Articles II and VIII are hereby amended to read as follows: ARTICLE II. DEFINITIONS Sec. 26-118. Vehicles, definitions relating to. ~m) "Recreational ¥~hicle" means a vehicle, with or without motive power, capable of human habitation or camping purposes and/or used for sporting, recreation. or social activities including but not limited to trailers, semi-trailers, motor coaches. motor homes, fifth-wheels, campers, and camper shells, and camper trailers. ARTICLE VIII. RESIDENTIAL AGRICULTURAL ZONE/ONE FAMILY ZONE Sec. 26-391, Permitted uses. (h) Parking or storing of commercial vehicles or commercial equipment is prohibited. It shall be unlawful to park or store any commercial vehicles, trailers or other related equip- ment on property which is zoned fo~: residential uses. The provision of this subparagraph (h) shall not apply to commercial automobiles, pickups, panel delivery'trucks and station ~x'agons, passenger or cargo vans. For purposes of this section. recreational vehicles are not considered commercial vehicles. (i) Parking or storing vehicles. Parking or storing vehicles including recreational vehicles is permitted in the Residential Agricultural and One Family Zone on lots which are developed with a private single family residence subject to the following provisions: (1) Within the front vard, parking or storing of vehicles is permitted only upon paved areas. (2) Within the street side vard or interior side yard, vehicles must be screened from abutting streets and/or properties with a six-foot high masonry block wall. fence, or solid landscaping treatment. (3) Within the rear yard, vehicles cannot be located within five (5) feet of the rear property line and must be screened from ab.u. tting streets and/or properties with a six foot high masonry block wall, fence, or solid landscaping treatment. (4) As used in this section, a "front" yard refers to all space between the main building ~also the projection of the main building to the side property lines) and the front property line. "Street side vard" and "interior side vard" refers to all space between the main building talso the projection of the main building to the front and rear property tines) and the street side and interior side property lines. respectively. 27 CALIFORNIA, San Rafael The community of San Rafael determined that the citv's 40- year-old zoning ordinance needed to be revised. After three- and-one-half vears of research, the new ordinance was unveiled, but there were those who were less than pleased with the section of the ordinance controlling RV parking in the city, an issue that the old ordinance did not address. In essence, RVs longer than 20 feet would be prohibited from parking on streets, in drive- ways or other parts of residential property.. Members of the Top of the Bay Good Sam chapter realized that it probably was a few careless RV owners who were responsible for such a restrictive clause in the zoning ordinance, and expressed their views before the city council. The Good Samers felt that these few cases should be handled individually rather than imposing the ordinance on all RVers. When the council members saw the large turnout of RV owners at the first hearing on the ordinance, they realized that the RV issue was bv far the most cc troversial in the ordinance. A fe' spoke against RVs on private property, but since the vast majority of those at the meeting were against the restrictions, council members determined th. the size restriction was not justi- fied and changed the ordinance before it was voted into law. Once again, showing up in a united group to protect their rights paid off for members of tl Good Sam Club. CALIFORNIA, Santa Clara When the communitv of Santa Clara, California, threatened to ban all RV parking in front of homes or in driveways, RVers expressed their opposition to the issue. Some agreed to serve on a committee to draft a compromise ordinance. Meanwhile, anti-RV forces threatened to put an initia- tive on the ballot opposing RV parking. However, the council must approve funding for initia- tives placed on the ballot. Before the issue reached that point, the compromise ordinance was presented to the city council. After the required hearings were held, the council approved an ordinance that most RVers find reasonable. Essentially, RV parking is permitted in front yard areas as long as the vehicle is perpendicular to the street and at least 45 percent of the yard remains in grass. Good $amer Ed Borner said that even though it is a reasonably liberal ordinance, there is little effort to enforce it. ORDINANCE NO. 1634 AN ORDINANCE OF THE CITY OF SANTA CLARA AMENDING ARTICLES 5, 6, 7, AND 41 OF "THE ZONING ORDINANCE OF THE CITY OF SANTA CLARA" PERTAINING TO MAINTENANCE OF LANDSCAPING AND REGULATION OF PARKING IN RESIDENTIAL FRONT YARDS BE IT ORDAINED BY THE CITY OF SANTA CLARA, as follows: SECTION 1: That Article 5 of the "Zoning Ordinance of the City of Santa Clara" is hereby amended to read as follows: Article 5. Regulations for RI-SL Single-Family, Larger Lot Area Zoning Districts Sec. 5-11. Parking Requirements (05/92) (a) Eacl~ single family dwelling shall have two garage or carport parking spaces; these parking spaces shall be prohibited in required front yards or corner lot side yards. A minimum drivewav length of twenty (20) feet shall be required between said parking and any street right- of-way line. (b) Additional parking shall be permitted in required front yards or corner lot side yards, with motor vehicles, trailers, and boats parked in an orderly manner, generally perpendicular to the street. Such parking shall be prohibited in the 35 percent minimum landscaped area. Motor vehicles which do not comply with restrictions imposed by other sections of this Ordinance are prohibited. (c) Parking shall only be allowed on areas surfaced with all-weather materials such as concrete, asph.alt, brick, stone or gravel. - (d) More information on prohibited activities in residential districts may be found in Article 41 of the City's Zoning Ordinance. SECTION 7: Effective Date This ordinance shall take effect 30 davs after its final adoption and before its adoption it shall be published in accordance with the ~harter of the City of Santa Clara. PASSED FOR THE PURPOSE OF PUBLICATION this 5th day of May, 1992. CALIFORNIA, West Covina In 1989, the citv of West Covina, California, was consid- ering an ordinance that would have removed RVs froin city streets at all times. Good Samer Irving N. Rubenstein wrote to headquarters saying that while he kept his 35-foot motorhorne in storage, there were times when he needed to have it at his home for a few davs to prepare for a trip. When the issue came before the citv council for a vote, the majority of the council members voted for passage of the restric- :ve ordinance; it was to become .fective in Februarv 1990. RVers went into action, writing letters and attending meetings to express their opposition to the ordinance. At that point, the council tabled the issue. Letters to the editor started appearing in the San Gabriel Valley Tribune, including one that asked the council to leave RVers alone and address the real issues facing the city, like gangs, crime and the budget. Another addressed a claim by a Covina citv official that RVs parked in drivewavs make excellent hiding p~aces for criminals who have just left the scene of a bur- glary. The author of the letter had been a Los Angeles police officer for 25 years who said he searched hundreds of RVs, "looking for that one burglar who was stupid enough to trap him/herself in one of these vehi- cles. Never found one." However, not all of the letters were in sympathy with RVers. One congratulated the council for their "sound judgment" on the RV issue in spite of the "rude and disruptive behavior displayed by a rowdy group." To resolve the problem, the council appointed a committee comprised of those on both sides of the issue. The resulting ordi- nance allows up to 72-hour street parking; if there is a special need to park longer, the RVer can apply for a permit. The ve~ also can still be parked on ment in front of a residence. RVers find the decision a reason- able one. ORDINANCE NO. 1855 AN ORDINANCE OF TIdE CITY COUNCIL OFTHE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING CHAPTER 26, ARTI- CLES I1 AND VIIi, REL,\TING TO RECREATION VEHICLE PARKING AND STORAGE IN THE RESIDENTIAL AGRICULTURAL (RA) AND ONE FAMILY (R-I) ZONES. (Amendment No. 234) WHEREAS, at the recommendation of an Ad Hoc Citizen's Committee on the issue of over- sized and recreational vehicles, the City Council directed the Planning Commission to conduct a studv and prepare an appropriate draft ordinance providing for recreational vehicle storage within the Citv including consideration of procedures for allowing parking on single-family lots; and WHERE,AS, ~he Planning Commission upon givin~ the required notice, did on the 20th dav of June, ! 990, conduct a dulv a d vertised public hearing as prescribed by law; and WHEREAS, the City Council has considered evidence presented by the Planning Department, fhe Planning Commission, and other interested parties at a duly advertised public hearing held on July 23, 1990; and WHEREAS, studies and investi.gations made bv the City Council and in its behalf reveal the fol- lowing facts: Recreational vehicles, travel trailers, trailers, boats, all-terrain vehicles, camper shells, motorcycles and similar equipment, provided that the vehicle or equipment is maintained in an operabie condition. (An operable. self-propelled vehicle may be parked in the same manner as any other operable vehicle, pursuant to the San Diego Municipal Code Chapter X, Article 1, Division 8.) a. A listed item shall be placed perpendicular to the front property line when the item is located within the required front yard setback. b. For equipment that is Iocat,.~l within the required front or side yard setbacks, a three (3) foot high solid wall/fence or landscape material which shall reach a minimum height of three (3) feet within two (2) years of installation, shall be placed along interior property lines adiacent to the above listed item. c. The provisions of this subsection 5 shall not affect the validity, application or enforce- ment of anv Covenants, Conditions and Restrictions (CC&Rs) or any other agreement relating parking and storage of any of the items listed in this subsection 5 if the CC&Rs or agreements are more restrictive that the provisions of this subsection 5. (AMENDED 7-25-94 BY 0-18088 N.S.) "Rear vard" refers to all space between the main building (also the projection of the main building to the side property. lines) and the rear property. line. (5) There shall be no overhang of the vehicle along adjacent public sidewalks and rights-of-way, and a fortv-five degree diagonal comer cut-off shall be provided to allow clear vision of such sidewalks or nghts-oi-way for at least ten (10) feet along driveways. (6) Parking and stonng of vehicles shall be allowed onlv as an accessory use which is incidental to the primary. residential use of property.. Sec. 26-402.5 Maximum front vard pavement coverage. (c) Administrative Review Board members appeal procedures, time limit and compliance requirements shall be as provided in sections 26-267 through 26-269 of this chapter. Through appropriate procedure to protect the interest of owners of property. abutting the subject property., the Administrative Review Board shall review and approve or deny the following: (1) A modification of the front vard pavement coverage to permit twelve (12) feet of new paving to be added to one side of a drivewav or to anv other location within the front vard in lieu of six (6) feet on either side of the driveway providing it is perpen- dicular to the adjacent street and does not impact adjoining properR'. (2) Substitutions of paved materials for the added paved area if found to be substan- tialiv similar to the requirements of this article. (3) A modification to the front pavement coverage to permit a circular drive. SECTION NO. 3: It has been determined that this project, which consists of a minor amendment to land use requirements is Categorically Exempt pursuant to Section 15305 (Clas 5-minor alterations in land use limitations) of the State CEQA Guidelines and no Environmental Impact Report or Negative Declaration Of Environmental Impact is required. SECTION NO. 4: The Citv Clerk shall certifv to the passage of the Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 13th dav of August, 1990. war chest. It was a gamble, but it was the committee's last chance '~eat the anti-RV ordinance. . he flier encouraged RVers to bombard the mavor and council members with mail and, if pos- sible, to attend the citv council meeting on March 17, 1992, when a decision would be made about the recommendation from the planning commission. Slager's goal was to see that the mayor and each council member received at least 1,000 letters of protest. As March 17 dawned, RV owners prepared to descend on citv hall for the city council meeting. The groundwork was laid. Each person attending the meeting was wearing an electric orange label with "RV's United for Fair Play" printed on it. Before each council member was ~cket of information from s United for Fair Plav with an orange label on it. Before the meeting was under way, more than 900 RV owners jammed the council chambers and an auxiliary room equipped with a sound system to follow the proceedings. Seven represen- tatives of the Fair Play committee spoke, each presenting different information on the subject of RV parking. The presentation had been carefully rehearsed and timed the night prior to the meeting. It didn't take council members long to realize that the RVers were well organized and determined to win. Councilman Ron Roberts took the lead and made a motion that the existing ordinance be changed to meet most of the RVers' demands. All of the council members, including the mayor, agreed, and the RVers of San Diego knew that their efforts had paid off. The ordinance was sent back to the planning department for proper wording and was to be returned to the city council for a final vote on April 21. Needless to say, Slager and her troops attended the April 21 meeting to make certain that the ordinance was acceptable as written. The RVers had to give in on parallel parking in the front yard, but the required fencing or natural screening was reduced from a height of 10 feet to 3 feet. All in all, it-was a great victory. City council members who spoke with Slager said that it was the manner in which the RV owners were organized that swaved the council to take a very favorable stance on the issue. After spending $6,000 for many mailings and other expenses, RV's United for Fair Play had $2,400 that has been set aside for future problems. Meanwhile, Slager has become a driving force in other Southern California communities facing RV parking problems. Her fame is spreading, and others are turmng to her for guidance and advice, which she willingly provides. Her celebrity status has made significant changes in the quiet lifestyle this San Diego senior cit- izen once enjoyed. ORDINANCE NUMBER 101.0407 R-1 ZONES E. PARKING REGULATIONS l. Every premises shall be provided with a minimum of permanently maintained off-street parking spaces in a parking area or private garage on the same premises as follows: a. For each dwelling unit ~ two spaces. b. For each two lodgers ~ one space. 2. Off-street parking spaces shall be constructed, maintained and used in compliance with San Diego Municipal Code Chapter X, Article 1, Division 8, except that the required parking mav be provided on a driveway or paved surface within the front or street side yard on premises where required parking was converted to habitable space prior to January 1, 1992, sub- ject to the following standards: a. Said area complies with the standards for required parking contained in Municipal Code section 101.0813 utilizing a maximum of five (5) feet of the undeveloped public right-of- wav. In no case shall the sidewalk be obstructed or encroached upon by a vehicle parked within said area. OHIO, Strongsville After storing an RV on his property since 1977 and a boat in his side yard, Allen Clancy was not pleased when he learned that an anti-RV ordinance, passed in 1978, was going to be enforced. The ordinance stated that RVs "mav be permitted on a residen- tial lot, provided tiler are stored in an enclosed structure. except that boats and trailers of 18 feet or less in length mav be stored a rear yard." When RV and boat owners protested, the city agreed to tem- ,-,orarilv suspend' entorcement ordinance. However, there .. as strong opposition to changing the restrictive ordi- nance bv the anti-RV forces in the commun'itv. For two years, the RVers con- tinued to negotiate with council members, but it had to be done tm an individual basis so the ses- sions would not be considered meetings. Eventually, the RVers had three council members on their side. In countering argu- ments from those who said they did not like to see RVs in their neighborhoods, Clancy said that he didn't like swing sets, above- the-ground pools and other items that were considered proper. One councilwoman who was strongly opposed to RVs claimed that they were unsafe because of the propane tanks on them, but Clancv shot back by asking her if she had a propane-operated gas grill right next to her home. The councilwoman also mentioned the supply of gasoline in a motorhome, but he reminded her that the cars she kept on her property also had gasoline tanks. She finally admitted that Clancy had the answers to all of her anti- RV arguments, but she never turned in favor of the RVers. However, enough council members did realize that a strin- gent ordinance would put a hardship on RVers and drafted a new ordinance that is quite rea- sonable. But it was too late fi' Clancy; during the negotiati, he sold his RV and his boat because he had been cited and could not locate adequate com- mercial storage near his residence. ORDINANCE NO. 1991 - 136 AN ORDIN..\N(.'F ..\MENDINC SECTION 1252.26 OF CHAPTER 1252 OF TITLE SIX OF PART TWELVE. ['LANNIN£; AND ZONING CODE, OFTHE CODIFIED ORDINANCE OFTHE CITY OF STRONGSVILLE PERTAINING TO RECREATIONAL VEHICLE PARKING AND STORAGE...\S AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF $TRONGSVILLE, COUNTY OF CUYAHOGA AND STATE OF OHIO: Section 1. That Section 1252.20 of Chapter 1252 of Title Six of Part Twelve, Planning and Zoning Code, of tile Codified Ordinance of the City of $trongsville be and hereby is amended to read in ~ts ennretv as tollows: 1252.26 RECREATIONAL VEHICLE PARKING AND STORAGE. A. Definitions. For the purpose of this section, words shall have the following meanings: l. "Recreational vehicle" shall mean any vehicle or equipment designed' for or pri- marily used as a travel trailer, camper, motor hor~e, tent trailer, camping trailer, boat, boat trailer. snowmobile or snowmobile trailer. 2. "Park" shall mean to place a recreational vehicle for the purpose of convenient departure trom ~r return to the vehicle in connection with a planned trip, outing or vacation, tnclu~Jin~ the ~,r~,cc~,.,,e~ ~,~ l~,.~din~ or unloading tile vehicle and preparation of the vehicle. 1. No such recreational vehicle shall be parked or stored on a public or private street, alley, treelawn or sidewalk, except vehicles licensed for street travel may be parked on public or private streets during the hours and in the areas designated for automobiles as specified else- where in the Codified Ordinances, provided such vehicles are currently licensed. 2. No such recreational vehicle shall have fixed connections to electricity, water. gas, or sanitary sewer facilities, nor shall any such recreational vehicle at any time be t~sed for living or housel~eeping purposes on the zonir~g lot. 3. Any such recreational vehicle shall be kept in good repair and in working condi- tion, with current license plate. unless stored in a parking garage. Date passed: Nov. 4, 1991 Date approved: Nov. 12, 1991 LOVE RVS CO1VI1ViI'I'I'J E April 08 1998 Subject: RV parking rights talking points RV owner profile ' Member of a billion dollar industry. ' Recreation/tourism key elements(ie. Temecula ballon/wine festival) "Encompasses all age groups (young families to senior citizens) ' Appx 35% belong to one often national RVclubs((400 families belong to one club in Ternecula) *Participants to this life style are tax payeruvoters/law abiders and generally good neighbors.accomodating where possible RV owner issues/concerns 'Past lot size plans lacked proper clearance for side or rear yard access · Many have had concrete pads and side access driveways poured at great expense and where it was possible 'Storage facilities are costly/un secure/inconvenient/onavailable · Street parking for both cars and RVs not desireable nor safe and. because of state law which requires posting on every block. unsightly difficult to enforce and very expensive But what are the options if property parking is resu'icted? · Perception that owning/parking a RV decreases surrounding propert3d. most realtors say RVs in the neighborhood do nothing to decrease residences value and when a home has RV parking the value for that home is increased. Possible loneerin solutions *Require new development to have a predetermined number of homes with side or rear yard clearance for RVaccess ' Modi~., existing code to be more accomodating for fi'ont yard parking provided side/rear yard not available and safety. and health not compromised *Sanction a citizen committee made up of both sides of this issue and a neutral moderator to make recommendations to the council Summation · Property rights vs individual rights and home owner associations vs non associations are difficult issues which demand careful dialoque and no early rush to judgement to promote fairness and prevent any unwanted and costly litigation or an unwarranted reputation as an unfi'iendly to RVers city Working together we can make n difference !!!!! Respectfully s[Jbmitted. Mike Ramey ATTACHMENT NO. 8 PLANNING COMMISSION STAFF REPORT MAY 6, 1998 R:~STAF'FRPT~49PA9?.PC4 6/24/9~ mf 27 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA COM/vIUNITY DEVELOPM~NT DEPART1WRNT PLANNING DIVISION MEMORANDUM Planning Commission Debbie Ubnoske, Planning Manager May 6, 1998 On-Site Storage of Vehicles in Residential Zones Prepared by: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department recommends that the Planning Commission: Receive the Staff Report and Provide Recommendations to the City Council Regarding Modifications to the Existing Development Code Regulations Pertaining to the On-Site Storage of Vehicles (to Include Recreational Vehicles) in Residential Zones BACKGROUND The Planning Commission was directed by the City Council, at the joint City Council/Planning Commission Workshop on April 21, 1998, to consider the information and direction provided to them at that meeting and provide a recommendation (or recommendations) to the City Council regarding an Ordinance regulating the on-site storage of vehicles in residential zones. Staff has reviewed the comments and suggestions from that meeting and has summarized the issues below. ANALYSIS .e Issue: Current Development Code provisions allow for temporary on-site storage for a period not to exceed five (5) consecutive days. Option: Reduce the amount of time to two (2) days. Option: Allow these vehicles to be temporarily stored for two days utilizing a permit process. R:~TAFFRP~VEHIC-RZ. PCI 4/29/~8 mf 1 Issue: The definition of"vehi¢le" in the Development Code includes automobiles. Option: Remove automobiles and similar vehicles with a lesser "mass" which could be parked on the driveway. Issue: Requiring those who have adequate area in their side or rear yards for storing their vehicle to store their vehicle there. Option: Those who have adequate space be given a time period to meet this storage requirement. For those who did not have adequate space on the side or rear of the house, the option of a permit system was discussed. The permit could be issued for the particular vehicle/house and would require notifying the adjacent residents (i.e., within 300'). In addition, the vehicle would not be allowed to protrude into the right-of-way. Issue: Storage of vehicles in areas where Home Owner's Associations (HOA's) do not exist. Option: Limited regulation ofnon-HOA areas with a grace or transition period prior to being these areas being subject to any new regulations. In addition, comments were received fi'om residents oflarge-lot residential development (~ acre and larger) in terms of screening and on-site parking. It is their opinion that they should be able to have visitors on-site and that the screening required under the Development Code is more designed for tract houses. Staff concurs with this opinion and recommends the Commission consider language to address this issue. Staff will take the direction provided by the Commission and develop a draf~ ordinance for the Planning Commission and City Council's consideration. Attachments: 1. Correspondence received - Blue Page 3 R:~qTAFFRPT~VEHIC.RZ. PCI ~'29~g mf 2 ATTACHMENT NO. 1 CORRESPONDENCE RECEIVED R:~TAFFRPT~V~C-RF~pC! 4/29D8 ~ ~ 27 APRIL 1998 CITY OF TEMECULA CITY/COUNCIL COMMUNITY DEVELOPMENT DEPARTMENT ATTN: MATTHEW R. FAGAN 43200 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92589-9033 REGARDING: MEETINGS CONCERNING 0RDINAN,OES FOR RV PARKING AND LOT USE BY PROPERTY OWNERS SCHEDULED MEETINGS: 28 APRIL AND 6 MAY 1998 IN THE ABOVE SCHEDULED MEETINGS, IT HAS BEEN BROUGHT TO THE ATTENTION OF THOSE LIVING IN TEMECULA, THAT PROPERTY RIGHTS ARE ABOUT TO BE VIOLATED BY CHANGES IN THE EXISTING ORDINANCES LIMITING USE OF THE PROPERTY BY OWNERS AND PARKING OF RECREATIONAL VEHICLES AND OTHER USES WITHIN THE CONFINES OF THE OWNED PROPERTY, IT WOULD APPEAR THAT THE REGULATIONS ARE BEING CHANGED BY THOSE BIASED AGAINST RECREATIONAL VEHICLE PRIVATE OWNERSHIP. FORCING THEM TO PAY FOR STORAGE OF THEIR VEHICLES WHEN NOT IN USE. THOSE OF US WHO RESIDE ON ACREAGE TYPE PROPERTIES ORIGINALLY PURCHASED THIS TYPE OF LOT TO INSURE THE CAPABILITY OF HAVING ALL VEHICLES STORED ON SITE, THESE CHANGES WILL NOT ALLOW THIS TO CONTINUE, HAVING BEEN A MEMBER OF THE COMMUNITY SINCE 1981, LONG BEFORE TEMECULA BECAME A CITY, IT IS APPARENT THAT MY RIGHTS AS A PROPERTY OWNER WILL BE VIOLATED BY THESE CHANGES, THE ORDINANCE THAT WAS PASSED IN 1995 ALSO VIOLATES PROPERTY OWNER'S RIGHTS. MORE TIME AND STUDY SHOULD BE DONE PRIOR TO ADOPTING CHANGES, AND THOSE MEMBERS OF THE PLANNING COMMITTEE WHO VEHEMENTLY OPPOSE RECREATIONAL VEHICLE OWNERSHIP AND PARKING ON PRIVATE LOTS MIGHT WISH TO TALK WITH THE MORE THAN 5000 OWNERS OF RVs WHO CURRENTLY RESIDE IN TEMECULA. I WOULD LIKE TO SEE ALL THESE PEOPLE NOTIFIED OF THE PROPOSED CHANGES BY OTHER THAN JUST NEWSPAPER ARTICLES, L /~l ¢ 39450 PALA VISTA DRIVE TEMECULA, CA 92589-0325 Dr. and Mrs. Charles E. Isaac 41797 Corte Camara Temecula, CA 92592 April 24, 1998 Linda L. Fahey, Chairperson Planning Commission City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 APR 8 1998 Dear Chairperson Fahey: It has come to our attention that Recreational Vehicles parking regulations are under discussion for changes. We wish to voice our concern. We live in the planned community of Vintage Hills. We live on a 10 house cut-de-sac. We pay for storage of our 22 ft travel trailer at a facility in Menifee. We do not have the option of on-site parking since it is prohibited by our Home Owners Association. We believe we present no public safety hazard and do not impact the value of our neighbor's property value when we occasionally park our rig on the street. It takes on average one hour driving time each way to pick up and return our trailer to storage. Most of our usage is on weekend Irips. We load Friday evenings and leave early Saturaday mornings. We usually return home late Sunday to unload, and then return the trailer to storage on Monday. We don't take that many trips normally during the fall and winter, but summer is just around the corner. We look forward to being able to take some get away weekends We respectfully request that the City NOT adopt an ordiance that would prohibit our abilty to park overnight in front of our own house for up to 72 hours. If we should lose this parking priviledge; it would VIRTUALLY DENY ACCESS to use our own trailer!!! We deeply appreciate your immediate consideration on this matter. Please feel free to call us if you wish further information. We both work days, but usually someone is home by 4:30 p.m. Our home telephone number is 909-699-3923. Thank you. Charles E. Isaac, DDS Mary EI'i lsaa~ ATTACHMENT NO. 9 PLANNING COMMISSION STAFF REPORT JUNE 3, 1998 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: Planning Commis_si~? Debbie Ubnos~, P'lanning Manager DATE: June 3, 1998 Planning Application No. PA97-0349 - Amendment to Sections of the City's Development Code Pertaining to On-Site Storage of Vehicles (Including Recreational Vehicles) in Residential Zones Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ?,BOPT Resolution No. 98- recommending that the City Council approve a Resolution entitled: "A Resolution of the City Council of the City of Temecula, California, Amending Sections of the Temecula Development Code Pertaining to On-Site Storage of Vehicies in Residential Zones" based upon the Analysis and Findings contained in the Staff Report. BACKGROUND The Planning Commission was directed by the City Council, at the joint City Council/Planning Commission Workshop on April 21, 1998, to consider the information and direction provided to them at that meeting and provide a recommendation to the City Council regarding an Ordinance regulating the on-site storage of vehicles in residential zones. Staff reviewed the comments and suggestions from that meeting and provided issues and options for the Commission at their meeting of May 6, 1998. The Commission reviewed the issues which were accompanied by potential options and received testimony f~m sixteen (16) residents at that meeting. At the conclusion of the meeting the Commission continued this item to their June 3, 1998 hearing and directed staff to bring back a draft Ordinance. ANALYSIS Staff has addressed and/or clarified the following issues based upon the direction provided by the Planning Commission: screening, pavin~ number of vehicles per lot, definition ofvehicie, camper Shell and commercial trailers, setbacks and loading and unloading. Staff reviewed Section 17.24.020.D. of the Development Code, which addresses these issues, and has provided a revised R:~TAFFRPTO49PA97.PC~ $/27/~ mf 1 copy, which includes redlines for additions and strike outs for deletions, as Attachment No. 1 to thil Report. Additional definitions, as needed for clarification have been referenced below. Grand fatbering and additional staff resources will also be discussed below. Definition of Vehicle The Commission has requested clarification of the term '%ehicle." Section 17.24.020.D. 1.g of the Development Code defines vehicles in the following manner: "Vehicles as used in this section shall include, but not be limited to, commercial vehicles, automobiles, trucks, trailers, motor trucks, semi- trailers, motorcycles, mopeds, ~, camper shells, boats or other large portable recreational and commercial equipment." Based upon the discussion of the Commission, automobiles, motorcycles and mopeds can be deleted from this list. Staff recommends this Section be modified to address those concerns and be expanded to include the following language: "...and other non-motorized vehicles, regardless o£ length or width, that are detached from a motor vehicle." This Section, which staff recommends be relocated to Section 17.24.020.D. 1.a. would read: "The parking of vehicles in all residential districts shall be subject to the provisions listed below. "Vehicles" as used in this section shall include, but not be limited to, commercial vehicles, recreational vehicles as defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, house cars, campers, camper shells, boats or other large portable recreational and commercial equipment and other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle." Camper Shells and Commercial Trailers The Commission stated that camper shells and commercial trailers should be included in the list of items which also need to be regulated on-site. These items are currently covered in the definition of "vehicle" which is contained in Section 17.24.020.D. of the Development Code (see above). Definition of Parking and Storage There is no definition for parking or storage in the Development Code; however, these terms are used in Section 17.24.020.D of the Development Code. Staff recommends the following language be added to Section 17.24.020~D. 1.d of the Development Code: "Parking shall be defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Storage shall be defined to mean to place or leave in a location for later use." Number of Vehicles Per Lot The Commission raised concerns regarding the overall number of vehicles which could be stored on a single parcel. These concerns focused on safety, aesthetics and the ability to adequately screen all the vehicles on-site. It is recommended that Section 17.24.020.D.l.m. be added to include the appropriate language which will limit the overall number of vehicles stored on-site. The exact number of each type of vehicle, as well as the overall number of vehicles needs to'be prescribed by the R:WrAFFRIrI'k349PA97.PC3 ~27/9~ mf 2 Commission. Staff recommends that one or two vehicles per parcel is an appropriate place to begin this discussion. Setbacks The Commission stated that they would like the Ordinance to restrict parIcing of vehicles in the front of houses. The current language, contained in Section 17.24.020.D.l.d talks about side and rear '~fards." The Assistant City Attorney has reviewed this matter and states: "The Development Code definition section defines a "required rear" or "required side yard" and "yard." The "required" type of yard is coincident and serves as a second way to define setback. He recommends a distinction between "required yard" and a new definition such as "actual yard" be added to Section 17.34 of the Development Code. He recommends that "actual yard" be denned as follows: "The area between the horizontal plane of the building plane and the property line." The following change would be required to Section 17.24.020.D. in order to achieve the Commission's goal to restrict permanent parking of vehicles in the front of the house: Add a new definition for "actual yard" to Section 17.34 of the Development Code to read as follows: "Actual Yard. The area between the horizontal plane of the building plane and the property line." Add the following sentence to Section 17.24.020.D.l.f.: '~1o permanent vehicle parking shall be allowed in the actual front yard." Screening The Commission had concerns regarding the adequacy of screening in areas of the City where there are large parcel subdivisions (½ acre or larger). Current Development Code provisions (Section 17.24.020.D. 1.d) states: "Vehicles may be parked or stored in the side or rear yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height." This minimum dimension serves to screen the bottom portion of the vehicles, which can often exceed ten feet in height. To raise the minimum height requirement over six feet would result in requiring the screening materials to be engineered and risk greater obstruction of the views, etc. from adjacent lots. The Assistant City Aaomey has noted in a memo: "As with any residential area, such things as swing sets, patio covers, umbrellas, gazebos, and other such constructs promade above the fence lines." It is his opinion that it is neither "possible nor desirable" to create fi~H-height screening measures that would be appropriate in a residential area. Paving The Commission directed staff to clarify the definition of "paving." According to Section 17.24.050.C of the Development Code: "All required parking spaces, recreational vehicle storage areas, material storage areas and associated driveways shall be paved in accordance with the design and construction specifications established by the city engineer." Based upon discussions with the -Assistant City Engineer, this Section can be modified to read as follows: insert language provided from Deputy Director of Public Works R:~TAFFRPT~9PA97.1~3 S7'27/98 mf 3 Loading and Unloading Current Development Code provisions (Section 17.24.020.D.1.0 state: "Except as provided in herein, vehicles parked within public view in required or authorized parking areas within the front yard, comer yard or side yard abutting a street shah be parked or leR standing for temporary periods of time not to exceed five days." At previous meetings, the Commission discussed limiting this time period to two (2) days or forty-eight (48) hours. This would allow for temporary loading and unloading of the vehicles in the front yard setback area. The following language is recommended to achieve the Commission's recommendation: '~-pt as provided in herein, vehicles temporarily parked within public view in required or authorized parking areas within the acU~ front yard, comer side yard or side yard abutxing a street shall be parked or 1~ standing for periods of time not to exceed two (2) consecutive days for 1oadin~ unloading and providing minor service to the vehicle." Other Minor Clean-Up Items to Section 17.24. 020.D Staff reviewed Section 17.24.020.D. of the Development Code and determined that numbering was inaccurate. This has been rectified and the corrected Section 17.24.020.D. of the Development Code is included as Attachment No. 1 to this Staff Report. Grandfathering The Commission stated at the May 6, 1998 hearing that they were not in favor of grandfathering or allowing a grace period for vehicle owners which were existing prior to the adoption of the Development Code in January, 1995. The rationale for this determination is based on the fact that a majority of the residential developments within the City are covered by CC&R's which prohibit the storage of certain types of vehicles, to include recreational vehicles, boats, commercial vehicles, trailers, etc. in the front yard setback area (i.e., driveway). Additional Staff Resources As stated in the Staff Report for the February 2, 1998 Planning Commission meeting~ increased enforcement of Development Code provisions regulating on-site storage of vehicles would require additional staff resources. As stated above, enforcement of the Code was primarily driven by complaints received from residents. According to Code Enforcement staf~ enforcement of this item required approximately 30=40% of their staff hours and would require the same if they were to pro- actively enforce the Ordinance. In order to effectively enforce these regulations, one-half of a Code Enforcement staff person would be required at the current time. The cost to the City (in 1998 dollars) would be 5;27,259.00 annually. This figure would likely be higher in future years. Other Municipal Code Regulations of Vehicles -The Assistant City Attorney has recommended that staff review other sections of the City's Municipal Code which have regulations pertaining to on-site storage of vehicles so that the proposed amendments to the Development Code will not create any internal inconsistencies. Staff will be reviewing the Municipal Code at~er adoption of the amendments to the Development Code and bringing back any clean-up amendments to the Commission for their review. ENVIRONMENTAL REVIEW Staff will be conducting the appropriate environmental review based upon the recommendation from the Planning Commission to the City Council. This will accompany the City Council Staff Report and will be subject to the noticing requirements of the California Environmental Quality Act. FINDINGS 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 plan as may be in effect in any such city. There is a need to amend the Development Code to protect the public health, safety and welfare The proposed Ordinance complies with all applicable requirements of State law and local ordinances. Attachments: Revisions to Section 17.24.020.D. - Blue Page 6 New Definition for Section 17.34 - Blue Page 11 Resolution No. 98- - Blue Page 13 Exhibit A. Draft Resolution No. 98- - Blue Page 16 Correspondence Received - Blue Page 22 A~FACHMENT NO. 1 A PORTION OF SECTION 17.24.020.D. OF THE CITY'S DEVELOPMENT CODE FOR REVISION OFF-STREET PARKING AND LOADING 17.24.040.D PARKING REQUIREMENTS D. Location of Parking and Loading Facilities. Parking--Residential Uses. The parking of vehicles in all residential districts shall be subject to the following provisions listed below 'Vehicles" a~ used in this section shall include, but .not be 'limited to, commercial vehicles. r~reational vehicles as defnmd in Section 18010 of the California Health and Safety Code, trucks, trailers, motor tincid. semi-trailers, house cars, campers. camper shells, boats or other large portable recrmfioml and commercial eq,,ipm,mt and other non=motorized vehicles, r~sardless of'ienggi or width tim are detached fi'om a motor vehicle. ao The design guidelines and regulations for parking areas shall conform to the provisions herein of the development code. bo Vehicle parking shall be within the enclosed garage, carport or other required or authorized off-street paved parking area. Co All parking areas within public view from the street, public right-of-way or adjacent properties shall be paved with a permanent paving material. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration. do Vehicles may be parked or stored in the side or rear. yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. P~king simll ~ be defined to'mere SO place Or leave in s'iomion for later use. Vehicles parking within side and rear yard areas shall be limited to five percent of the total lot area or five hundred square feet, whichever is greater. f. Except as provided in herein, vehicles teiii'!~orarily parked v, ithin public view in required or authorized parking areas within the Actual Front Yard, comer side yard or side yard abutting a street shall be parked or left standing for terns,or..; periods of time not to exceed frye ~o (2) consecutive days vehicle parking shall be allowed in the Actual Front Yard. "Vehiclcs" as used in this scctioa shall hidud¢, but hot bc lh~itcd to, c~s,,~rclal vchick.s, auWshJoilcs, t, uck~ t,,,ilcrs, ,notor h ucks, sa~6-trailcrs, ,.otorc~cles, 11so~,¢ds, ¢alll[,6rs, ¢ailip¢i shdls, boats or other large l~o, cable ~.,catio~ml ~nd cow.,,~rcial equipincat. No commercial vehicles which exceeds a ~ross weiffht of one and one-half tons, or exceeds a width of eighty inches or exceeds height of seven feet or exceeds a length of twenty-five feet; shall be parked on any portion of a residential lot unless: It is actively involved in making pickups and deliveries; In connection with, and in aid to, the performance of a service to, or on, the property where the vehicle is parked, while actively involved in such activity; or In conformance with the conditions of approval for a valid home occupation permit as provided in Section 17.04.030 of the development code. No private, noncommercial vehicle which exceeds a gross weight of one and one-half tons, or exceeds a width of eighty inches, or exceeds a height of seven feet or exceeds a length of twenty-five feet; and no trailer, semitrailer, boat or portable recreational equipment shall be parked or stored within the front yard, comer side yard or side yard abutting a street unless: It is not a commercial vehicle and is parked for a temporary period of time not to exceed twenty-four hours; It is involved in loading or unloading activity; and It is parked in compliance with any other applicable city ordinance. Guest Parking Spaces. Required guest parking spaces in residential areas shah be designated as such with signage and restricted to the use by guests. Violation of any provision of this subsection shah be punishable as an infraction. In addition to the residential parking requirements, one off-street parking space shah be provided for each guest room of a bed and breakfast. Tandem parking shah be permitted. Guest parking shah not be permitted in required setback areas. A maximum of 1 or 2 vehicles may be parked or stored on a parcel of land at any one time. Recreational Vehicle Storage Yard. Only the parking and storage of recreational vehicles in proximity to residential users shall be permitted on lots of.5 acres or more unless part of a master planned development, subject to approval of a conditional use permit. All storage activities shall be screen from public view by a combination of block or masonry wall, betming, dense landscaping or building mass. bo Retail or wholesale activity, commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are not permitted. Vehicles and Equipment Repair ¥~'"'~ii!Storsge ofV~hicles m~d Equipment under Repnlr. The following provisions shall apply to any vehicle as definexi above, motor vehicle, ro.~o~ml v~hicl¢, ca~p~r, caa~.~ Ua~cr, uall~, u,m~ouatcd ca~p¢~, trailer coach, n~.~r,.yclc, Loat or sh~il~ om~wya~ in all residential districts, and to all sites in any other district used for residential occupancy: Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. bo Storing, placing or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall or equivalent screening. Co Notwithstanding the provisions of subsections (D)(3)(a) and Co) of this section, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot, may be conducted for an aggregate period of up to twenty-four hours in any continuous period of forty-eight hours exclusive of the screening requirements. do For the purpose of this section, reference to types of conveyances shaft have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. Parking--Nonresidential Uses. Required parking for nonresidential uses shall be located: a. On the same lot or parcel of land as the use which the facilities serve; or bo On an adjoining lot or parcel of land under the same ownership as the 1ol supporting the use the parking facilities serve; or On a lot or parcel ofhnd separated only by an alley (twenty feet wide or less) from the lot or parcel supporting the use the parking facilities serve, provided: I. The lots or parcels are under the same ownership, and The lots or parcels would be contiguous if not separated by the alley, and The direct vehicular and pedestrian passage between the lots or parcels would be possible if the alley were vacated, and iv. The parking is located not more than three hundred feet from the use it is intended to serve. d. Parking attendant structures shall be limited to thirty square feet in floor area. On a nonadjacent lot on the same block as the lot supporting the use the parking facilities serve; provided, that the nonadjacent lot is under the same ownership. Same ownership includes property that is subject to a binding recorded lease for not less than ten years from commencement of use. The parking spaces leased must not be required for, or available to, any other property and be within a maximum of three hundred feet from the property requiring the parking. Loading All Uses. Required loading radiities shall be located on the same lot or parcel of land as the use served. R:~rAmU'r~gpA~C~ ~'z~n ~ 10 ATTACHMENT NO. 2 NEW DEFINITIONS FOR SECTION 17.34 OF THE CITY'S DEVELOPMENT CODE R:~TAFFRPTO49PA97.1~3 ~27~9~ mf 1 1 "Actual Yard" means the area between the horizontal plane of the building plane and the property line." ATTACHMENT NO. 3 PC RESOLUTION NO. 98- I~TAFIrl~.F/~9PA97.1~3 $/'27/9~ m~ 13 ATTACHMENT NO. 3 PC RESOLUTION NO. A RESOLUTION OF TNE~ CTrY OF TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. PA97-0349, AM'ENDING SECTIONS OF THE TEMECUI~ DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES ~~4..q, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; W'Hi~AS, on January 2.5, 1995, the City of Temecula City Council adopted the City's Development Code; WHEREAS, the City has identified a need to amend the Development Code; W~ERF, AS, notice of the proposed Ordinance was posted at City Hall, the County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, Wi~S, the Planning Commission considered Planning Application No. PA97-0349, on June 3, 1998, at a duly noticed public heating 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; W!~F~REAS, at the conclusion of the Commission hearing and aRer due consideration of the testimony, the Commission recommended approval Planning Application No. PA97-0349; NOW, THEREFORE, THE PLANNING COMMISSION FOR ~ CITY OF TEMECUI~ DOES HEREBY RECOMMEND THAT ~ CITY COUNCIL APPROVE AN ORDINANCE ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUI~, CALIFORNIA, AMENDING SECTIONS OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEi~CLES IN RESIDENTIAL ZONES" THAT IS SUBSTANTIALLY IN ~ FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A. R:~TAFFRFrkMgPA97.]~:I~ ~7/'9t mf 14 PASSED, APPROVED AND ADOPTED this 3rd day of June, 1998. Marda Slaven, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 3rd day of June, 1998 by the following vote of the Commission: AYES: PLANNING COMMISSIONEKS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONEKS: Debbie Ubnoske, Secretary R:~TAFFRPT~49P~7.1~3 ~27/~! nd 15 EXI~IB1T A DRAFT ORDINANCE NO. 98- EXHIBIT A ORDINANCE NO. 9~- AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF TEMECULA, CALrFORNIA AMENDING SECTIONS OF THE~ TEMECULA DEVELOPMENT CODE PERTAINING TO ON- SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES ~ CITY COUNCIL OF THE CITY OF TEMECUI~, STATE OF CAL]~'ORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. That 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 plan as may be in effect in any such city; B. That there is a need to amend the Development Code to protect the public health, safety and welfare; and ordinances. That this Ordinance complies with all applicable requirements of State law and local Section 2. Section 17.24.020.D. 1 through 17.24.020.D.6 of the Development Code is amended to read as follows: D. Location of Parking and Loading Facilities. 1. Parking--Residential Uses. The parking of vehicles in all residential districts shall be subject to the provisions listed below. "Vehicles" as used in this section shall include, but not be limited to, commercial vehicles, recreational vehicles as defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, house cars, campers, camper shells, boats or other large portable recreational and commercial equipment and other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle. a. The design guidelines and regulations for parking areas shall conform to the provisions herein of the development code. b. Vehicle parking shall be within the enclosed garage, carport or other required or authorized off-street paved parking area. c. All parking areas within public view from the street, public right-of-way or adjacent properties shall be paved with a permanent paving material. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration. R:~TAFFRFT~9PA97.PC3 ~'27/9~ mf 17 d. Vehicles may be parked or stored in the side or rear yard; provided, that sucI. area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. Parking shall be defined as the standing of a vehicle, weather occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Storage shall be defined to mean to place or leave in a location for later use. e. Vehicles parking within side and rear yard areas shall be limited to five percent of the total lot area or five hundred square feet, whichever is greater. f. Except as provided in herein, vehicles temporarily parked within public view in required or authorized parking areas within the Actual Front Yard, comer side yard or side yard abutting a street shall be parked or left standing for periods of time not to exceed two (2) consecutive days for loading, unloading and providing minor service to the vehicle. No permanent vehicle parking shall be allowed in the Actual Front Yard. g. No commercial vehicles which exceeds a gross weight of one and one-half tons, or exceeds a width of eighty inches or exceeds height of seven feet or exceeds a length of twenty-five feet; shall be parked on any portion of a residential lot unless: i. It is actively involved in making pickups and deliveries; ii. In connection with, and in aid to, the performance of a service to, or. on, the property where the vehicle is parked, while actively involved in such activity; or 'gi. In conformance with the conditions of approval for a valid home occupation permit as provided in Section 17.04.030 of the development code. h. No private, noncommercial vehicle which exceeds a gross weight of one and one-half tons, or exceeds a width of eighty inches, or exceeds a height of seven feet or exceeds a length of twenty-five feet; and no trailer, semitrailer, boat or portable recreational equipment shall be parked or stored within the front yard, comer side yard or side yard abutting a street unless: i. It is not a commercial vehicle and is parked for a temporary period of time not to exceed twenty-four hours; ii. h is involved in loading or unloading activity; and 'ill It is parked in compliance with any other applicable city ordinance. i. Guest Parking Spaces. Required guest parking spaces in residential areas shall be designated as such with signage and restricted to the use by guests. infraction. Violation of any provision of this subsection shall be punishable as an k_ In addition to the residential parking requirements, one off=street parking space shall be provided for each guest room of a bed and breakfast. Tandem parking shall be permitted. Guest parking shall not be permitted in required setback areas. any one time. A maxinmm of 1 or 2 vehicles may be parked or stored on a parcel of land at 2. Recreational Vehicle Storage Yard. Only the parking and storage of recreational vehicles in proximity to residential users shall be permitted on lots of .5 acres or more unless part of a master planned development, subject to approval of a conditional use permit. a. All storage activities shall be screen from public view by a combination of block or masonry wall, berming, dense landscaping or building mass. b. Retail or wholesale activity, commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are not permitted. 3. Vehicles and Equipment Repair and Storage of Vehicles and Equipment under Repair. The following provisions shall apply to any vehicle as defined above, in all residential districts, and to all sites in any other district used for residential occupancy: a. Servicing, repairing, assemblin~ disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. b. Storing placing or paticing any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregist~ inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall or equivalent screening. c. Not~vithslanding the provisions of' subsections (DX3 Xa) and (b) of'this section, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot, may be conducted for an agsregate period of up to twenty-four hours in any continuous period of forty-eight hours exclusive of' the screening requirements. d. For the purpose of this section, reference to types of conveyances shah have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. located: Parking--Nonresidential Uses. Required parking for nonresidential uses shall be a. On the same lot or parcel of land as the use which the facilities serve; or b. On an adjoining lot or parcel of land under the same ownership as the supporting the use the parking facilities serve; or c. On a lot or parcel offand separated only by an alley (twenty feet wide or less) from the lot or parcel supporting the use the parking facilities serve, provided: The lots or parcels are under the same ownership, and and The lots or parcels would be contiguous if not separated by the alley, 'tii. The direct vehicular and pedestrian passage between the lots or parcels would be possible if the alley were vacated, and iv. it is intended to serve. The parking is located not more than three hundred feet from the use d. Parking attendant structures shall be limited to thirty square feet in floor area. e. On a nonadjacent lot on the same block as the lot supporting the use the parking facilities serve; provided, that the nonadjacent lot is under the same ownership. Same ownership includes property that is subject to a binding recorded lease for not less than ten years from commencement of use. The parking spaces leased must not be required for, or available to, any other property and be within a maximum of three hundred feet from the property requiring the parking. 6. Loading All Uses. Required loading facilities shall be located on the same lot or parcel of land as the use served. Section 3. Section 17.34. of the Development Code is amended to include the following: "Actual Yard" means the area between the horizontal plane of the building plane and the property line." Section 4. SevernbiliU'. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shah hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining pans of this Ordinance. Section 5. f:.ffective Date. This Ordinance shah be in full force and effect thirty (30) days aRer its passage. The City Clerk shah certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the flirt text of this Ordinance shah be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shah publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. ~rAmu,r~.~ ~?~ 20 PASSED, APPROVED, AND ADOPTED this day of ,199~. Ron Roberts, Mayor ATTEST: Susan W. Jones, Acting City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 9 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ~ day of ,199_~ and that thereai~er, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the ~ day of , by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNC~ME~ERS COUNC~MEMBERS Susan W. Jones, Acting City Clerk ATI'ACHMENT NO. 4 CORRESPONDENCE RECEIVED May 20, 1998 Dear City Planner Matthew Fagan, I am writing you in regards to the controversial subject of RV parking on my own property. When our family moved to Temecula in 1987, my wife and I looked specifically for a development with NO HOAs. From past experience we found HOAs to be very restrictive and manipulative by those who sat on the Board. Now it seems as though the City is considering a measure that will dictate what I can and can't park in my own driveway! We don't think this is right. Not everyone can afford a custom home with multiple car or custom garages for storage of their RVs. Storage parks aren't the answer for everyone. First and foremost there is the cost for storage. In most cases, minimal cost is minimal security. I know of people whose property has been burglarized or vandalized. So for more security you must pay more!. Which also brings up the question of whether Temecula can meet the need for a sudden increase of storage of RVs. I think not! In turn, rates would climb because of supply and demand. I know in some cases there needs to be some restrictions. For instance, RVs that are so large, that when parked in a driveway, they block the sidewalk. But consider the individual with a ski boat or tent trailer, which are usually smaller than a 5uburban or full-sized pickup truck. Most of these can be parked in a driveway, without blocking the sidewalk or a persons view. For instance, our tent trailers' height is lower than our car. I agree with the restrictions on parking RVs on the City streets. But please consider that not everyone has the option of storage to the sides of their homes or can afford paying storage fees. So in closing, ! know your intentions are good. But I ask you to consider, when making your decision, of possible exceptions for size or type of RV to be parked in the driveway. Thank you. Respectfully, ~ J'fhn and Karen Conaway ~ 1221 Comotilo Court Temecula, CA 9259 2 ATTACHMENT NO. 10 PLANNING COMMISSION MINUTES NOVEMBER 3, 1997 R:~T~P,~L~?.PC4 6,'24,'98 n~' MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 3, 1997 CAI L TO ORDFR The City of Temecula Planning Commission convened in a regular session at 6:05 P.M., on Monday, November 3, 1997, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CA! L Present: Commissioners Guerriero, Miller, Slaven, Soltysiak, and Chairwoman Fahey. Absent: None. Also Present: Planning Manager Ubnoske, Principal Engineer Parks, Attorney Curley, Senior Planner Hogan, Assistant Planner Anders, and Minute Clerk Ballreich. PUBLIC COMMFNTS None. COMMISSION BU-~INr:~S 1. APPROVAl nF AC, FNnA = MOTION: Commissioner Slaven moved for the approval of the Agenda. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous al=proval. DIR!=CTOR'-~ H!=ARINC- UPDAT!= As per written material of record, no additional information. PURl IC H!=ARINC, IT;MS 3. PLANNING APPLICATION NO. PA97-0349 Repeal Section 17.24.020(D)(1)(f) of the City's Development Code pertaining to Recreational Vehicle (RV) Storage in residential areas. R:~PL.4~COMM~[IIqU'I~S~ 199'~ 11-3-97, pC 12/10/97 Idb 1 PLANNING COMMISSION MEETING NOVEMBER 3, 1997 RECOMMENDATION Staff recommended that this matter be continued to the meeting of December 1, 1997. Planning Manager Ubnoske informed the Commissioners and attending audience that staff has been directed by the City Council to readdress this item. In light of this directive, Planning Manager Ubnoske noted that the prepared information (as per staff report) might possibly be amended and, therefore, a continuance is being recommended. At this time, Chairwoman Fahey opened the public hearing. A letter of concern (of record) was submitted to the Planning Commission by Mr. Jack Leathers (42623 Remora Street). The following individuals spoke with regard to the proposed repeal of Section 17.24.020(D)(1)(f) of the City's Development Code (storage of recreational vehicles (RV) in residential areas): Ms. Betty Condren Ms. Marcia Watkins Mr. Frank Geyer Mr. Bill Gray Mr. Jim Porter Mr. Jack Leathers Mr. Melvin Marks 40741 Calle Katerine 30152 Villa Alturas 40466 Chauncey Way 40414 Yardley Court 40221 Tuolomne Court 42623 Remora Street 32121 Corte Carmona The above-mentioned individuals expressed concern with regard to the parking of recreational vehicles in residential areas, noting the following iml~acts it has on the neighborhood: overall undesirable appearance of the neighborhood detrimental to the value of the neighboring properties public safety - boats/RVs impeding the sidewalks, creating a safety concern for the children as well as to those individuals backing out of their driveways increased public street parking because the boats/RVS are parked in the driveways undesirable view from the neighboring residents who do not park boats/RVs in their driveways It was noted by the concerned residents that a higher penalty should be imposed on those individuals not abiding by the Ordinance and that the enforcement of such an Ordinance should be the responsibility of the City rather than individual Homeowners Associations. R:~PLANCO~1997~11-~-97.pc 12/10/97 PLANNING COMMISSION MEETING NOVEMBER 3, 1997 There being no additional input at this time, the public hearing was left open and the following motion was offered: MOTION: Commissioner Miller moved to continue Planning Application PA97-0349 to the December 1, 1997, Planning Commission meeting. The motion was seconded by Commissioner Slaven and voice vote reflected unanimous approval. Prior to the December 1, 1997, Planning Commission meeting, Commissioner Guerriero requested that staff obtain additional input from the Police Department with regard to the enforcement of such an Ordinance. 4. PLANNING APPLICATION NO. PA97-0319 Amendment to Ordinance No. 81-26 pertaining to advertising regulations and establishing regulations for the use of ambient air balloons and other similar inflatables. R!=COMM!=NnATION It was recommended by staff that the Planning Commission approve the request. Because of his involvement with the Temecula Art, Balloon, and Wine Festival Association, Commissioner Guerriero abstained with regard to this issue. Senior Planner Hogan reviewed the staff report (of record), noting that the proposed amendments would clarify the display period, number of allowable signs, and required spacing between the ambient air balloons. At this time, Chairwoman Fahey opened the public hearing. There was no input from the public. MOTION: Commissioner Miller moved to close the public hearing and to adopt Resolution No. 97- recommending that the City Council adopt an Ordinance amending Ordinance No. 91- 26, Section 19.8, Subsection C.4 and C.5, pertaining to advertising regulations for the use of temporary ambient air balloons based upon the analysis and findings contained in the staff report. The motion was seconded by Commissioner Slaven and voice vote reflected unanimous approval with the exceotion of Commissioner Guerriero who ~bstained. 5. P! ANNIN~ APP! ICATION NO. 97-0-':100 Tentative Parcel Map and Environmental Initial Assessment to allow the subdivision of 21.79 acres into 68 residential lots ranging from 6,414 square feet to 29,000 square feet. R?~LANCO~ 1997~11 -~-97.PC 12/10~7 Id~ ~ PLANNING COMMISSION MEETING NOVEMBER 3, 199'. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission apl~rove the request as conditioned. Advising that she lives in Meadow View, which borders the common area of discussion, Chairwoman Fahey noted that she would be abstaining with regard to this issue and, therefore, departed the meeting. Because his client is the owner of the property of discussion, Commission Miller also noted that he would be abstaining with regard to this issue and removed himself from the dais. Acting Chairwoman Slaven presided over the meeting. Assistant Planner Anders reviewed the staff report (as per written material of record). Mr. Don Lohr, representing the applicant, requested that Condition No. 4 (the developer shall form a Homeowners' Association to maintain all slopes that are visible from Margarita Road, N. General Kearny Road, and Solana Way, and all downward slopes that are not easily visible to property owners) be clarified to define the downward- slopeo lots which will be the responsibility of the Homeowners' Association -- Lots 1-11, 30- 35, and 38, noting that all other slopes will be the responsibility of the individual 0roperty owner. Mr. Lohr further clarified that any downward slo0es along Margarita Road would be included in Condition No. 4 as well as parkway landscaping and open space areas and advised that fencing would be installed at the to;) of each lot with downward slopes. In response to Commissioner Soltysiak, Mr. Lohr elaborated on the proposed sewer system for the subject site, with ,Principal Engineer Paks advising that staff is working with Eastern Municipal Water District on this issue but that no final alignment of the sewer line has been determined. For maintenance purposes, Mr. Lohr noted that the slopes will be accessible by way of Margarita Road as well as from a street along the easterly side of the property and that a 10' path will be constructed along the toe of the entire slope. For Commissioner Guerriero, Principal Engineer Parks provided clarification with regard to the wording of Condition No. 22 (public improvements to City of Temecula General Plan standards), advising that the City's Capital Improvement Project includes full improvement of Margarita Road including the raised landscaped median and that if the City's project were to commence prior to the start of the project of discussion, the developer would not be required to complete this improvement. If this project were completed prior to the completion of the City's improvement project, the developer must comply with Condition No. 22. Assistant Planner Anders noted that Condition Nos. 4, 5, and 57 should be rephrased as follows: R :~PLANCOMM'~vI~,,,rI'E~ ! 99~ I 1-3-97.PC 12~!0~7 I~ 4 PLANNING COMMISSION MEETING NOVEMBER 3, 1997 No. 4 - the developer shall form a Homeowners' Association to maintain all downward slopes on lots 111, 30-38, and landscape parkways along Margarita Road; No. 5 - the developer shall provide easements on the Final Map that will allow access to lots 1-11, 30-38 and the landscaped parkways on Margarita Road for maintenance by the Homeowners' Association; No. 57 - Lots 1-11, 30-38, parkway landscaping and open space areas shall be maintained by an established Homeowners' Association. Mr. Paul Gonzales, 41820 Marwood Circle, relayed his concerns as to how this development may directly impact his property (41820 Marwood Circle as well as Lot 4 undeveloped parcel attached to 41820 Marwood Circle) as well as property values. In response to Mr. Gonzales, Mr. Lohr advised that because Lot 4 has two frontage sides and, therefore, could not be landlocked by the proposed development; that mailing labels were provided to the City; that the minimum sized lot would be approximately 7,200 square feet with an average of approximately 9,000 square feet; that the proposed development should have a positive impact on the neighboring property values; and that actual home size and sale prices of the proposed development have not been established. For Commissioner Soltysiak, Principal Engineer Parks advised that as this project progresses, staff will address the potential impacts the slope along the Long Canyon may have on the channel characteristics and that staff will investigate the possibility of constructing a gate to preclude access into the canyon area located between the subject site and one other development. For Mr. Gonzales, Principal Engineer Parks commented on measures which would be undertaken to ensure dust control as a result of grading and advised that construction hours will be implemented. MOTION: Commissioner Slaven moved to close the public hearing; to adopt the Mitigated Negative Declaration for PA No.97-0300; to adopt the Mitigation Monitoring Program for PA No. 97-0300; to approve Resolution No. 97- , based upon the analysis and findings contained in the staff report, and to amend Condition Nos. 4, 5, and 57 (as noted on page 5). The motion was seconded by Commissioner Guerriero and voice vote reflected approval with the exception of Commissioners Fahey and Miller who abstained. At this time, Commissioner Miller returned to the dais. P! ANNINC,, MANAP,,I=R'S R!=PtlRT None. R:~LANCO~Ig~7~II-~'97.PC 12/10/97 idb ~ PLANNING COMMISSION MEETING NOVEMBER 3, 1997 pI ANNIN~ rt-tlMMl~l~N rl!~!l.~itlN None. AmJrlURNMI=NT At 7:00 P.M., Acting Chairwoman Slaven formally adjourned this meeting to Monday, November 17, 1997, at 6:00 P.M. Linda Fahey, Chairwoman / Debbie Ubnoske, Planning Manager R:~LANCO~! ~l l.l.9?.pC 12/10~'/tdb (~ ATTACHMENT NO. 11 PLANNING COMMISSION MINUTES FEBRUARY 2, 1998 R:~ST~9PA.q7.PC4 ~/24/9~ mf 30 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION FEBRUARY 2, 1998 CA! ! TO ORD~=R The City of Temecula Planning Commission convened in a regular session at 6:03 P.M., on Monday, February 2, 1998, in the City Council Chambers of Temecula City Hall, 43200 Business Park Ddve, Temecula, California. ROLL CALL Present: Commissioners Guerfiero, Miller, Slaven, and Chairwoman Fahey (arrived at 6:06 P.M.). Absent: Commissioner Soltysiak. Also Present: Planning Manager Ubnoske, Principal Engineer Parks, Attorney Curley, Senior Planner Hogan, Associate Planner Fagan, Assistant Planner Anders, and Minute Clerk Ballreich. Because Chairwoman Fahey had not yet arrived, Vice Chairwoman Slaven presided over the meeting. PUBLIC COMM!=NTS None. COMMISSION BUSINFSS 1. APPROVAl OF AGENDA MOTION: Commissioner Miller moved for the approval of the Agenda. The motion was seconded by Commissioner Guerriero and voice vote of those present reflected unanimous approval (Chairwoman Fahey had not yet arrived and Commissioner Soltysiak absent), 2. APPROVAl OF MINUT~=S - October 6. 1997. and January 5, 1998 MOTION: Commissioner Guerdero moved for the approval of the October 6, 1997, Planning Commission minutes as written. The motion was seconded by Commissioner Miller and voice vote of those present reflected unanimous approval (Chairwoman Fahey had not yet arrived and Commissioner Soltysiak absent). Temecul,, Pl,,nning, Commission Februan~ 2. 1996 It was noted that the use of administrative citations is viewed as a conservative measure and that voluntary compliance would thoroughly be exhausted prior to pursuing the issuance of citations because of the associated costs. With regard to temporary on-site storage of recreational vehicles, Commissioner Miller suggested that the applicable Section be reduced from five consecutive days to three consecutive days in order to coincide with the Vehicle Code. In order to properly address this situation and in light of the City's continual growth, Commissioner Slaven recommended the hidng of an additional Code Enforcement Officer. Because the language in the older and established CC&Rs does not propedy define recreational vehicles, Ms. Slaven relayed her opposition to requiring a Homeowners Association to resolve this issue. As per speaker cards, Chairwoman Fahey, at this time, welcomed public input from the following individuals: Made Dunn 30156 La Pdmavera (did not speak; concems were addressed during Commission discussion.) Marcia Watkins - 30152 Villa Alturas Robert Fischer - 30166 Villa Alturas Frank Geyer - 40466 Chauncey Way Bill Gray - 40414 Yardley Court Betty Condren - 40741 Calle Katerine Jim Porter - 40221 Tuolomne Court - did not speak; (did not speak; concerns were addressed during Commission discussion.) Jack Leathers 42623 Remora Street Deraid Hansen 30398 Senela Place John Dedovesh - 39450 Long Ridge Drive - did not speak; (did not speak; concerns were addressed dudng Commission discussion.) Dwaine Lewis - 40461 Calle Medusa Joanne Phillips - 30361 Tradewater Court - did not speak; (did not speak; concerns were addressed dudng Commission discussion.) Leo LeBlanc 44041 Quiet Meadow Road Zillah Rodgers 32124 Corte Carmona Melvin Merks 32121 Corte Carmona - did not speak (did not speak; concems were addressed dudng Commission discussion.) Paul Knowles - 40769 Calle Katedne (submitted pictures reflecting his concems.) The above-mentioned individuals noted the following issues/concerns with regard to the storage of recreational vehicles: individuals should be permitted a certain amount of on-street parking time for RVs to accommodate for visitors, loading, unloading, etc.; safety concems- vehicles blocking the sidewalk, driveway, and as well -obstructing street visibility; individuals should utilize a storage facility; current enforcement needs to be enhanced; Temecula Plannina Commmsion February 2. !998 Although the Southside Specific Plan has not been completed, Senior Planner Hogan advised that the preliminary stages of this Plan seem to indicate that the area south of Sunrise Market will be zoned Highway/Tourist. In light of her existing concern with the compatibility of surrounding properties in the area of discussion, Chairwoman Fahey, echoed by Commissioners Guerdero and Slaven, expressed concern with the proposed request and how it may further impact an already existing compatibility issue. Viewing a color rendering of the proposal, Commissioner Slaven noted that once the upcoming improvements to the interchange have been completed, the area of discussion will serve as a main entrance into Old Town and, therefore, further relayed her objection to the proposal because of the compatibility issue. P! ~,NNING APP! ICATION NO. PA97-0237 (GEN!=RAI p[ ~.N AMENDM!=NT AND ZON; CHANG; Senior Planner Hogan advised that staff is requesting that this item be continued to the March 2, 1998, Planning Commission meeting. MOTION: Commissioner Miller moved to continue PA97-0237 to the March 2, 1998, Planning Commission meeting. The motion was seconded by Commissioner Guerfiero and voice vote of those present reflected unanimous approval (Commissioner Soltysiak absent). P! ~.NNING APP! ICATION NO. PA97-0398 (D;VELOPM;NT PLAN) Planning Commission consideration for the design, construction, and operation of a 8,684 square foot restaurant with associated parking and landscaping on 1.51 acres. RECOMMFNDATION It is recommended by staff that the Commission adopt the Negative Declaration for Planning Application No. PA97-0398; adopt the Mitigation Monitoring Program for Planning Application No. PA97-0398; and adopt Resolution No. 98-002. RESOLUTION NO. 98-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPUCATION NO. PA97-0398 (DEVELOPMENT PLAN) TO DESIGN AND CONSTRUCT A 8,684 SQUARE FOOT RESTAURANT WITH TWO OUTDOOR PATIOS OF 1,185 SQUARE FEET WITH ASSOCIATED PARK!NG, LANDSCAPING, AND ROAD IMPROVEMENTS ON A 1.51 ACRE PARCEL LOCATED ON THE SOUTHWEST CORNER OF RANCHO CALIFORNIA AND YNEZ ROADS KNOWN AS ASSESSOR'S PARCEL NO. 944-330-011. Ternecula Pl~,nnina Commission F~rv 2. 1996 By way of a rendering, Principal Engineer Parks described the peak hour volumes, circulation, improvements, turning movements, and the widening and upcoming improvements to Ynez Road, noting the following: that a traffic signal on the east side of Ynez Road will be installed in conjunction with the other required improvements; that access will be limited at Rancho Highland Drive to right in/dght out/ left in; that a lighted intersection at Rancho Highland Drive would not be feasible nor practical considering its close proximity to Rancho California Road. Although this project is not the culprit of the existing traffic problems at the Rancho Califomia/Ynez Roads intersection, Commissioner Slaven noted that the applicant should not be hindered by this already existing problem. Ms. Slaven reiterated her concern with the existing traffic condition and commented on the volume of individuals that to travel through this particular intersection. In response to Commissioner Slaven's concern, Principal Engineer Parks noted that the project will contribute less than 5% increase to existing traffic volumes at the Ynez/Rancho California Roads intersection. Advising that improvements are being made to accommodate the City's current growth, he stated that the proposed project has been conditioned to pay a frontage fee for half of the raised median on Ynez Road and to complete the sidewalk along Ynez Road prior to occupancy. In the event the required improvements were not completed prior to the opening of the restaurant, Mr. Parks, for Chairwoman Fahey, advised that the project would not have a significant impact on the intersection compared to the existing condition and that it would not change the existing level of service. Commissioner Slaven reiterated her concern that the proposed project would further worsen an already congested intersection. In response to Commissioner Slaven, Commissioner Guerdero noted that once Rancho Highland Drive improvements are completed, a substantial amount of the traffic associated with turning movements would be eliminated. Since the proposed project will have a maximum impact of 3.9% on the intersection, Commissioner Miller stated that the existing traffic problems are not applicable to the proposed request. Although she spoke in support of the architectural design, Chairwoman Fahey noted that it will not be compatible with the hotel and encouraged the use of adequate landscaping to further minimize the transition between the two structures. Assistant Planner Anders advised that the applicant has worked with the City's contracted landscaping architect to ensure an appropriate landscaping transition between the two structures. In light of the fungus problem associated with the California Sycamore tree, Commissioner Slaven encouraged the applicant to utilize another tree. Temecu~ PlennJna Cc,,,.,,i~on Felx~w 2. lgge pl ^NNING MANAGI=R'S R!::PORT In light of Commissioner Soltysiak's absence, it was the consensus of the Commission to defer discussion with regard to changing the Planning Commission's meeting date. P! ANNING COMMISSION nlSCUSSION A. Commissioner Guerriero requested that a joint meeting with the City Council be scheduled. B. Commissioner Guen'iem commended Commissioner Slaven on her representation of the City and the Planning Commission at a recent Planning Commissioners' Workshop. C. commissioner Miller requested that staff address the number of posted flags located at the Texaco Station on Front Street. ADJOURNMFNT At 8:14 P.M., Chairwoman Fahey formally adjoumed this meeting to Monday. February 23. 1998, at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Debbie Ubnoske, Planning Manager ATTACHMENT NO. 12 CITY COUNCIL/PLANNING COMMISSION MINUTES APRIL 21, 1998 R:~TAFFRPT~49PA97.PC4 6/24/98 mf ~ ] ~ MINUTES OF AN ADJOURNED REGULAR JOINT MEETING OF THE TEMECULA CITY COUNCIL AND PLANNING COMMI$~;ION APRIL 21, 1998 ~AI L Ttl nRr~;R A joint meeting of the City of Temecula City Council and Planning Commission was called to order at 8:00 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula. Rft! I P--,'~I_L PRESENT: ABSENT: PRESENT: ABSENT: Councilmembers: Councilmember: Commissioners: Commissioner: Comerchero, Undemans, Stone, and Ford. Robe~s. Gue~iero, Miller, Soltysiak, and Sisyen. Fahey. P! IR! I~- ntlMMI=NT-~ None. CITY r-OUNCI! ICOMM!.~.~ION R!=PnRT.~ None. CITY ~-rtUNCI!/nt~MMl-~glnN 1. Review of the P-ity's Ruilt Environment 1.1 Receive the staff report and provide direction. Community Development Director Thornhill presented the staff report (as per written material of record). Focusing primarily on the commercial/industrial components, Mr. Thornhill noted that the City's Design Guidelines were adopted approximately one year ago; that these Guidelines have been invaluable in guiding the developers; and that these Guidelines do not include elements such as color and materials. By way of overheads, Mr. Thornhill reviewed numerous projects which were constructed within the last two years. With regard to architectural design, Commissioner Slaven relayed her opposition to the continued use of the two square towers and relayed her support to de-emphasize the use of corporate colors, noting that corporate colors are not always appropriate for a Center. Mirmte,,~042198 1 Commissioner Guerriero requested that the Planning Commaselan be given the opportunity to provide input It an earlier stage with regard to the internal traffic flow of a project. Mr. Guerriero as well relayed his desire for more landscaped medians. Concurring with the installation of more landscaped mecEans, Community Development Director Thornhill advised that the City may not condition · developer to install landscaped medians. Echoing Commissioner Guerriero's comment, Councilman Stone requested that the Council be given more lead time with regard to the installation of landscaped medians in order to permit ample time for communication necessary with various agencies to ensure the accomplishment of such installations. Impressed with the diversity of the industrial center, Councilman Stone commended the Planning Commission on a job well done as well as staff for their diligent efforts associated with working with the developers in order to obtain additional and/or more mature landscaping for the City. Mayor Pro Tern Ford requested that a policy be set, requiring a ~oject to receive parallel review from the Planning Commission as well as the Traffic/Public Safety Commission to ensure that traffic issues are properly addressed. In response to this request, Community Development Director Thornhill noted that such additional review will add processing time to the applicant and relayed some difficulty with accomplishing this task especially for the industrial buildings which are generally fast tracked. In response to Commissioner Miller's concern relative to overall City traffic problems, Councilman Stone advised that the effects have not yet come to fruition but that problems have been identified and that solutions are in place. Mr. Stone briefly reviewed upcoming traffic measures which will go into effect in an effort to mitigate some of these concerns. Echoing Commissioner Miller's concern relative to City-wide traffic, Commissioner Sisvan questioned how the Commission could address the cumulative traffic impact while reviewing a project. Sharing those concerns noted with regard to City-wide traffic, Councilman Comerchero noted that the concerns have been identified; that s plan has been implemented to alleviate the concerns; and that the results of this plan should be effective within a year or two. In response to Councilman I.indemans, City Manager Bradley advised that by law, the City's Capital Improvement Program Workshop must be reviewed, each year, by the Planning Commission prior to it being reviewed by the City Council. With regard to inviting the Planning Commissioners to the upcoming Capital Improvement Program Workshop, City Manager Bradley suggested that this invite be extended as well to the Traffic/Public Safety Commissioners. Mim~tea~0421SS 2 T~ ~aul~ ~ Caul~,lfiqinnir~ C:MT-- ~fi An~f :~1. leER For Commissioner Soltysiak, Senior Planner Hogan advised that after the completion of a recently City Council-~N)mved Traffic Study, reconsideretlon of the City's Circulation Element will be forthcoming. Mayor Pro Tern Ford requested that copies of the City Council Workshop minutes of February 21, 1998, and March 14, 1998, be forwarded to the Planning Commissioners. In order to further enhance communications between the Council and the Commission, Councilman Stone suggested the scheduling of more joint City Council/Planning Commission meeting. At titis time, the following motion wl8 offered by Coundlmm Unclerams: Mr~TlttN: Councilman Lindemens moved to diacuu Agenda Item No. 3 out of Mder. The motion was leeended by Councilman ComMahem end voice vote of those pre~ent reflected unanimous approval IMayor Robertl abssnt). 3. ~torege of Recre~tionM V~hiclea in RaaiddmtiM 7ones RFC-ClMMFNnATIC)N Receive the staff report and provide direction. Community Development Director Thornhill briefly introduced the Item. Associate Planner Fagan proceeded with · detailed overview of the staff report (as per agenda material), noting the following: that the term 'vehicles" in the Development Code as it relates to recreational vehicles pertains to commercial vehicles. automobiles, trucks, trailers, motor trucks, motorcycles, mopeds, campers, camper shells, boats or other large recreational and commercial equipment; - that the California Vehicle Code limits on-street parking to 72 hours; that the City's existing RV storage facilities does not accommodate the current need; that if a permit process were approved, · sticker would be issued to the vehicle; that · change in vehicle would require the owner to reapply for a new permit; - that vehicles are not permitted to park in the right-of-way; that since the adoption of the existing Ordinance in January 25, 1995 (prohibiting long-term parking/storage of recreational vehicles in front yards of MinutelY0421 SS Tenon,d- Cltv C~mMil.qq .... na Ca residential zones), the Ordinance was not enforced to the fullest extent because of the lack personnel to enforce the Development Code considering the magnitude of the infraction. Mr. Fagen briefly reviewed the Code provisions enforced in the City of Fullerton and noted that staff had reviewed several Code provisions from other cities. City Attorney Thorsen advised that CC&Rs bind each individual homeowner within the tract to abide by certain rules end those rules also hove enforcement provisions which are then enforced by the Homeowners Association end that ordinances are adopted by the City and enforced by the City, noting that whichever regulation is more stringent will be enforced by the City or the Homeowners Association. With regard to entry monument signs posting parking requirements/restrictions throughout the City, City Manager Bradley, for Mayor Pro Tern Ford, noted that other cities have installed such signs and that the courts have uphold those cities' enforcement of those parking requirements. City Attorney Thorsen advised that the California Vehicle Code preempts all City regulations of Vehicle Code matters and perking issues, noting that the only time a City may regulate vehicle and/or parking issues is when it is under direct authority from the Vehicle Code. Although the Vehicle Code permits the parking of vehicles on City streets up to but not to exceed 72 hours, Mr. Thorsen stated that other provisions of the Vehicle Code permit restricting parking during specific time periods (2:00 A.M. to 4:00 A.M., 2-hour parking, 24- minute parking, etc.). Because parking on streets would be a Police Department issue, City Manager Bradley advised that Code Enforcement does not regulate cars/vehicles parked on City streets. At 9:21 P.M., a recess was called with Mayor Pro Tern Ford reconvening the meeting at 9:31 P.M. Mr. Don Rohrabacher, 44281 Flores Drive, encouraged the City Council to enforce the existing Ordinance. Advising that when he purchased his home, Mr. Ed Sterling, 40466 Cheuncey Way, noted that the realtor had advised him that no RVs would be permitted unless · special driveway would be built. Mr. Sterling noted that the presence of RVs negatively impacts the property in two ways - property devaluation and safety. Mr. James Horn, 31467 Sonoma Lane, past owner of a RV, noted that no new laws are necessary and encouraged the City Council to enforce the existing rules and regulations. Minute=~,042198 4 Voicing his concern relative to on-street RV parking, Mr. Carmine Latrecchia, 31533 Cone Pacheeo, encouraged the Homeowners to enforce the existing CC&Rs. Mr. George Marshall, 31880 Cone Poaitaa, auggeoted the implementation of a no parking or restricting parking to two-hours policy. In light of the growth in this City, Mr. Marshall encouraged the City to address this matter now. Mr. Kevin Smith, 31265 Enfield Avenue, owner of a beet, relayed his concurrence with the 72-hour prohibition of on-street parking and relayed his support of In individual being able to park s licensed vehicle in the driveway and/or paved surface. Mr. Melvin Marks, 32121 Cone Cartoons, commented on how on-street RV parking negatively impacts property values. Ms. Zillah Rodgers, 32124 Cone Caroms, encouraged the City to enforce the existing Ordinance. Viewing the aesthetic appearance of RVs as unsightly, Ms. Anna Bale, 29901 CotTa CastSlie, relayed her opposition to on-street RV parking and encouraged the City Council to enforce the existing laws. Being of the opinion that garages should be u~ed, Mr. Bill Gray, 4044 Yardley Court, encouraged the City Council to enforce the existing Ordinance. Community Development Director Thornhill advised that the existing Ordinance which governs the parking of vehicles on private property was adopted January 25, 1995, noting that prior to the adoption of this Ordinance, the CC&Rs governed such action. Mr. Don Berg, 41511 Riesling Court, encouraged the City Council to enforce the existing Ordinance but noted that driveway RV parking should be permitted as long as the sidewalk is not obstructed and no line-of-sight problems are created. In light of the City's concern with regard to the aesthetic appearance of the business/commercial areas (as per Agenda Item No. 1), Ms. Betty Condren, 40741 Calla Katefine, requested that the same concern be extended to the residential neighborhoods. By way of a photograph, Ms. Condren relayed her concern with a camper, parked in a driveway, obstructing her view. She encouraged the City Council to enforce the existing Ordinance and advised that she lives in a neighborhood which does not have a Homeowners Association. In an effort to retain the City's current standards, Mr. Paul KnowMs, 40769 Calla Katefine, relayed his opposition to a permit system and encouraged the City Council to enforce the existing Ordinance. Minute~0421el Mr. Charles Hlnidey, 31745 Vie Cordoza, In RV owner, relayed his opposition to RV on- street parking because of the potential safety concern and because of ~esthetic appeareries. He noted that RVe should be parked out of · neighborhood end should be properly ·crooned. In deference to his neighbors, Mr. Frank Geyer, 40466 Chauncey Way, RV owner, informed the Councilmember· that he stores his RV ·t · facility. Because his neighborhood does not have · homeowners association, he encouraged the Council to enforce the existing Ordinance to ensure such on-strest parking will not decrease neighboring property values. Encouraging the City Council to express the same aesthetic concam for residential neighborhoods as it doe· for business/commercial areas, Ms. Patricia Hall, 27483 Lark Court, relayed her opposition to on-street RV parking as well as RVs parking in driveways and, therefore, encouraged the City Council to enforce the existing Ordinance. Mr. Dwaine Lewis, 40461 Calls Medusa, advised that the current allowable time frame for a RV to park in the driveway (5 days) is in excess and recommended that this period be decreased to 24 hours. Ms. France· Brent, 31448 Certs Montiel, relayed her opposition to on-street RV parking; noted that additional RV storage facilities should be made available throughout the City; and encouraged the City Council to enforce the existing Ordinance prior to this problem further impacting neighborhood property values. Mr. Tom Harp·tar, 4055 New Town Drive, informed the Councilmembers that his particular neighborhood does not have · homeowners association; concurred with the comment that on-street parking could create a safety; recommended that the City Council enforce the existing Ordinance and that those homeowners associations with CC&Rs be assisted in ensuring that those CC&Rs are properly enforced. Mr. Mike Ramey, 40583 Windsor Road, advised that he resides in a neighborhood which does not have a homeowners association; relayed his support of a driveway permit process in the event the RVs cannot be parked in the side yard or backyard; and concurred that RVs should not be parked on local street· because of safety concern·. Mr. Arlin Somers, 40563 New Town Drive, RV owner, advised that he parks his RV in the driveway because he is unable to store his RV in the backyard or the side yard of his house. Mr. Jim Duffey, 40449 Chauncey Way, encouraged the City Council to enforce the existing Ordinance. Mr. Don Gravett, 30258 Mira Loma Drive, noted that homeowner associations should be forced to enforce the CC&Rs and requested that the City not impose a restriction which would further impact the local streets with RV parking because the homeowners associations will not be able to resolve the matter. Minutee~O421SS ~,,,1'1 21. 1~ Opposing on-street RV parking as well as an individual living in a RV, Mr. Hector Mendoza, 30071 Calla Cerranza, noted that s resident should be able to store · RV on his/her own property. Ms. Cecilia Axton, 30169 Sierra Madre Drive, noted that, in her opinion, RV$ obstruct residential views; that in the event of limited Ipace, RVa should not be permitted to park in tract home areas; and that RV parking decreases the neighborhoods' property values. Because the existing Ordinance is not consistent with the existing CC&Rs, Mr. Bill Brown, 30959 Del Ray Road, suggested that the existing Ordinance be removed for those areas where CC&Rs are in existence and that an Ordinance be adopted for those areas with no CC&Rs. He recommended that the current five-day RV driveway parking allowance be reduced. Mr. Deraid Hansen, 20398 Senels Place, concurred with the City's aesthetic requirements for the business/commercial areas and noted that residential neighborhoods deserve the same aesthetic requirements. Mr. Keith Caddy, 40571 New Town Drive, a RV owner, advised that his RV is parked off- street as well as off the driveway. Mr. Caddy relayed no concern with the existing Ordinance; noted that s restriction such as no parking between the hours of 2:00 A.M. to 4:00 A.M. may pose s problem for visitors; and stated that if s resident is unable to park his RV in the backyard or side yard, he should be able to park the RV, in a safe manner, in the driveway. Encouraging the City Council to readdress the City's Development Code, Mr. Ed Mourles, 27595 Dandelion Court, e RV owner, advised that he was required to construct a paved surface under his RV. Mr. Carl Ross, 43886 Butternut Drive, encouraged the City Council to enforce the existing Ordinance and noted that the City should aid the homeowners associations in implementing the CC&Rs. By way of photographs, Mr. David Micheah, 30300 Churchill Court, spoke in support of a visitor permit process and noted that RVs should either be properly screened or stored at a parking facility. Mr. Paul Jacobs, 32370 Certs Zamora, encouraged the City Council to enforce the existing Ordinance and voiced no objection to RV visitor parking. Mr. Bill Bolsom, Meadowview, relayed his support of · permit process. Referencing · parking prohibition enforced in the City of Mission Viejo, Councilman Stone spoke in support of e restriction which would prohibit any vehicle in excess of 20' to 25' from parking during the hours of 2:00 A.M. to 4:00 A.M. Minutes[0421 as 7 Further c~arifying the Ordinance imposed in the City of Minion Viejo, City ARorney Thorsen advised that it prohibits. on City streets, parking of vehicles which exceed a particular length and width with no hour restriction. Speaking in support of .uch an Ordh~snce, Councilman Stone suggested that such an Ordinance include the prohibition of parking unattached trailers on City streets at any time. liecause the City'e current storage facilities could not poHibly meet the existing demand, Councilman Stone informed the Councilmembers of a City which leases property and then provides a storage facility to its residents at a lower cost, noting that he would further explore this matter. Because those individuals who purchased homes in a homeowners association are~ were aware of the rules, Councilman Stone encouraged those homeowners associations to enforce the CC&Rs or to hire a managemen~ company which could accomplish this task. For the benefit of the homeowners associations, Mr. Stone suggested the scheduling of · workshop at which City Attorney Thorsen could provide information with regard to enforcement to the association. For those individuals who purposely purchased homes in a non-homeowner association area, Councilman Stone stated that the existing Ordinance should be amended to include the following: no RVs should protrude into the right-of-way; RVs must be operable; if space were available to park a RV in the rear or side yard, the owner should be required to park it there; no one should be permitted to live in a RV; no permit process. Concurring with Councilman Stone's comments, Councilman Lindemane stated that the City should enforce the Ordinance previously adopted; encouraged the City Council to first resolve the on-street parking problem, relaying his support of the Ordinance adopted in Mission Viejo; voiced his objection to a permit process with the exception to those individuals who are unable to parking a RV in the rear or side yard; and noted that the existing Development Code should be readdressed. Mayor Pro Tern Ford noted that the Development Code of 1995 was not properly enforced because it did not meet the true needs. Advising that on-site and street parking are two separate issues, City Attorney Thorson noted that any prohibition of street parking would require the adoption of an Ordinance which would go into effect 30 days after its second reading, prohibiting the perking of vehicles in excess of a particular size. Councilman Stone requested that such an Ordinance include the prohibition of unattached trailers of any size. Minute,~04219S S .iB~ 'J1. 199~ Mr~TlrtN: Councilmen Stone, seconded by Councilmen Comerchero, moved that the City Attorney dr. ft In Ordinance Ind en Urgency Ordinance which would prohibit the parking of vehicles of · particular size including unattached trailers of any size end that this Ordinance be addreded et the April 28, 1998, City Council meeting. Voice vote of those present reflected unanimous approval with the exceptinn of Mayor Roberts who was absent. When the Planning Commission reviewed this matter, Commissioner Sicvan informed the Councilmembers that the Commission did not consider whether or not · neighborhood was represented by · homeowners association. Because homeowners associations, in her opinion, do not have the power to resolve difficult issues such as this one, Commissioner Sisvan stated that it should be the City's responsibility to re.give this issue. Having managed homeowners associations, Ms. Slavon advised that there are associations which prohibit the storage of RVs even though the residential lots are large enough to accommodate such a vehicle. Community Development Director Thornhill noted that the existing Ordinance permits five days of driveway parking for visitors, loading, and unloading. With regard to visitor parking, Commissioner Miller informed the Councilmembers that the Commission had recommended that this length of time be decreased to two days. Mr. Miller stated that he would support a temporary permit process and could favor extending visitor perking to three days. For those lots which are small, have no side yard, and the RV does not protrude into the right-of-way area. Councilmen Lindemane suggested that the City grandfather such cases until the City would be able to provide low-cost RV parking. With regard to the telephonic permit process, City Manager Bradley advised that several cities utilize such a process, noting that a RV owner would be entitled to so many per year and that this process would be at no cost to the resident. MnTInN: Councilman Unclemane moved to impose a telephonic permit process whereby the resident must notify the City's Police Department with the license number of the visiting RV; that the permit be limited to three days and not to exceed four times a year; that the permit may be renewable once with s six-day maximum at · time; and that the permit would run with the residence. The motion was seconded by Councilman Comerchero end voice vote of those present reflected unanimous approval with the exception of Mayor Roberts who was absent. For Commissioner Sicvan, Community Development Director Thornhill advised that the City has an existing Code which addresses inoperable vehicles stored in the driveway to which City Attorney Thorsen as well noted that inoperable vehicles within public view are governed by the Vehicle Code. IVlinutes~042198 9 T --uM r'JTv Coufi,44q-,~lnn Camm1,,-'nn MnTInN: Councilman Comerchero moved that the City Attorney prepare an Ordinance, which is to be reviewed by the Planning Commission at · public hearing and subsequently reviewed by the City Council, amending Section 17.24.020D)( 1 )(f) of the City's Development Code by reducing the temporaw perking periods from five days to two days with the exclusion of automobiles end including all recreational vehicles and that this Ordinance should as well include a funding mechanism to ensure proper Code enforcement. Mayor Pro Tern Ford seconded the motion. (This motion was ultimately mJpMseded by m substitute motion.) Reiterating his previous comment, Councilman I indemarts noted that if the RV does not protrude into the right-of-way, if no other storing options are available on the property, and if the resident has stored the vehicle on his property for years, these circumstances should be orsndfsthered in until the City is able to provide low-cost storage facilities. Mr. Lindemens suggested a six-month transition period. Commissioner Guerriero suggested that the possibility of grandfsthering be explored by the Planning Commission. Community Development Director Thornhill suggested that this matter be discussed with one Councilmember, one Commissioner, and staff; that after review, the matter be forwarded to the Planning Commission st its May 6, 1998, meeting for review; end that after review, the matter be forwarded to the City Council for final review. For those areas with homeowners' associations, Councilman Stone noted that the associations should govern whether or not parking should be allowed on driveways. In response to Councilman Stone, Police Chief LaBahn noted that incidents have occurred throughout the City where the parking of s RV on City streets has created a safety concern. Councilman Comerchero concurred that those residents in a non-homeowners associations should be given a transition period. Commissioner Sisvan concurred that the Planning Commission could address these issues at the May 6, 1998, Planning Commission meeting for review and then forward · draft Ordinance to the City Council for review and consideration. .qlInqTITIITF MnTIrtN: Councilman Stone moved that staff provide bullet points of this meeting to the Planning Commission so that the Commission would be able to make a recommendation to the City Council for final review and action. The motion was seconded by Councilman Comerchero and voice vote of those present reflected unanimous approval with the exceDtion of Mayor Roberts who was absent. Minutel%0421 ~! 10 T- =,eu'- ~ r,-,--~4q.nniff,- rr '-:-'-n ,~nHI 21. At ~s ~m, ~e ~ ~ ~ ~ ~du Agmdl Or~ ~ dKuu ~em No. 2. 2.1 A~horize I ~rol~ive Tem~rlw Sign Enfor~ment Program. In light of the time, the following motion was offered: Mn~N: Councilman Un~emani moved to ~ntinue this Agenda ~em. The motion was se~nded by Councilman Stone and voice vote of thom pre~nt reflexed unanimous approval (~r Ro~ a~ent). CI~ ~NAR~R'~ R~P~RT None. ~1~ A~RN~'~ R~P~RT None. AhJ~! IRNMFNT At 12:34 A.M., Mayor Pro Tem Ford formally adjourned the C~y Council meeting to Tuesday, April 28, 1998, at 7:~ P.M. ~ Ron Roberts, Mayor ATTEST: · Jonea, (:~C ity Clerk ~ Mi~tee~O421gS 11 ATTACHMENT NO. 13 PLANNING COMMISSION MINUTES MAY 6, 1998 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MAY 6, 1998 CA! L TO ORDER The City of Temecula Planning Commission convened in an adjourned regular meeting at 6:09 P.M., on Wednesday, May 6, 1998, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Commissioners Guerriero, Miller, Soltysiak, and Acting Chairwoman Slaven. Absent: None. Also Present: Planning Manager Ubnoske, Senior Planner Hogan, Principal Engineer Parks, Attorney Curlay, Associate Planner Fagan Project Planner De Gange, and Minute Clerk Ballreich. PUBLIC COMM!=NTS Because she has observed that garbage bins are not being properly stored behind gates and out of public view, Ms. Anna Bale, 29901 Corte Castilia, requested that an ordinance be established to address the placement of garbage bins. COMMISSION BUSIN!=SS 1. A~Droval of Agenda MOTION: Commissioner Miller moved to approve the agenda. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. PUBLIC H!=ARINGS 2. Planning AIN~lication No. PA97-0447 (Development Plan} - ! ong Machine Shop Request to construct a 14, 367 square foot industrial building on 1.32 acre site. DRAFT RECOMMENDATION It is recommended by Staff that the Planning Commission approve the request as conditioned. Project Planner De Gange presented the staff report (as per agenda material), noting that the applicant will comply with the performance standards of the Design Guidelines as outlined in the Development Code; that although the on-site employee patio area would not be completely screened from Winchester Road, the existing 20' to 25' landscaped slope area will negate any view concern; that an access doorway will be located along the west elevstion; and that a color rendering was only available for the west elevation of the building. Ms. Vicki Long, applicant, confirmed that the Fire Department has requested the installation of an access doorway along the west elevation which will exit onto the sidewalk, noting that the revised landscaping plan will reflect the required sidewalk; that the employee patio area will have a water feature but that it has not yet been designed; that the building color will be tan; and that because the building will be sandblasted colored concrete, no paint will be used on the building with the exception of on the doors and framework. Ms. Long briefly provided clarification with regard to the use of glass on the building as well as the use of spandrel panels. Prior to approving this request, Commissioner Guerriero relayed his desire to receive additional information with regard to the elevations, the water feature, the landscaping, the visibility of the patio area from Winchester Road, the proposed colors, and employee accessibility. Confirming that the landscaping plan will be amended to reflect the required sidewalk, Planning Manager Ubnoske noted that the proposed site plan will not be amended. Senior Planner Hogan reviewed the project including the recently proposed changes; noted that the west elevation rendering accurately reflects the proposed color of the building; and referenced Exhibit G (color and material board) as per Condition No. 8. in an effort to resolve the Commissioners concerns with regard to color, materials, and elevation, Planning Manager Ubnoske suggested that the applicant be requested to submit additional elevation renderings to which the Commissioners could respond at a later date. Commissioner Guerriero spoke in support of Ms. Ubnoske's suggestion to request the applicant to submit additional elevation renderings. Commissioner Miller voiced no objection to the proposed project. In light of the discussion with staff and the applicant and in light of the submitted color rendering, Acting Chairwoman Slaven relayed no concern with the proposed project. Concurring with Acting Chairwoman Slaven's previous comments, Commissioner Soltysiak noted that the he would not be desirous of delaying this project only to obtain additional elevation renderings. DRAFT MOTION: Commissioner Miller moved to close the public; to adopt the Negative Declaration with a Finding of DeMinimus Impact for Planning Application No. PA97-0447; to adopt the Mitigation Monitoring Program for Planning Application No. PA97-0447; to add a Condition of Approval requiring the submittal of a revised landscaping plan which will reflect the required access door (as per the Fire Department) on the west elevation; and to adopt Resolution No. 98-013 as follows: RESOLUTION NO. PC 98-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0447 (DEVELOPMENT PLAN) TO CONSTRUCT AND OPERATE A 14,367 SQUARE FOOT OFFICE, LIGHT MANUFACTURING AND WAREHOUSE BUILDING, ASSOCIATED PARKING AND LANDSCAPING ON A PARCEL CONTAINING 1.32 ACRES LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND COLT COURT (27450 COLE COURT) AND KNOWN AS ASSESSOR'S PARCEL NO. 909-310-070 The motion was seconded by Commissioner Soltysiak and voice vote reflected unanimous approval with the exceotion of Commissioner Guerriero who voted no. Development Code Regulations of on-site storage of vehicles {to include recreational vehicles) in residential zones R;COMMI=NDATION It is recommended by staff that the Planning Commission receive the staff report and provide recommendations to the City Council regarding modifications to the existing Development Code Regulations pertaining to the On-Site Storage of Vehicles (to include recreational vehicles) in residential zones. Associate Planner Fagan presented the staff report as well as correspondence received from the public, clarifying that the Cit¥'s existing Code permits the storage of any vehicle within the rear/sideyard setbacks as long as the vehicle is screened by a five foot fence. Planning Manager Ubnoske noted that prior to the adoption of the existing Code (1995), the City adhered to County Ordinance No. 348 which did not include recreational vehicle regulations. Because the Code, the Business Professions Code, and the Health Code do not address the issue of blight, Commissioner Guerriero noted that the Planning Commission should address this issue. In response to Commissioner Guerriero's comment, Commissioner Miller noted that he would not associate blight with the issue of discussion. In response to.Acting Chairwoman Slaven, Attorney Curley reviewed the Commission's role as an advisory body to the City Council. He clarified that the City does not enforce CC&Rs, noting that if certain homeowner association standards are stricter than the City's policy, those DRAFT homeowner associations may elect to enforce those standards. If the standards were looser than the City's standards, the standards of the City would go into effect. With regard to the issue of blight, Attorney Curley advised that issues such as blight, maintenance, design, abandoned vehicles, etc. are issues which are currently defined under Nuisance. At this time, Acting Chairwoman Slaven opened the public hearing. By way of pictures, the following individuals, several of which are RV owners, spoke in support of the City's existing Ordinance with regard to on-site storage of vehicles; encouraged the Commission to recommend to the City Council that this Ordinance be enforced; and requested that the existing Ordinance be strengthened to ensure proper enforcement: Frank Geyer 40466 Jim Porter 40221 John Lynch 32237 Patricia Hall 27483 Bill Gray 40414 Jack Leathers 42623 Charles Hankely 31745 Don Rohrabacher 44281 Anna Bale 29901 Paul Knowles 40469 Dwaine Lewis 40461 Larry Markham 30105 Chauncey Way Tuolomne Court Placer Belair Lark Court Yardley Court Remora Street Via Cordoba Flores Drive Corte Caatille Calle Katerine Calle Medusa Cabrillo Avenue Additional suggestions which were raised by the above-mentioned individuals were as follows: that no RV parking be permitted between the hours of 2:00 A.M. to 4:00 A.M. that the-issue of tractor parking, camper shell storage (those not attached to a truck), and disrepair be addressed in the Ordinance. During the public hearing, the following individuals relayed their opposition to the existing Ordinance, noting that this issue should either be addressed by the homeowner associations or the Cit¥'s existing Nuisance Ordinance; that licensed vehicles in good repair should be permitted to park in the driveway as long as there is no imposition on the public right-of-way; that a parking permit process be instituted, at a nominal fee, to accommodate those individuals unable to park their RVs in the side or rear yard setbacks; and that a time period for loading/unloading be considered: Kevin Smith Ed Elder Mike Ramey Ed Mowles 31265 Enfield Lane 42775 San Julian Place 40583 Windsor Road 27595 Dandelion Court At 8:27 P.M., Acting Chairwoman Slaven called a short recess and reconvened the meeting at 8:36 P.M. DRAFT Providing clarification with regard to the definitions of yard and setback, Attorney Curley noted that the current Ordinance requires the screening of RVs parked in the setback area with a fence no less than five feet in height. In light of the testimony received, Commissioner Soltysiak stated that, in his opinion, the on- site storage of RVs in tract home developments would not be compatible in light of the setback requirements. With regard to on-site storage of RVs on large acreage lots, Commissioner Soltysiak noted that proper screening would become an issue. In of light of previous testimony as well as testimony received this evening, Commissioner Guerriero relayed his opposition of permitting RV parking in the front yard and recommended that the existing Ordinance be enforced and strengthened and that specific clarification be provided with regard to setbacks, screening, paved area, and camper shells. He noted his opposition to a grand fathering policy; spoke in support of granting a loading/unloading time period; and relayed his support of hiring an additional Code Enforcement Officer to ensure proper enforcement of the Ordinance. Speaking in support of the existing Ordinance, Acting Chairwoman Slaven addressed the public health and safety issues associated with this matter; stated that the existing Ordinance should be strengthened to ensure proper enforcement; and concurred that specific definitions with regard to setbacks, screening, pavement, etc. should be clarified to ensure the Ordinance can be properly enforced. MOTION: Commissioner Miller moved to renew the Planning Commission's recommendation to the City Council to enforce the Ordinance as written and to direct the Attorney and staff to clarify specific definitions, as previously mentioned, in the Ordinance to ensure proper enforcement and to resubmit the Ordinance with the clarified definitions to the Planning Commission for final review at the June 3, 1998, Planning Commission meeting. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. PLANNING MANAGFR'S R!=PORT Planning Manager Ubnoske briefly reviewed and provided information with regard to a request from Temeku Advertising to amend the earlier proposed and approved building elevations, noting that staff has no objection to the proposed request. Senior Planner Hogan highlighted the previously approved structure and reviewed the proposed elevation changes, noting that the previously approved square footage of the building has not been amended. Following extensive Commission discussion, it was the consensus of the Planning Commission that such a request should be resubmitted to the Planning Department and, therefore, denied the applicant's request. DRAFT COMMISSION!=R R!=PORTS In response to Commissioner Miller, Planning Manager Ubnoske confirmed that the Planning Commission reviews structures in excess of 10,000 square feet and that housing tract elevations are considered at Planning Director Hearings, not at the Planning Commission level. Expressing a concern with the River Walk Development, Commissioner Miller requested that the Planning Commission be given the opportunity to consider product review to which Planning Manager Ubnoske noted that product review is normally reviewed at Planning Director Hearings and that adding product review to the Commission level would add substantial time to the process but that she would discuss it with Community Development Director Thornhill. Ms. Ubnoske noted that the Commissioners may forward any concerns to staff and that these concerns would be considered during the review of the design guidelines. In response to Commissioner Guerriero, Deputy Director of Public Works Parks noted that the Ralph's project is proceeding and that the conditioned signal light will be constructed at the originally proposed location. ADJOURNMFNT At 9:36 P.M., Acting Chairwoman Slaven formally adjourned this meeting to Wednesday, May 20, 1998, at 6:00 P.M. Marcia Slaven, Acting Chairwoman Debbie Ubnoske, Planning Manager 6 ATTACHMENT NO. 14 PLANNING COMMISSION MINUTES JUNE 3, 1998 ATTACHMENT NO. 5 PLANNING COMMISSION MINUTES JULY 1, 1998 27 RESOLUTION NO. PC 98-022 '~ /~ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0086 (DEVELOPMENT PLAN), THE DESIGN, CONSTRUCTION AND OPERATION OF A 16,756 SQUARE FOOT BUILDING ON 1.16 ACRES, LOCATED ON THE SOUTH SIDE OF ENTERPRISE CIRCLE NORTH, BETWEEN DIAZ ROAD AND JEFFERSON AVENUE, AND KNOWN AS ASSESSOR'S PARCEL NO. 909-281-010 The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval with the exception of Commissioner Soltysiak who abstained. City of Temecula Request to recommend changes to the existing Development Code regulations of on-site storage of vehicles (to include recreational vehicles) in residential zones. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission provide recommendations to the City Council regarding modifications to the existing Development Code regulations pertaining to the on-site storage of vehicles (to include recreational vehicles) in residential zones. Referencing Draft No. 2, Associate Planner Fagan, in detail, reviewed the staff report (of record); clarified that the Section referenced throughout the staff report should read 17.24.020; advised that staff had received one letter and several hot line calls with regard to this issue; and reiterated that the recommended changes do not pertain to vehicles parked on the street right- of-way, noting that this issue has been previously addressed by the City Council. Following extensive Commission discussion, it was the consensus of the Planning Commission to add the term moving van to Section 17.24.020.D.1.f. The following individuals relayed their support of the Ordinance and encouraged the Commission to approve the recommended changes: Roger English - Bill Gray - Jim Porter - David Greenfield 29683 Stonewood 40414 Yardley Court 40221 Tuolomne Court 32179 Calle Avella Speaking in opposition to changing the existing Ordinance, Mr. Robert Williamson and Mrs. Geri Williamson, 30219 Villa Alturas, relayed their difficulty in finding storage facilities within close proximity of their residence which provides RV storage. Commissioner Soltysiak, echoed by Commissioner Guerriero and Chairwoman Slaven, commended staff on completing this very difficult task and thanked the public for their input. In response to Commissioner Webster's comment relative to the72~hour on-stree~'~p~/i g prohibition, Associate Planner Fagan advised that the City has in force a City-wide proh~)~ of parking on streets for longer than 72 hours and that action would be taken on tl~' prohibition on a complaint basis. MOTION: Commissioner Guerriero moved to close the public hearing and to adopt Resolution No. 98-023. RESOLUTION NO. 98-023 A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. PA97-0349, AMENDING SECTIONS OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES The motion was seconded by Commissioner Naggar and voice vote reflected unanimous approval. At 7:20 P.M., Chairwoman $1aven called a short recess and reconvened the meeting at 7:25 P.M. 10. Planning Application No. PA9-0205 (Prezoning and Annexation - Vail Ranch and Redhawk) Request to prezone and annex approximately 1,995 acres which is comprised of the Redhawk (Specific Plan No. 217) and Vail Ranch (Specific Plan No. 223) Specific Plan Areas from unincorporated portions of Riverside County into the incorporated City of Temecula. RECOMMENDATION It is recommended by the planning Department that the Planning Commission approve the request as conditioned. Community Development Director Thornhill presented the staff report (of record), noting that this annexation was not initiated by the City; that a petition requesting this annexation was submitted by several residents of the Redhawk area; that the Vail Ranch residents' rates and charges would decrease by approximately $40.00 a month and the Redhawk residents' rates and charges would increase by approximately $13.00 a month, noting that this increase is primarily because of the amount of slope in the Redhawk area; that the City will have a resident election on this issue in March of 1999; and that annexation, if approved, should be completed by July 1999. By way of a rendering, Project Planner De Gange further commented on the staff report (of record), providing a detailed overview of the upcoming annexation process; advising that the annexation of the two Specific Plans must proceed as a unit; that all analysis has been based on the totality; that this Measure must pass by a two-thirds majority vote of the registered voters; and that the proposed rates and charges are based on build out and are, therefore, a maximum. ATTACHMENT NO. 6 CORRESPONDENCE cc: Ron Bradley Gary Thornhill City of Temecula P.O. Box 9033 Temecula, California 92589-9033 (Fax: 909/694-1999) Dear Mayor and Councilmen: I request that you approve the Parking Ordinance as completed by the Planning Commission. At your request, the Planning Commission has worked diligently and intelligently to provide an Ordinance that satisfies the law abiding citizens of Temecula. Through the use of phone calls, letters and public forum, they have endured both sides of this issue. This Planning Commission has now provided you a political shield, so that you do not have to take sides on this decisive isSue. It remains for you to only approve what you asked the Planning Commission to do: provide an enforceable Ordinance. Do not get bogged down in micro-management. You have been given the tools, use them. We voters in Temecula have long memories. How you individually vote on this Ordinance (as written) will be remembered at election time. Represent the whole City and vote responsibly. This Council and this City can be the envy and example for others to follow. Sincerely, My address: AUG 0 '-!998 cc: R. Bradley G. Thornhill City of Temecula P.O. Box 9033 Temecula, California 92589-9033 (Fax: 909/694-1999) Dear Mayor and Councilmen: I request that you approve the Parking Ordinance as completed by the Planning Commission. At your request, the Planning Commission has worked diligently and intelligently to provide an Ordinance that satisfies the law abiding citizens of Temecula. Through the use of phone calls, letters and public forum, they have endured both sides of this issue. This Planning Commission has now provided you a political shield, so that you do not have to take sides on this decisive issue. It remains for you to only approve what you asked the Planning Commission to do: provide an enforceable Ordinance. Do not get bogged down in micro-management. You have been given the tools, use them. We voters in Temecula have long memories. How you individually vote on this Ordinance (as written) will be remembered at election time. Represent the whole City and vote responsibly. This Council and this City can be the envy and example for others to follow. Sincerely, AUG i 0 1998 : AUG !01998 JACK & CHARLOTTE LEATHERS 42623 REMORA STREET TEMECULA, CA 92592 August 12,1998 Mr. Ronald H. Roberts, Mayor P.O. Box 9033 Temecula, CA 92589-9033 Ref.' Parking of Recreational Vehicles on driveways in Residential Areas. Dear Mayor Roberts, It is my understanding that the Council will have the above named subject on their agenda on August 25, 1998, for action. Since I will probably be out of town I want to voice my opinion to you via letter, again. First I would like to thank you for handling the on street parking of like vehicles as you did. There is just one more step that should be taken and that is the concern of them being parked on driveways. I have attended the meetings of the Planning Commission concerning this subject and testified in front of them. My friend, Mr. Bill Gray, and I have also met with Mr. Matthew Fagen concerning this code, and expressed to him our feelings about this matter. The Planning Commission has acted and presented you with their recommendation. I am 100% behind this recommendation. Many people are concerned about the increased parking of RV's, boats, and house trailers on driveways. In fact there are many more people who do not have RV's, etc. than there are that do, as I know you realize. If one would ask, most of them would not want their neighbors parking their equipment in the driveways near them. I have been president of our Alta Vista Community Association for three years in the past, and soon found that we had a problem with all these vehicles being parked on driveways and in the street. We do have CC&R's that prohibit this unless they are parked behind a fence in their side yard. The problem is the procedure that we have to go through to enforce these rules. If the violator wants to be difficult it could take many months to a year to get this resolved. Meanwhile the Association has had the expense of an attorney, held many hearings, issued fines, and finally when the fines aren't paid placed a lien on the property. As you can see, this could also cause quite a disruption in the community. So I am saying to you that this route is not the answer! The main reasons why I think these vehicles should not be allowed to park in driveways and on the street are as follows: 1. Properties are devalued. 2. Safety when neighbors back out of their adjacent driveways and are unable to see moving traffic and kids playing. 3. Undesirable views from one's home, if you live nearby. 4. A junky appearance tends to develop, not only around that residence, but also in the community. 5. Future development such as the East Side Lake will bring many more recreational vehicles into this community, and the code will certainly be tested. If we continue to have addkional parking of these vehicles, the communities will really look junky and property values will decrease. I hear that some of the Council Members and other residents are now talking about property rights. We all enjoy property rights, but some people want to abuse them for their own selfish benefit. Some people really don't give a hoot about what their neighbors have to look at, or what their community looks like, I feel that this is what this issue is all about. Treating your neighbor the way you wouM want to be treated Are many people forgetting about this rule? I believe they are. When this happens we have to rely on Codes and Ordnances. That is unfortunate but true! Speaking of property rights, I believe that when I come home from church on Sunday, or any other time, I should be able to look out from my property across a well kept street, neighbors lawns, well kept homes and the beautiful sky that shines in Temecula. Should these be taken away from me, just because a neighbor buys an RV, boat, or trailer and thinks he has the right to park it on his driveway, for his total benefit? What if I would buy a very large truck, one that I kept polished and clean (or the op- posite), used for my families benefit, and parked it along side of their driveway. WOULD THEY LIKE ME FOR DOING THAT, probably not. You see, I think property rights go both ways, don't you? I think that people owning recreational vehicles should be allowed to have them at home long enough to service them, load and unload them. A reasonable amount of time should be allowed for this. If a property owner has a friend visiting with an RV, a permit should be required for them to park, for any considerable length of time. As for as the cost of enforcing of the rules, I feel that the City cannot afford not to get involved, and the cost whatever it is, should be allowed. If the fines are large enough and the rules made known to everyone, it won't take long until the violations will be at a minimum. If it takes an additional code enforcement officer, then so be it. We spend money to make our parks and other parts of the City look well kept and the appearance superior, so why not spend money to make our total City look the same. It will be appreciated by most of the residents! I want to thank you, the total City Council, the City Manager and all the staff for all the work that has been done to make our City what it is today. I am proud of our City and thank you for your efforts. May your success continue to grow. cc: Steven J. Ford, Mayor Pro Tem Jeffrey E. Stone, Councilman Jeff Comerchero, Councilman Karel F. Lindemans, Councilman Ronald E. Bradley, City Manager Matthew Fagan, Associate Planner Very truly yours, ITEM 16 TO: FROM: DATE: SUBJECT: APPROVAL ~7///, ~ City ATTORNEY /} ~/~ DIRECTOR Of FINANC~ ~ CiTY MANAGER J~ CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thomhill, Community Development Directo~ August 25. 1998 Adoption of Zoning Regulations and Licensing of Sexually Oriented Businesses RECOMMENDATION: That the City Council: 1. Adopt the Negative Declaration pursuant to the California environmental Quality Act for the proposed Ordinance; and 2. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS BACKGROUND: On October 22, 1996, November 12, 1996, and September 9, 1997 the City Council adopted Urgency Ordinances imposing interim standards for Sexually Oriented Businesses. These interim Ordinances were not adopted in response to requests from a sexually oriented business requesting to locate in the City. In fact, they were adopted to clearly identify the areas that these businesses can locate to and the standards that they must comply with in order to obtain approval from the City for their operation. To date the City has not received any requests for a sexually oriented business. The interim standards will expire on October 15, 1998. Therefore, there is a need to adopt the City's permanent regulations for these businesses. The proposed Ordinance is different from the Interim Ordinance in two major ways. The first is that these businesses will be permitted in an overlay zone as opposed to all the parcels within the Community Commercial and Service Commercial zones. This overlay zone generally covers all commercially designated zoning districts between 1-15 and the Murrieta Creek north of Rancho California Road to the City Limits. In addition, some commercially designated parcels along Winchester Road and Ynez Road intersections have been included. P:\NAASEH$~d)ULI'$R. CC 8/18/98 m 1 The second difference is that the distance requirements between these businesses and sensitive uses, and from each other, have been eliminated. This deletion is due to recent court cases that imply that these restrictions, over time, will reduce the opportunity for these businesses to conduct their business and would impact their First Amendment rights for free speech. At staff's request, the City Council continued this item from its August 11, 1998 meeting to allow staff to prepare a Negative declaration for adoption. Attachment 5 includes the Initial Study which was used to prepare the Negative Declaration. Previously, the Planning Commission had approved this item it in their July 15, 1998 meeting with a 3-0 vote. The Planning Commission had concerns regarding the boundary of the Overlay Zone. In particular, they recommended eliminating all the area within the overlay zone on the east side of the freeway. They were concerned about the proximity of the overlay zone to the Temecula Valley Unified School District Bus Maintenance Facility and the residential areas to the east of the mall site. In addition, their concerns included the overlay zone's inclusion of the new shopping center on the northeast corner of Winchester and Margarita and the mall site. DISCUSSION: The proposed overlay zone includes 290 parcels. The whole City includes 17,370 parcels with 613 commercial parcels and 440 industrial parcels. Therefore, sexually oriented businesses can locate on over 47 percent of all commercially zoned parcels within the City. With the Planning Commission's recommendations, the overlay parcels are reduced to 189, which represents 30 percent of all parcels within the City. FISCAL IMPACT: None. Attachments: 2. 3. 4. 5. Ordinance No. 98- - Page 3 Planning Commission Staff Reports - Page 4 Planning Commission Minutes - Page 5 Relevant Information Regarding Sexually Odented Businesses - Page 6 Initial Study- Page 7 P:\NAASI~I'I$9~.DULTSR. CC 8/18/98 sn 2 ATTACHMENT NO. 1 ORDINANCE NO. 98- 3 ORDINANCE NO 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform constitutionally permissible regulation of sexually oriented businesses in the City of Temecula. This City Council Finds that the secondary effects of sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of sexually oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances and community disruption related to the operation of sexually oriented businesses, and maintain local property values. B. Sexually oriented businesses, due to their nature as shown in the evidence referenced and incorporated herein, will affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. C. It is the purpose and intent of this Ordinance to establish proper regulations and to provide for a reasonable number of appropriately located sites for sexually oriented businesses within the City of Temecula, based upon the following findings: 1. The City Council in adopting this Ordinance takes legislative notice of the existence and content of the following studies that describe and substantiate the adverse, secondary effects of sexually oriented businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, California: Phoenix, Arizona: St. Paul, Minnesota: Garden Grove, California Upland, California 1986 1984 1977 1979 1989 1991 1992 2. Based on the foregoing studies and the other written and oral evidence presented to the Planning Commission and this City Council, the City of Temecula finds that: a. Sexually oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, b. Both the proximity of sexually oriented businesses to sensitive land uses and the concentration of sexually oriented businesses tend to result in the blighting and downgrading of the property located within areas in which they are located. 3. The studies conducted in the identified communities referenced above demonstrate that the proximity and concentration of sexually oriented businesses adjacent to residential, recreational, religious, educational, or other sexually oriented businesses can cause other businesses and residents to move elsewhere; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 4. The studies conducted in various communities referenced above have demonstrated that sexually oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 5. The special regulation of sexually oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that sexually oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas and the subject property. 6. It is the purpose and intent of these regulations to direct the location of sexually oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of sexually oriented businesses is necessary. 7. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between sexually oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other sexually oriented businesses. In the preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other sexually oriented businesses into consideration and has endeavored to minimize the effect that sexually oriented businesses have upon those sensitive areas and upon the community in general. 8. The need to regulate the proximity of sexually oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other sexually oriented P: ~NAASEllS\ADULT. CA 8/17/98 klb 2 businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. 9. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: a. Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighbor- hood; and, b. The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. 10. In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple sexually oriented businesses in order to mitigate the compounded concentrations as described above. 11. In adopting the regulations set out in this Chapter, it is recognized that locating sexually oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. 12. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. 13. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of sexually oriented businesses in order to protect the health and well-being of its citizens. 14. The City Council has considered the decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to: Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991). P: \NAASE~I$ \ADULT. CA 8/17/98 klb 3 15. The City Council has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements regarding the ownership and operation of sexually oriented businesses are in the public interest. 16. The City Council desires to protect the rights conferred by the United States Constitution. As such, the Council hereby legislates in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies, case law and other testimony have shown as associated with the development and operation of sexually oriented businesses. 17. It is not the intent of the City Council under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State of California obscenity statutes against such illegal activities in Temecula. 18. It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral Ordinance which addresses the adverse secondary effects of sexually oriented businesses only as to premissable time, place and manner factors. 19. The provisions of this Ordinance would have no effect on the environment based on an Initial Study prepared for this Ordinance. D. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 had a term of forty five (45) days fi'om its adoption. E. On November 12, 1996, the City Council approved Ordinance No. 96-20 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS" implements the above provisions and was intended to extend the moratorium adopted by Ordinance No. 96-18 and adopted the interim sexually oriented business regulations for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. F. On September 9, 1997, the City Council approved Ordinance No. 97-15 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA P:\NAASEHS\ADULT.CA 8/17/98 klb 4 EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 97-15 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has an expiration date of October 15, 1998. G. The Planning Department has reviewed the interim regulations and studied revisions of them for the permanent regulations. This study included the sites available for sexually oriented businesses under the existing Zoning Ordinance and interim regulations to determine whether such locations continue to be appropriate for sexually oriented businesses and whether other locations would be appropriate, the potential concentration of sexually oriented businesses, and their location to other existing and future sensitive land uses. H. The City Council finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with the zoning Ordinance for the location of sexually oriented businesses. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of sexually oriented businesses in the City of Temecula. It is recognized that sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not properly regulated. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of sexually oriented businesses which will protect the public health, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of sexually oriented businesses, and maintain local property values. Uses prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. Section 2. to read as follows: Chapter 5.09 is hereby adopted and added to the Temecula Municipal Code "Chapter 5.09 SEXUALLY ORIENTED BUSINESS REGULATIONS Sections: 5.09.001 5.09.002 5.09.004 5.09.006 5.09.008 5.09.012 5.09.014 Purpose and Intent Prohibition and Applicability Definitions Restricted to Community Commercial Zone Required Approvals for Establishment and Operation of a Sexually Oriented Businesses General Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses to Allow Customers to Remain on the Premises While Viewing Any P:\NAASEHS\ADULT.CA 8/17/98 klb 5 5.09.016 5.09.018 5.09.020 5.09.022 5.09.024 5.09.026 5.09.028 5.09.030 5.09.032 5.09.034 Live, Filmed or Recorded Entertainment, or While Using or Consuming the Products or Service Supplied on the Premises Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Which Provide Adult Arcades with One (1) or More Viewing Area(s) Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Which Provide Live Entertainment Depicting Specified Anatomical Areas or Involving Specified Sexual Activities Administration of Conditional Use Permits Requirements for Sexually Oriented Business License Administration of Sexually Oriented Business License Sexually Oriented Business Employee Permit Required Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age Regulations Nonexclusive Violations/Penalties Public Nuisance 5,09.001 Purpose and Intent. The purpose and intent of this Chapter is to regulate sexually oriented businesses which, unless closely regulated, are demonstrated to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Sexually Oriented Businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of Sexually Oriented Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Sexually Oriented Businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Sexually Oriented Businesses. It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of Sexually Oriented Businesses to their intended market. Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City Ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 5.09.002 Prohibition and Applicability P:\NAASEHS\ADULT.CA 8/17/98 klb 6 No business license, Sexually Oriented Business license, land use entitlement, permit (including building permits), site plan, certificate of occupancy, zoning clearance or other land use authorization for a Sexually Oriented Business, Adult Arcade, Adult Bookstore, Adult Video Store, Adult Cabaret, Adult Hotel/Motel, Adult Motion Picture Theater, Adult Theater, or other use described in this Chapter, as defined in this Chapter, shall be issued, granted or permitted, except as set forth herein. A Sexually Oriented Business shall be premitted if the business complies with provisions of this Chapter. 5.09.004 Definitions. The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. go C0 Adult Arcade shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Adult Bookstore or Adult Video Store shall mean an establishment which dedicates over ten percent (10%) of its retail floor area to the sale, rental or viewing for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Sexually Oriented Business shall mean any business establishment, entity or concem which as a regular and substantial course of conduct performs or operates as an Adult Bookstore, or Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret, Adult Motel/Hotel, Adult Arcade, or any other business, entity or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter or activity depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas but not including those uses or activities, the regulation of which is preempted by state law. Sexually Oriented Business shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie. Adult Cabaret shall mean a nightclub, restaurant or similar business establishment which regularly features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities, or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. P:\NAASEHS\ADULT.CA 8/17/98 klb 7 Adult Hotel/Motel shall mean a hotel or motel or similar business establishment offering public accommodations for any form of consideration which either: Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off- premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television; 2. Rems, leases, or lets any room for less than a six (6) hour period; Rents, leases or lets any single room more than twice in a twenty-four (24) hour period; Allows a tenant or occupant to sub-rent a guest room for a time period less than ten (10) hours. Fo Adult Material shall mean books, magazines, periodicals or other primed matter, or photographs, films, sculptures, signs, motion pictures, video cassettes, laser discs, computer simulations or graphics, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Adult Motion Picture Theater shall mean a business establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. Adult Theater shall mean a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities. I. Establishment of a Sexually Oriented Business includes any of the following: 1. The opening or commencement of any such business as a new business; The conversion of an existing business, whether or not a Sexually Oriented Business, to any of the Sexually Oriented Businesses defined herein; o The addition of any of the Sexually Oriented Businesses defmed herein to any other existing Sexually Oriented Business; or 4. The relocation of any such Sexually Oriented Business. P:\NAASEHS~ADULT.CA 8/17/98 klb 8 5. The substantial enlargement of Sexually Oriented Business. Owner or Permit Holder or Permittee. For purposes of this Chapter, Owner, Permit holder or Permittee shall mean any of the following: 1. The sole proprietor of a Sexually Oriented Business; or Each general partner of a parmership which owns and operates a Sexually Oriented Business; or Each owner often percent (10%) or more of stock in a corporation which owns and operates a Sexually Oriented Business. Person shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). "Regular and substantial course of conduct and business shall mean any Sexually Oriented Business where one or more of the following conditions exist: The area(s) devoted to the display of Adult Matehal exceeds fifteen percent (15%) of the total "Display" area of the business or 100 square feet which ever is less. Display area shall include the area the racks or any other means to display the adult matehals and the walkways and areas used to view or access the displayed matehals; or The business or concern presents any type of live entertainment characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Areas, or performers, models or employees appearing in public dressed only in lingerie on any four (4) or more separate days within any thirty (30) day period; or mo Religious Institution shall mean a structure which is used primarily for religious worship and related religious activities; School shall mean any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the Califomia Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of Education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university. O. Specified Anatomical Areas shall include any of the following: Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or P: \NAASEHS \ADULT. CA 8/17/98 klb 9 Human male genitals in a discernibly turgid state, even if completely and opaquely covered. P. Specified Sexual Activities shall includes any of the following: The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; 3. Masturbation, actual or simulated; Excretory fimctions as part of or in connection with any of the activities described in subdivisions 1 through 3 of this subsection; or Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie or other coverings to the point where Specified Anatomical Areas are exposed. Substantial Enlargement shall mean the increase in floor area occupied by the Sexually Oriented Business by more than ten percent (10%) of the floor area in use for that purpose in existence on the effective date of this Chapter. Transfer of Ownership or Control of A Sexually Oriented Business shall mean and include any of the following: 1. The sale, lease or sublease of the business; or The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or o The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. Police and Fire Departments shall mean the agencies providing police and fire services for the City of Temecula, whether by contract or as employees. 5.09.006 Restricted to Sexually Oriented Business Overlay Zone. No Sexually Oriented Business shall be established, expanded, or conducted except in the Sexually Oriented Business Overlay Zone. Further, Sexually Oriented Businesses shall only be established, expanded, or conducted in accordance with all the regulations contained in this Chapter. P: \NAASEHS\ADULT. CA 8/17/98 klb 1 0 5.09.008 Required Approvals for Establishment and Operation of a Sexually Oriented Business. It shall be unlawful for any person to operate, engage in, conduct or carry on any Sexually Oriented Business within the City of Temecula unless the person operating the Sexually Oriented Business obtains: A Sexually Oriented Business License pursuant to Sections 5.09.022 through 5.09.024 of this Chapter; and A Conditional Use Permit for the location where the Sexually Oriented Business will be conducted, pursuant to Sections 5.09.010 through 5.09.020 of this Chapter. The applications for the Sexually Oriented Business License and the Conditional Use Permit shall be submitted concurrently by the applicant and shall not be accepted by the City unless all submittal requirements for both applications are included with each application. The Director of the Community Development and the Director of Finance, respectively, shall establish the submittal requirements for the Conditional Use Permit and the Sexually Oriented Business License. Each employee of a Sexually Oriented Business or an independent contractor working at a Sexually Oriented Business three or more times during a continuous thirty (30) day period shall obtain a Sexually Oriented Business Employee Permit pursuant to Section 5.09.026, prior to working at the Sexually Oriented Business. The application shall include all submittal requirements as determined by the Director of Finance before being accepted by the City for processing. 5.09.012 General Requirements for Approval of All Conditional Use Permits for Sexually Oriented Businesses. In addition to the general zoning requirements applicable in the subject zoning district, a Conditional Use Permit shall be obtained by a Sexually Oriented Business. The following additional requirements contained in the Section shall be satisfied by all Sexually Oriented Businesses and shall be included a conditions of approval for any approved Conditional Use Permit. Furthermore, the special requirements ("Special Requirements") contained in this Section and in Sections 5.09.14 through 5.09.018 shall be applied to the specified businesses included in these sections. The inclusion of the Special Requirements into the conditions of approval shall serve to conclusively satisfy the findings required by Sections 17.04.01Elb and 17.04.010Eld of the City of Temecula's Development Code. The following requirements shall be included in the approval of all Conditional Use Permits for Sexually Oriented Businesses: A. The application shall be sworn to be true and correct by the Owner under penalty of perjury; The building, structure, equipment and location used by the business which is the subject of this application complies with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Temecula; P: \NAASEHS\ADULT. CA 8/17/98 klb 1 1 Except as specifically provided in this Chapter, the Sexually Oriented Business shall comply with all other zoning, parking, development and design standards applicable to the zone in which the business is located. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the latest Uniform Fire and Building Codes adopted by the City of Temecula or imposed on the City by operation of law. Eo The facility shall be operated by a person with a valid Sexually Oriented Business License at all times. All the employees of Sexually Oriented Businesses as required by Section 5.09.026 shall operate with valid Sexually Oriented Business Permits. The Sexually Oriented Business shall not be located, in whole or in part, within any portable structure. No Sexually Oriented Business shall be open or operating during the hours from 10:00 p.m. to 8:00 a.m. No person under the age of eighteen (18) years shall be permitted within the premises at any time. The building entrance to a Sexually Oriented Business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. The notice shall be constructed and posted to the reasonable satisfaction of the Director of Community Development or designee. The Sexually Oriented Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would foreseeably increase the demand for parking spaces beyond the approved number of parking spaces for the business. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. The Sexually Oriented Business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to approval of the Director of Community Development. P:\NAASEHS\ADU'LT.CA 8/17/98 klb 12 No Adult Material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Sexually Oriented Business. No Sexually Oriented Business shall be operated in any manner that permits the observation of any maternal depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. Qo All indoor areas of the Sexually Oriented Business within which patrons are permitted, except rest rooms, shall be open to view at all times. All on-site signage shall conform to the relevant provisions of both the Temecula Municipal Code and the Zoning Ordinance regarding signs. All Adult Materials and activities shall be concealed from view from any public right-of-way, parking lot or neighboring property. So No loudspeakers or sound equipment shall be used by a Sexually Oriented Business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Temecula. To Lighting shall be required which is designed to illuminate all exterior grounds including off-street parking areas to a minimum of 2.0 foot candles serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and then. The lighting shall be shown on the required lighting plans and shall be reviewed and approved by the Department of Community Development. All areas of Sexually Oriented Businesses accessible to patrons except as otherwise required by law for adult motion picture theaters, and as provided in Section 5.09.016 (Adult Arcades), and Section 5.09.018 (Sexually Oriented Businesses with live entertainment) shall be illuminated at least to the extent of twenty (20) foot-candles, minimally maintained and evenly distributed at ground level. Such lighting shall be shown on the required lighting plan. The Sexually Oriented Business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to a Sexually Oriented Business which deals exclusively with sale or rental of Adult Material which is not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store, and which does not provide rest room facilities to its patrons or the general public. P: \NAASE~qS\ADULT. CA 8/17/98 klb 13 Landscaping shall conform to the standards established for the zone, except that, if the Sexually Oriented Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. The Sexually Oriented Business shall comply with the restrictions regarding the sale/serving of alcohol and persons under the influence of alcohol and controlled substances contained in Section 5.09.028 of this Chapter. 5.09.014 Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses to Allow Customers to Remain on the Premises While Viewing Any Live, Filmed or Recorded Entertainment, or While Using or Consuming the Products or Service Supplied on the Premises. Sexually Oriented Businesses which allow customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consming the products or service supplied on the premises shall provide at least one (1) security guard on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open or customers remain on the premises. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged, the operator, with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the City Police Chief and Building Official of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. 5.09.016 Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses which provide Adult Arcades with One (1) or More Viewing Area(s). Sexually Oriented Businesses which provide adult arcades with one (1) or more viewing area(s) shall conform with these additional requirements: Upon application for a Conditional Use Permit for an Adult Arcade, the applicant shall provide a floor plan of the premises showing a plan thereof specifying the location of one (1) or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed twenty eight (28) square feet of floor area with no dimension greater than seven (7) feet. The diagram shall also designate the place at which the Sexually Oriented Business License will be conspicuously posted. No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the City Planning Commission. It shall be the duty of the Owner(s) to ensure that at least one (1) employee is on duty and situated at each manager's station at any time that a patron is present inside the Adult Arcade. P: \NAASEHS \ADULT. CA 8/17/98 klb 14 The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from at least one manager's station of every area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms. If the Adult Arcade has two (2) or more manager's stations designated, then the interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view of each area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. E0 It shall be the duty of the Owner(s) and all employees present on the Adult Arcade to ensure that the individual viewing area specified in subsection 5.09.016 (6) remains unobstructed by any doors, walls, persons, merchandise, display racks or other matedhals at all times and to ensure that no patron is permitted access to any area of the Adult Arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph 5.09.016 (1) of this paragraph. No Individual Viewing Area may be occupied by more than one (1) person at any one time. "Individual Viewing Area" shall mean a viewing area designed for occupancy by one (1) person. Individual Viewing Areas of the Adult Arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more Individual Viewing Areas. No individual viewing area shall contain booths, stalls, or partitioned portions to be used for the viewing of adult material or other forms of entertainment, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one (1) side open to the manager's station and visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subparagraph 5.09.016 (7) shall be constructed so as to allow twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the adult material. Such lighting shall be shown on the required lighting plan. It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the Adult Arcade to ensure that the illumination described above is maintained at all times that any patron is present on the Adult Arcade. 5.09.018 Special Requirements for Approval of Conditional Use Permits for Sexually Oriented Businesses Which Provide Live Entertainment Depictink, Specified Anatomical Areas or Involvink' Specified Sexual Activities. Sexually Oriented Businesses which provide live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities shall conform with the following additional requirements: P: ~NAASEHS\ADULT. CA 8/17/98 klb 15 No person shall perform live entertainment for patrons of a Sexually Oriented Business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patron shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the Sexually Oriented Business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of a Sexually Oriented Business. The Sexually Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. The Sexually Oriented Business shall provide an entrance/exit to the Sexually Oriented Business for entertainers which is separate from the entrance/exit used by patrons. The Sexually Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Sexually Oriented Business shall provide a minimum four-foot (4') wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than twenty (20.0) foot candles as measured at the floor level. This lighting shall be shown on the required lighting plan. 5.09.020 Administration of Conditional Use Permits. In addition to the provisions set forth in Section 17.04.010 of the Temecula Development Code, the Conditional Use Permits for Sexually Oriented Businesses shall be administered according to the following: Time Limits For Action On Conditional Use Permit. An application for a Conditional Use Permit shall be approved or denied by the Planning Commission, based upon the satisfaction or failure to satisfy the standards applicable thereto, within forty-five (45) calendar days of the determination that the application is complete by the Department of Community Development. Appeals. The City Council on appeal, shall approve an application for a Conditional Use Permit for a Sexually Oriented Business upon findings that the Applicant has met all the applicable requirements and performance standards of this Chapter. An Appeal shall be conducted pursuant to Section 17.03.090 of the Temecula Development Code with the sole exception that an appeal for an Adult Conditional Use Permit shall be heard within thirty (30) days of its filing with the City Clerk. Any proceeding to seek judicial review of any City Council decision shall be brought in accordance with the provisions of the Temecula Municipal Code and applicable State Law. Suspension and Revocation of a Conditional Use Permit. In addition to the provisions set forth in Section 17.03.080, the Planning Commission may suspend or revoke any Condi- tional Use Permit if it is found that any of the following conditions exist in addition to the criteria set forth in this Chapter: 1. The operation conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances, the requirements of this Chapter, the Conditional Use Permit, or Sexually Oriented Business Permit, or is in violation of, or has violated, one or more of the conditions of approval of the Conditional Use Permit or; 2. That the approved use has been substantially enlarged without City approval; That the approved use has been partially or wholly converted to another Sexually Oriented Business without City approval; That the Conditional Use Permit has not been utilized within six months of its issuance; or 5. The Sexually Oriented Business License has been suspended or revoked. 5.09.022 Requirements for Sexually Oriented Business License. In addition to the general Business License requirements contained in Chapter 5.04 of the Temecula Municipal Code, the following additional general requirements contained in this Section shall be satisfied by all owners seeking a Sexually Oriented Business License. Failure to comply with each and all of applicable requirements shall be grounds for revocation of the Sexually Oriented Business License issued pursuant to this Chapter. The following requirements shall be included in the approval of all Sexually Oriented Businesses: If a Sexually Oriented Business is owned by a corporation, parmership, limited liability company or parmership, or other business entity, then each person owning or having control of ten percent (10%) or more of the entity shall also obtain a Sexually Oriented Business License. Such persons may apply for the Sexually Oriented Business License on the same application and application process as the entity which will own the Sexually Oriented Business. P: \NAASEHS \ADULT. CA 8/17/98 klb 17 No Sexually Oriented Business License shall be sold, transferred, or assigned by any License holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such License, and such License shall be thereafter null and void. A Sexually Oriented Business License held by an individual in a corporation or parmership is subject to the same rules of transferability as contained above. Do Any change in the nature or composition of the Sexually Oriented Business from one type of Sexually Oriented Business use to another type of Sexually Oriented Business use shall also render the Sexually Oriented Business License null and void. 5.09.024 Administration of Sexually Oriented Business License. Application For Sexually Oriented Business License. Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the Finance Department. Such application shall contain: 1. The name and permanent address of Applicant. The name and business address of the Applicant. If the Applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the Applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than ten percent (10%) of the stock of the corporation. If the Applicant is a partnership, limited liability company or limited liability parmership, the application shall show the name and residence address of each of the members, including limited partners with a ten percent (10%) or more interest; o A detailed description of the manner of providing any proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; 4. Proposed hours of operation; The name or names of the person or persons having the management or supervision of Applicant's business and of any entertainment; A statement of the nature and character of Applicant's business if any, to be carried on in conjunction with such entertainment; and o Whether the Applicant or any of the other Owners of the Sexually Oriented Business has had a previous permit under this Ordinance or other similar ordinances from this City or another city or county denied, suspended or revoked, including the name and location of the Sexually Oriented Business for which the permit was denied, P: \NAASEHS\ADULT. CA 8/17/98 klb 1 8 suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the Applicant or any other individuals listed pursuant to this Section has been a parmer in a parmership or an officer, director or principal stockholder of a corporation that has permitted under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the Sexually Oriented Business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. Whether the Applicant or any other Owner holds any other permits and/or licenses for a Sexually Oriented Business from another city or county, and if so the names and locations of such other permitted businesses. If a person who wishes to operate a Sexually Oriented Business is an individual, he/she must sign the application for a permit as Applicant. If a person who wishes to operate a Sexually Oriented Business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as an Applicant. If a corporation is listed as Owner of a Sexually Oriented Business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as an Applicant. 10. Each application shall be accompanied by a non-refundable fee for filing or renewal in an amount determined by resolution of the City Council, which will be used to defray the costs of investigation, inspection and processing of such application. Investigation. Upon receipt of a Sexually Oriented Business License application by the City Finance Department and upon payment of the non-refundable application fee: The City Finance Department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Police Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Sexually Oriented Business License in accordance with its responsibilities under law and as set forth in this Chapter. The investigation shall be completed within twenty-five (25) days of receipt of the application by the City Finance Department. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. o A department or agency shall disapprove an application if it finds that the proposed Sexually Oriented Business will be in violation of any provision of any statute, code, Ordinance, regulation or other law in effect in the City. P: ~NAASEHS~ADLrLT. CA 8/17/98 klb 19 Co Decision By Director of Finance on Application For Sexually Oriented Business License. The Director of Finance or designee shall grant or deny an application for a License within forty-five (45) calendar days from the date of its proper filing. Upon the expiration of the forty-fifth (45th) day, unless the Applicant requests and is granted a reasonable extension of time, the Applicant shall be permitted to begin operating the business for which the License is sought, unless and until the Director of Finance notifies the Applicant of a denial of the application and states the reason (s) for that denial. Grant of Application For Sexually Oriented Business License. The Director of Finance shall grant the application unless one or more of the reasons set forth in Section 5.09.024 E. (Denial of Application for License) below is present. The License, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Sexually Oriented Business. The permit shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it can be easily read at any time. Denial of Application of Sexually Oriented Business License. If the Director of Finance denies the application, he/she shall notify the Applicant of the denial in writing and state the reason(s) for the denial. If a person applies for a License for a particular location within a period of twelve (12) months from the date of denial of a previous application for a License at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. The Director of Finance shall deny the application for any of the following reasons: The Applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Police Department, Fire Department or other department of the City; The Applicant has had any type of Sexually Oriented Business License revoked by any public entity within two (2) years of the date of the application; The Applicant, manager or any agent or employee of the Sexually Oriented Business has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of a Sexually Oriented Business, whether or not the conviction is in Califomia, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5,264.1,266, 266a through 266k, inclusive, 267, 286, 286.5,288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed; P: \NAASEI-IS ~ADULT. CA 8/17/98 klb 20 4. The Applicant is under eighteen (18) years of age; 5. The required application fees have not been paid; or Inspection. An Applicant or Licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Community Development Department, or other City Departments or Agencies to inspect the premises of a Sexually Oriented Business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates a Sexually Oriented Business, or his or her agent or employee, is in violation of the provisions of this Section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. Renewal. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the License shall not be affected. In addition to the provisions set forth in Chapter 5.04.160 of the Temecula Municipal Code for a renewal of applications, all proposed changes since the filing of the initial application shall be specified in the renewal application. Denial of Renewal of Business Licenses. If the Director of Finance denies renewal of the License, the Applicant shall not be issued a License for one (1) year from the date of denial. If, subsequent to denial, the Director of Finance finds that the basis for denial of the renewal of the License has been corrected, the Applicant shall be granted a License if at least ninety (90) days have elapsed since the date denial became final. Revocation of Sexually Oriented Business License. After an investigation, notice and hearing, the Director of Finance shall revoke an existing Sexually Oriented Business License, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the City of Temecula; The Licensec, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Police or other department of the City; 0 The Licensee has had any type of Sexually Oriented Business License revoked by any public entity within three (3) years of the date the license was issued; There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating; P:\NAASEHS\ADULT.CA 8/17/98 klb 21 The Licensec is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of a Sexually Oriented Business, whether or not the conviction is in California, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.S, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647 whether or not the conviction is being appealed; If, on one (1) or more occasions within a twelve (12) month period, a person or persous has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (5) above, which offense has occurred as a result of or has originated from such persons' activity on the premises or property on which the Sexually Oriented Business is located, and the person or persons were employees, contractors or agents of the Sexually Oriented Business at the time the offenses were committed; If the Licensec or any employee of the Licensec has knowingly allowed prostitution, or solicitation for prostitution, on the premises; The Sexually Oriented Business has operated in violation of any of the requirements of this Chapter and, If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Licensec, or If the violation is of a noncontinuous nature two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to Licensee within any twelve (12) month period; 9. That the subject Sexually Oriented Business has employed minors; or 10. That the Conditional Use Permit for the use has been suspended or revoked. 11. Applicants for a License under this Section shall have a continuing duty during the term of the license to promptly supplement application information required by this Section in the event that the information changes in any way from what is stated on the application. The failure to comply with the continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director of Finance or his/her designee, shall be grounds for revocation of a License. P: ~NAASE~S \ADULT. CA 8/17/98 klb 22 Hearing on Revocation of Sexually Oriented Business License. Upon determining that grounds for license revocation exist, the Director of Finance shall furnish written notice of the proposed revocation to the Licensec. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the Licensec may request a hearing within fifteen (15) calendar days of the postmarked date on the notice which shall be delivered both by posting the notice at the location of the Sexually Oriented Business and by sending the notice by certified mail, postage prepaid, addressed to the Licensec as that name and address as appears on the License. It is the Licensee's responsibility pursuant to Section 5.09.024 to notify the City of any changes in address of the Licensee during the time the permit is in effect. Within fifteen (15) calendar days after the later of the mailing or posting of the notice the Licensee may file a request for hearing with the Director. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Director shall transmit the request to the Planning Commission, and the hearing shall be provided. Upon receipt of a written request for a heating, the Planning Commission shall conduct a heating. The Planning Commission shall conduct a hearing within thirty (30) calendar days of the filing of such request by the Licensee. Notice of time and place of the heating shall be given to the Licensec by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public heating. At the heating, the Licensec and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission. At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director of Finance. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director of Finance regarding whether the License is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the Licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section 5.09.024 I. of this Chapter, the Director of Finance, based upon the report of the Planning Commission or, if no hearing was requested by the Licensee, based upon the report of the City staff, shall immediately revoke the Sexually Oriented Business License. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 5.09.020.A. The decision of the City Council upon appeal, or the decision of the Planning Commission in the absence of a timely appeal, shall be final and conclusive. No application for a Sexually Oriented Business License shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which a P:~NAASEHS\ADULT.CA 8/17/98 klb 2 3 Sexually Oriented Business License has been revoked within the preceding three (3) year period. 5.09.026 Sexually Oriented Business Employee Permit Required. Each Employee of a Sexually Oriented Business or an independent contractor working at a Sexually Oriented Business three or more times during a thirty (30) day period shall obtain a Sexually Oriented Business Employee Permit issued by the Police Chief. Each person requesting a Sexually Oriented Business Employee Permit shall submit a verified application on a form provided by the Police Department which shall contain the name and permanent address of the applicant, the name and address of the location where the applicant will work, a statement as to whether the applicant is over the age of eighteen, and such other information as the Police Chief requires in order to decide whether the permit can be granted. B. The Police Chief shall grant the license unless he or she finds: 1. The Applicant is under the age of eighteen; The Applicant has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of a Sexually Oriented Business, whether or not the conviction is in California, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5,264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed. The Sexually Oriented Business at which the Applicant proposes to work is not properly permitted or licensed within the City of Temecula; or The Applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or any document required to be filed with the Police Department. Within two (2) business days of an application being filed and determined complete by the Police Chief, the Police Chief shall approve or deny a Temporary Sexually Oriented Business Employee Permit for the Applicant. If a Temporary Sexually Oriented Business Employee Permit is approved it shall be in effect for a maximum of forty five (45) days or until such time as a permanent permit is issued. If the Temporary Sexually Oriented Business Employee Permit or the Permanent Sexually Oriented Business Employee Permit is denied, the Police Chief shall notify the Applicant in writing and shall state the reasons for the denial. P: \NAASEFIS\ADULT. CA 8/17/98 klb 24 The permanent Sexually Oriented Business Employee Permit shall be valid for a period of one (1) year. The Applicant who has been issued Sexually Oriented Business Employee Permit shall have a continuing duty to report to the Police Chief any change in the facts disclosed in the initial application. 5.09.028. Sale/Servin~ of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age. It is unlawful to sell, serve or permit the consumption of alcohol or controlled substances in a structure occupied by a Sexually Oriented Business. It is unlawful for any person under the age of eighteen (18) years or any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of a Sexually Oriented Business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Sexually Oriented Business. It is unlawful for any person having responsibility for the operation of a Sexually Oriented Business, to allow any person under the age of eighteen (18) years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of a Sexually Oriented Business has knowledge that the person is under the age of eighteen (18) years; or to allow any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of the business. For the purposes of this Section, the Licensee of a Sexually Oriented Business License, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. As used in this Section "controlled substance" means those substances defined and described in Health and Safety Code Section 11007 as it now exists or may be subsequently amended or renumbered. 5.09.030 Re~,ulations Nonexclusive. The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of Sexually Oriented Businesses as adopted by the City Council of the City of Temecula. 5.09.032 Violations/Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such P: \NAASEHS\ADULT. CA 8/17/98 klb 2 5 fine and imprisonment. Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. 5.09.034 Public Nuisance. In addition to the penalties set forth at Section 5.09.032 above, any Sexually Oriented Business which is operating in violation of this Chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation." Section 3. Chapter 5.08 of the Temecula Municipal Code is hereby repealed. Section 4. Table 17.03.010 in Section 17.03.010 of the Temecula Development Code is hereby revised to read, in words and figures, as follows: P:\NAASEHS\ADULT.CA 8/17/98 klb 2 6 TABLE 17.03.010 PLANNLNG AND ZONING APPROVAL AUTHORITY Approval Admin. ** Planning City Council Approval Community Commission Developmgnt Director Conditional Use Permits-All Sexually Oriented Businesses X Section 5. Section 17.08.020 of the Temecula Development Code is hereby revised to add subsection (H) thereto, to read as follows: "Sexually Oriented Business Overlay Zone (ABO). It is the intent of the Sexually Oriented Business Overlay Zone to designate areas that Sexually Oriented Businesses may be considered provided that they meet the provisions of Chapter 5.09 of the Temecula Municipal Code. This area is generally away from residential uses and is primarily located within the commercial districts." Section 6. Subsection "A" of Table 17.08.030 of Section 17.08.030 of the Temecula Development Code, is amended to read as follows: Table 17.08.030 Schedule. of permitted Uses Commereial/Omee/ladusirial Districts Sexually Oriented Businesses-subject to Chapter 5.09 of the Temecula Municipal Coden C C C 4. Only Within Sexually Oriented Business Overlay Zone Section 7. The City of Temecula Zoning Map is amended to add a Sexually Oriented Business Overlay Zone, as shown on Exhibit A, attached hereto and incorporated herein by this reference. P: \NAASEHS\ADULT. CA 8/17/98 klb 2 7 EXHIBIT A SEXUALLY ORIENTED BUSIESSES OVERLAY ZONE ,.( ABO ) SP ABO ) · (, ABO A00 ) Section 8. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temecula hereby declares that it would have passed and adopted this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of the provisions may be declared to be invalid. Section 9. The City Clerk shall certify to the passage of this Ordinance as an urgency Ordinance and shall cause the same to be published as required by law. P: \NAASEHS\ADULT. CA 8/17/98 klb 2 8 PASSED, APPROVED, AND ADOPTED this _th day of ,1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, City Clerk, CMC [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 the foregoing Ordinance No. 98-__, was duly adopted and passed at a regular meeting of the City Council on ,1998, by the following vote AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, City Clerk, CMC P:\NAASEHS\ADULT.CA 8/17/98 klb 2 9 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT 4- STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 19.98 Planning Application No. PA97-0293 Zoning Regulation and Licensing of Sexually Oriented Businesses Prepared By: Saied Naaseh 04'I 1A/,4L RECOMMENDATION: The Community Development Department Staff r,ecommends the Planning Commission: ADOPT Resolution No. 98- based upon the Analysis and Findings contained in the Staff Report BACKGROUND On October 22, 1996, November 12, 1996, and September 9, 1997 the City Council adopted Urgency Ordinances imposing interim standards for Sexually Oriented Businesses. These interim Ordinances were not adopted in response to requests from a sexually oriented business requesting to locate in the City. In fact, they were adopted to clearly identify the areas that these businesses can locate to and the standards that they must comply with in order to obtain approval from the City for their operat;on. To date the City has not received any requests for a sexually oriented business. The interim standards will expire on October 15, 1998. Therefore, there is a need to adopt the City's permanent regulations for these businesses. The proposed Ordinance is different from the Interim Ordinance in two major ways. The first is that these businesses will be permitted in an overlay zone as opposed to all the parcels within the Community Commercial and Service Commercial zones. This overlay zone generally covers all commercially designated zoning districts between 1-15 and the Murrieta Creek north of Rancho California Road to the City Limits. In addition, some commercially designated parcels along Winchester Road and Ynez Road intersections have been included (refer to Attachment 2). The second difference is that the distance requirements between these businesses and sensitive uses, and from each other, have been eliminated. This deletion is due to recent court cases that imply that these restrictions, over time, will reduce the opportunity for these businesses to conduct their business and would impact their First Amendment rights for free speech. DISCUSSION After a careful review of the land use patterns in the City and review of legal matters, staff is proposing to create an overlay zone which permits Sexually Oriented Businesses with a Conditional Use Permit. This overlay zone is appropriate for these businesses since it gives them abundant opportunities to co-exist with other commercial activities. The overlay zone P:~NAASEHS~ADULT.CC 7/8/98 sn 1 includes 290 parcels. The whole City includes 17,370 parcels with 613 commercial parcels and 440 industrial parcels. Therefore, sexually oriented businesses can locate on over 47 percent of all commercially zoned parcels within the City. Areview of the City'sbase map indicates that most of these parcels have adequate access. In addition, these uses will, for the most part, be separated from residential areas. The freeway acts as a physical barrier between residential uses and the potential location of these uses. The remainder of the overlay zone is the northeast and southeast corners of Ynez and Winchester Roads. The northeast side is physically separate from the residential area and the southeast side includes a small area that abuts a residential area but which is physically separated by Margarita Road. The attached Ordinance ensures potentially available sites for sexually oriented businesses, requires approval of a Conditional Use Permit by the Planning Commission to ensure compliance with the standards of this ordinance. It further protects the residents of the City from secondary impacts of these businesses. FINDINGS The Planning Commission in adopting this Ordinance takes legislative notice o'f the existence and content of the following studies that describe and substantiate the adverse, secondary effects of sexually oriented businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, California: Phoenix, Arizona: St. Paul, Minnesota: Garden Grove, California Upland, California 1986 1984 1977 1979 1989 1991 1992 Based on the foregoing studies and the other written and oral evidence presented to the Planning Commission of the City of Temecula finds that: Sexually oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, bo Both the proximity of sexually oriented businesses to sensitive land uses and the concentration of sexually oriented businesses tend to result in the blighting and downgrading of the property located within areas in which they are located. The studies conducted in the identified communities referenced above demonstrate that the proximity and concentration of sexually oriented businesses adjacent to residential, recreational, religious, educational, or other sexually oriented businesses can cause other businesses and residents to move elsewhere; the same effect is believed to be applicable in this City in light of the circumstances present in our community. The studies conducted in various communities referenced above have demonstrated that sexually oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them; the same effect is P:~lqAASEHS~ADULT. CC 7/8/9g sn 2 believed to be applicable in this City in light of the circumstances present in our community. The special regulation of sexually oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that sexually oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas and the subject property. It is the purpose and intent of these regulations to direct the location of sexually oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of sexually oriented businesses is necessary. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between sexually oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other sexually oriented businesses. In the preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other sexually oriented businesses into consideration and has endeavored to minimize the effect that sexually oriented businesses have upon those sensitive areas and upon the community in general. The need to regulate the proximity of sexually oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other sexually oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: ao Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. P:~,IAASEHS'u~tDULT. CC ?/8/~)8 sn ~ 10. In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple sexually oriented businesses in order to mitigate the compounded concentrations as described above. 11. In adopting the regulations set nut in this Chapter, it is recognized that locating sexually oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. 12. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. 13. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of sexually oriented businesses in order to protect the health and well-being of its citizens. 14. The Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to: Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 L. Ed 2d 504 (June 21, 1991). 15. The Planning Commission has determined that Iocational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements regarding the ownership and operation of sexually oriented businesses are in the public interest. 16. The Planning Commission desires to protect the rights conferred by the United States Constitution. As such, the Council hereby legislates in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies, case law and other testimony have shown as associated with the development and operation of sexually oriented businesses. 17. It is not the intent of the Planning Commission under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State of California obscenity statutes against such illegal activities in Temecula. 18. It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral Ordinance which addresses the adverse P:~IA.ASEHSXA.DULT.CC 7/8/98 an 4 19. 20. 21. 22. 23. 24. secondary effects of sexually oriented businesses only as to premissable time, place and manner factors. The provisions of this Ordinance would have no effect on the environment and is therefore exempt from requirements of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061 (b)(3). This section indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the provisions of CEQA. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 had a term of forty five (45) days from its adoption. On November 12, 1996, the City Council approved Ordinance No. 96-20 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS" implements the above provisions and was intended to extend the moratorium adopted by Ordinance No. 96-18 and adopted the interim sexually oriented business regulations for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. On September 9, 1997, the City Council approved Ordinance No. 97-15 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 97-15 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has an expiration date of October 15, 1998. The Planning Department has reviewed the interim regulations and studied revisions of them for the permanent regulations. This study included the sites available for sexually oriented businesses under the existing Zoning Ordinance and interim regulations to determine whether such locations continue to be appropriate for sexually oriented businesses and whether other locations would be appropriate, the potential concentration of sexually oriented businesses, and their location to other existing and future sensitive land uses. The Planning Commission finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with the zoning Ordinance for P:XNAASEHS~DULT.CC 7/8/98 sn 5 the location of sexually oriented businesses. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of sexually oriented businesses in the City of Temecula. It is recognized that sexually oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not properly regulated. It is therefore the purpose of this Ordinance to establish criteria and standards for the estab. lishment and conduct of sexually oriented businesses which will protect the public health, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of sexually oriented businesses, and maintain local property values. Uses prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. Attachments: 1. PC Resolution No. 98- - Blue Page 7 Exhibit A. Exhibit B. City Council Ordinance No. 98-__- Blue Page 14 Sexually Oriented Business Overlay Zone (ABO) - Blue Page 44 2. Relevant Information Regarding Sexually Oriented Businesses - Blue Page 45 P:'~IAASEHS~DULT. CC 7/8/98 ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES In response to Commissioner Naggar, Mr. Wayne Phelps, 27574 Commerce Cent~ a¢ vised that neither the private office nor the basement would be leased out :1, v¢ d no objection to the imposition of a condition prohibiting the lease of the and/or nt. With regard to landscaping on the southern elevation, Mr. Ph, voiced no ob the planting of larger and/or additional trees in order to miti¢ appearance of this ex wall. Both Naggar and Chairwoman Slaven commended the , .~,~a job well done. '...,':.~' 1 ~.. '. ' ~ With regard to landsca on the southern elevation, Webster sugge,~t')eed to retain the 15 gallon trees ;uggested that two or three ad~ trees be planted along the southern elevation of the ~g. Planning Manager Ubnoske landscaping along the southern that the concern with regard to would b ;layed to the landscape architect. It was the consensus of the Commi., approval of the increased FAR. with staff's findings with regard to the Commissioner Naggar moved to close ring and to adopt the Negative Declaration for Planning Application No. PA98- and the Mitigation Monitoring Program for Planning Application No. PA98-0 and adopt lution No. 98-026 approving Planning Application No. PA98-0154 base port the Analysis ~dings contained in the Staff Report and subject to the Condition Approval with the on that additional landscaping be provided along the south~ elevation of the building to mitigate the massive appearance of this expan., wall. RESOLUTION NO. PC 98-026 A RES( OF THE PLANNING COMMISSION OF THE CITY APPR(: G PLANNING APPLICATION NO. PA98-0154 THE CONSTRUCTION AND OPERATION OF A 14,703 B ING ON ONE ACRE, LOCATED ON THE EAST SIDE OF OF SOLANA WAY, IN THE YNEZ CENTER COMMERCIAL KNOWN AS ASSESSOR'S PARCEL NO. 921-750-012 TEMECULA iNT PLAN), ]E FOOT motion was seconded by Commissioner Webster and voice vote reflected ~pproval with the exception of Commissioners Guerriero and Soltysiak who were 6. Planning Application NO. PA97-0293 (Sexually Oriented businesses Ordinance) Request an ordinance providing for the zoning regulation and licensing of sexually oriented businesses and making findings in connection with the need for such regulations. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the reque..st. Planning Manager Ubnoske reviewed the staff report (of record), briefly hig,,hlighting the changes being proposed to the existing interim Ordinance: .?': to allow adult businesses in an Overlay Zone permitting such u.,se's?in Commercial Zones; the permissibility of such uses is legally impof~a'~to ensure the defensibility of this Ordinance; ~;j to eliminate the distance requirement between such uses and other sensitive uses. In response to Commissioner Webster who requested that the term tingerie be more specifically defined, Attorney Curley noted the difficulty in providing a specific definition and as well commented on the landscaping requirement for such uses. Mr. Curley noted that the City is required to provide a reasonable number of alternate sites within the community for First Amendment expression to be conducted upon; that the crafting of the Overlay Zone was believed to include enough of the buffering from the secondary issues as a result of such uses from the residential areas or other areas; that the proposed Ordinance attempts to provide the greatest degree of Constitutional privilege, as required by the Courts, without going beyond that, and that the proposed Ordinance is solid in its foundation and, therefore, would be fully defensible and would preclude the possibility of an open door policy. Relaying his objection to permitting such uses near schools, Commissioner Webster suggested to delete and add the following properties from the Overlay Zones: delete the property northeast of Winchester Road and Margarita Road (Ralph's Center); delete the entire Mall property; add the Service Commercial area between the freeway and Ynez Road and Rancho California Road and the Guidant property. Attorney Curley noted that adult business uses would be permissible in the Overlay Zone but clarified that such uses would not be mandated. At this time, Chairwoman Slaven opened the public hearing. Since minors will be frequenting the Mall without parental supervision, Chairwoman Slaven relayed her objection to including the mall property in the Overlay Zone. Mr. Wayne Hall, 42131 Agena Street, relayed his strong opposition to any pornography-type related business within City limits; viewed such uses as a blight to the City; noted that the City is a family town and such uses should not be permitted; and commended the Planning Commission and Planning Department staff on their efforts associated with this issue. In response to comments made by Mr. Leon Segal, 28924 Front Street, A~torney Curley noted that although the City may not content regulate, the City may reg.u.!at.e the secondary effects of such uses and that licensing requirements for sexually oriented:businesses (retail) differ from those for a live-entertainment busines~ -:"'" Concurring with the deletion of Winchester Road and Margarita Road as well as tl~.e entire Mall property from the Overlay Zone, Chairwoman Slaven suggested that the City Council consider other opportunities and utilize the freeway as a natural barrier for such uses. MOTION: Commissioner Webster moved to close the public hearing and to adopt Resolution No. 98-027 based upon the Analysis and Findings contained in the Staff Report. RESOLUTION NO. PC 98-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES The motion was seconded by Commissioner Naggar and voice vote reflected unanimous approval with the exception of Commissioners Guerriero and Soltysiak who were absent. $ MANAGER'S REPORT In re., :o a previously noted concern by Chairwoman Slaven, Planning Manag~ advised Redhawk and Vail Ranch area is currently and will continue t, a serviced by Fire Station after the annexation. Ms. Ubnoske noted that of Services indicates sufficient to accommodate the annexation but tha building continues and density increases, of a new Fire Station within the of the annexation v/ill be required. COMMISSIONER REPORTS No additional comments. ADJOURNMENT At 7:28 Chairwoman Slaven for Commission at 6:00 P.M. adjourned this meeting to the August 5, 1 nning Mar Chairwoman Debbie Ubnoske, Planning Manager ATTACHMENT NO. 4 RELEVANT INFORMATION REGARDING SEXUALLY ORIENTED BUSINESSES UNDER SEPARATE COVER ATTACHMENT NO. 5 INITIAL STUDY 7 CITY OF TEMECULA Environmental Checklist 4. 5. 6. 7. 8. o Project Title: Lead Agency Name and Address: Contact Person and Phone Number: Project Location: General Plan Designation: Zoning: Description of Project: Adoption of Zoning Regulations and Licensing of Sexually Oriented Businesses City of Temecula P.O. Box 9033 Temecula, CA 92590 Saied Naaseh, Associate Planner (909) 694-6400 City-wide Project Sponsors Name and Address:Same as No. 2 Multiple designations Multiple designations Adoption of Zoning Regulations and Licensing of Sexually Oriented Businesses Surrounding Land Uses and Setting: N/A Other public agencies whose approval is required: None P:'qqAASEHS'~297PA98.PC 1 .doc 1 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. [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Noise [ ] Geologic Problems [ ] Public Services [ ] Water [ ] Utilities and Service Systems [ ] Air Quality [ ] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ ] Energy and Mineral Resources [ ] Mandatory Findings of Significance [X] None DETERMINATION On the basis of this initial evaluation, I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared. Signature Date Printed Name P:XNAASEHS~297PA98.PC 1.doc 2 ISSUES AND SUPPORTING INFORMATION SOURCES LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan designation or zoning? b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c. Be incompatible with existing land use in the vicinity? d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? e. Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? 2. POPULATION AND HOUSING. Would be proposal: a. Cumulatively exceed official regional or local population projects? b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? c. Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a. Fault rupture? b. Seismic ground shaking? c. Seismic ground failure, including liquefaction? d. Seiche, tsunami, or volcanic hazard? e. Landslides or mudflows? f. Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? g. Subsidence of the land? h. Expansive soils? i. Unique geologic or physical features? 4. WATER. Would the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and mount of surface ranoff?. b. Exposure of people or property to water related hazards such as flooding? c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d. Changes in the amount of surface water in any water body7 e. Changes in currents, or the course or direction of water movements? f. Change in the quantity 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? Potentially Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [l [l [1 [] Potentially Significant Unless Mitigation Incorporated [1 [1 [1 [] [] [] [] [] [] [] [1 [1 [] [] [] [] [] [] [l [] [] [] [] Less Than Significant Impact [] [1 [1 [] [] [] [] [] [] [] [] [] [] [] [] [1 [1 [] [l [] [1 [] [] No Impact [x] [xl IX] [x] ix] IX] [x] [x] ix] ix] IX] IX] [x] [x] IX] IX] IX] IX] IX] [x] IX] IX] ix] P:\NAASEHS~297PA98.PC 1 .doc 3 ISSUES AND SUPPORTING INFORMATION SOURCES g. Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d. Create objectionable odors? 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: g. a. Increase vehicle trips or traffic congestion? b. Hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses)? c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? e. Hazards or barriers for pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? b. Locally designated species (e.g. heritage trees)? c. Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d. Wetland habitat (e.g. marsh, riparian and vernal pool)? e. Wildlife dispersal or migration corridors? ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewal resources in a wasteful and inefficient manner? c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Potentially Significant Impact [1 [] [] [] [1 [] [1 [] [1 [] [1 [] [] [] [] [] [] [] [] [1 [] [] Potentially Significant Unless Mitigation Incorporated [] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [1 [] Less Than Significant Impact [] [] [] [] [] [] [1 [] [] [] [1 [] [] [] [] [1 [] [] [] [] [] [] No Impact [x] [x] ix] [x] ix] IX] IX] ix] IX] [x] IX] IX] IX] [x] [x] IX] IX] IX] IX] ix] [x] IX] P:\NAASEHS~297PA98.PC 1 .doe 4 ISSUES AND SUPPORTING INFORMATION SOURCES 9. HAZARDS. Would the proposal involve: 10. a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? b. Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? d. Exposure of people to existing sources of potential health hazards? e. Increase f'tre hazard in areas with flammable brush, grass, or trees? NOISE. Would the proposal result in: a. Increase in existing noise levels? b. Exposure of people to severe noise levels? 11. 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: Fire protection? Police protection? Schools? Maintenance of public facilities, including roads? Other governmental services? 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Local or regional water treatment or distribution facilities? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste disposal? g. Local or regional water supplies? 13. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aesthetic effect? c. Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? b. Disturb archaeological resources? c. Affect historical resources? d. Have the potential to cause a physical change which would affect unique ethnic cultural values? P:~NAASEHS'C297PA98.PC l.dog 5 Potentially Significant Impact [] [] [] [1 [1 [1 [] [] [] [] [1 [] [] [] [1 [] [] [] [1 [1 [] [] [] [] [1 [] Potentially Significant Unless Mitigation Incorporated [] [] [1 [1 [] [] [] [] [] [] [] [1 [l [1 [] [] [1 [1 [] [] [] [] [1 [1 [] [] Less Than Significant Impact [1 [] [1 [] [] [] [1 [] [] [1 [1 [] [] [] [l [l [1 [] [1 [1 [] [] [] [] [] [] No Impact ix] ix] [x] [xl ix] [x] [x] [x] IX] [x] [x] ix] IX] [x] [x] [x] [x] [xl ix] ix] ix] [x] ix] [x] IX] [x] ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact e. Restrict existing religious or sacred uses within the potential impact area? [ ] [ ] [ ] [x] 15. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? b. Affect existing recreational opportunities? [ ] [ ] [ ] [x] [ ] [ ] [ ] ix] 16. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? [ ] [ ] [ ] IX] b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? [ ] [ ] [] IX] Does the project have impacts that area individually 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). [ ] [ ] [ ] ix] Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [ ] [ ] [ ] [x] 17. EARLIER ANALYSES. None. DISCUSSION OF THE ENVIRONMENTAL IMPACTS The overlay zone overlaps the existing commercial zones; therefore, no additional environmental impacts are associated with the adoption of the overlay zone. In addition, the ordinance sets standards for adult businesses t make tem more compatible with their surrounding uses; therefore, no additional environmental impacts are anticipated with the adoption of the new standards. The proposed Ordinance will not have an impact to the environment in the following areas: Land Use and Planning, Population and Housing, Geologic Problems, Water Air Quality, Transportation/Circulation, Biological Resources, Energy and Mineral Resources, Hazards, Noise, Public Services, Utilities and Service Systems, Aesthetics, Cultural Resources and Recreation. No mitigation measures will be required. P:hNAASEHS~97PA98.PC l.doe 6 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: City ManagedCity Council Gary Thornhill, Community Development Directo ~r-~ August 25, 1998 Sexually Oriented Businesses, Item Number 16 The City Attorney has recommended revising the following sections based on new information that has just become available to him: 1. In Section 1 .C.(1 ) add "New York 1994" to the list of studies of the affects of adult businesses. 2. Revise Section 1 .C.(3) to read as follows: "(3) The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to residential, recreational, religious, educational, or other adult-oriented businesses can cause other businesses and residents to move elsewhere if the adult-oriented businesses are not propedy regulated to prevent or reduce these secondary land use effects. It is the intent of the regulations set forth in this Ordinance to reduce these secondary land use affects of adult businesses." Revise Section 1 .C.(10) to read as follows: "(10) The secondary land use effects of adult-oriented or sexually- oriented businesses described above can also be reduced if the businesses are located in shopping centers which will provide for maintenance, parking, security, and other operational matters so as to enhance the compatibility of adult-oriented or sexually- odented business with neighboring businesses and sensitive land uses." 4. Modify the ordinance certification to read as follows: "Section ~ 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. of PASSED, APPROVED AND ADOPTED this ,1998. day RONALD ROBERTS Mayor ATTEST: Susan Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 98- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ~ day of ,1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ~ day of , 1998 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan Jones CITY CLERK APPROVED AS TO FORM: Peter M. Thorson City Attorney ITEM 17 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCe' CITY MANAGER .,~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager August 25, 1998 Murrieta Creek Project Committee Membership RECOMMENDATION: That one member of the City Council be appointed to serve on the Murrieta Creek Project Committee. BACKGROUND: Supervisor Bob Buster has proposed forming a committee of local representatives to meet with himself, Riverside County Flood Control District Staff and the Army Corp of Engineers to discuss issues relating to the Murrieta Creek. The Army Corp of Engineers has recently begun their feasibility study on this Muraleta project. Supervisor Buster is proposing a committee comprised of five members including a Councilmember from Temecula and Murrieta, and two members of the public, and himself. In addition to following the Corps progress, the committee would also coordinate local efforts, build support and identify the additional funding sources necessary to build the project. The first meeting is proposed for mid September and Supervisor Buster would appreciate the name of our designee by the end of August or sooner. FISCAL IMPACT: None. ATTACHMENT: Letter from Supervisor Buster Rc~YATESG~EPORTS%STAFF~rnu rfieta creek committee.doe RIVERSIDE OFFICE: 4080 Lemon Street, 14th Floor P.O. Box 1527 Riverside, CA 92502-1527 (909) 955-1010 Fax (909) 955-1019 David P. Stahovich July 28, 1998 SUPERVISOR Boa BUSTER FIRST DISTRICT TEMECULMMURRIETA OFF1CE: 41002 County Center Drive, Suite 205 Temecula, CA 92591 ~909) 694-5150 Fax (909) 694-5190 Jane Bouchard Wendy Kolk Mayor Ron Roberts City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Dear Mayor Roberts:/~~ ) Council R. Bradley J. Kicak As you know, the progress of the Murrieta Creek project, which promises permanent flood protection through central portions of your city, has entered a critical stage as the Corps of Engineers commences their feasibility study. Depending on the Corps' extensive analysis, more than half the project's costs could be federally funded. The Corps' study offers the best chance to bring local costs down to reasonable levels while maintaining the Creek project consensus design to benefit property owners, the community and the Santa Margarita Watershed. This project is a priority for my district and for the County Flood Control District, the lead agency. I want to follow it closely and help in every way possible. To better track and assist the Corps' work to a speedy and favorable result, I propose forming a committee of local representatives who would join with me and District staff to meet with Corps project staff on a regular basis. I suggest a membership of five, with myself, a council member from Temecula and Murrieta and two public members. In addition to following the Corps progress, the committee should also coordinate our local efforts, building support and identifying the additional funding sources necessary to build the project. The Corps has agreed to meet with us on a regular basis, at least quarterly. I propose that the first meeting be set in mid September. I would appreciate, therefore, your council INTERNET: district l~co.riverside.ca.us notifying me of your designee by the end of August or sooner if your meeting schedule allows. Thank you for your support and cooperation with this important project. Sincerely, Bob Buster Supervisor, 1~t District BB;jb CCi Jim Venable, Supervisor, 3rd Dist. Dave Zappe, Chief Engineer, RCFCWCD James Adams, U.S. Corps of Engineers Jeannie Gillen, Chair, Murrieta Creek Committee ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council  Joseph Kicak, Director of Public Works/City Engineer August 25, 1998 SUPPLEMENTAL REPORT FOR (ITEM 18) Award of Construction Contract for Margarita Road Storm Drain, Project No. PW97-07 RECOMMENDATION: That the City Council: Award construction contract for the Margarita Road Storm Drain, Project No. PW97-07 to Hemet Manufacturing Co., Inc. d.b.a. Genesis Construction, in the amount of $330,777.00. Authorize the City Manager to approve change orders not to exceed the contingency amount, which is 10% of the contract amount or $33,077.70. BACKGROUND: The bids for the installation of the pipe, storm drain project on Margarita (No. PW97-07) were received Thursday, August 20, 1998 at 4:00 P.M. Total of six bids was received. These were as follows: 1. Hemet Manufacturing, Inc. d.b.a. Genesis Construction 2. Bonadiman-McCain, Inc. 3. GODOT Enterprises, Inc. 4. Vasilj Inc. d.b.a. IVANKO 5. M. Ahmadi Construction & Engineering 6. Albert W. Davies, Inc. 330,777.00 421,140.50 425,635.00 479,478.50 657,950.00 896,218.94 As previously stated the engineer's estimate for construction is $425,000.00. The delivery of pipe will be timely with respect to award, and delivery of all the contract documents for this project. FISCAL IMPACT: Adequate funds are available in the approved CIP Budget, Account No. 210-165-681-5804. ~,TENIEC_F$2011DATA~DEPTS~¥~AGDRPT~8~0826~W87.O 7 SUPPLEM ENTAL.DOC/jk APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO.' FROM: DATE: SUBJECT: City Manager/City Council  JAoseph Kicak, Director of Public Works/City Engineer ugust 25, 1998 Award of Construction Contract for Margarita Road Storm Drain, Project No. PW97-07 PREPARED BY: William G. Hughes, Senior Engineer - CIP Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award construction contract for the Margarita Road Storm Drain, Project No. PW97-07 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount which is 10% of the contract amount. BACKGROUND: 1998-1999 CIP Budget as approved by the City Council provides funds for improvements of the perimeter streets of the Mall Site. Included in the Overland Drive and Margarita Road Street Improvement portion of that project are funds for the associated storm drain improvements. To expedite the project, City Council authorized the staff to proceed with these storm drain improvements and purchase the materials (pipe) for the project and award the labor portion as a separate contract. The materials (pipe) have been ordered and should be delivered in early September. This will be timely with respect to this contract for labor. The project consists of installation of 2,000 lineal feet of storm drain in Margarita Road southerly of Winchester Road and discharging it into Long Canyon Creek northerly of future Overland Drive intersection with Margarita Road. Due to the location of the proposed storm drain in the paved section of Margarita Road, temporary pavement widening in Margarita Road will be required to minimize the disruption of traffic. This widened roadway will remain in place until the reconstruction and ultimate widening of Margarita Road occurs, later this year. ~TEMEC_FS201 \DATAtD EPTS\PW~GD RPT\98\0825\PW97.07.DOClleh The bids will be open on August 20, 1998 and the results along with recommendation to award the contract will be provided to the City Council prior to the City Council meeting of August 25, 1998. Specifications provide for 30 working days to complete the project. We expect the work to be completed by late October. Engineer's cost estimate for construction is $450,000. FISCAL IMPACT: This project is a Capital Improvement Project and is funded through Capital Project Reserves, Development Impact Fees (DIF) for Street Improvements, Public Services, and Public Facilities. These funds have been appropriated in Account No. 210-165- 681-5804. ATTACHMENTS: Contract \\TEM EC_FS20 I\DATA\D EPTS'J:NV~AGDRPT\98\08215\PVV97-07 .DOC/~eh of CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-07 MARGARITA ROAD STORM DRAIN THIS CONTRACT, made and entered into the 25th day of August, 1998, by and between the City Temecula, a municipal corporation, hereinafter referred to as "CITY", and · hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1 a CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW97-07, MARGARITA ROAD STORM DRAIN, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-07, MARGARITA ROAD STORM DRAIN. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-07, MARGARITA ROAD STORM DRAIN. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:\CII~PROJECTS\I=~N97\PW97-O7\CONTRACT1 ,DOC 2 3 4 5 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW97-07 MARGARITA ROAD STORM DRAIN All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: and DOLLARS and CENTS ($ ), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed THIRTY (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6 PAYMENTS. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. CONTRACT CA-2 R:\CIF~PROJECTS\PW97\P~N97-O7\CONTRACT1 .DOC 7 In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000- $75,000 $75,000- $500,000 Over $500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 8 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 9 WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 10 PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. CONTRACT CA-3 R:\CIF~PRO JECTS\PW97\PW97-O7\CONTRACT1 .DOC 11.TIME OF THE ESSENCE. Time is of the essence in this contract. 12.INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13.GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15.CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16.NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 1 7. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18.INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 19.DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. CONTRACT CA-4 R:\CI~PROJECTS\IWV97\F~/97-O7\CONTRACT1. DOC 20. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 21 .ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22.WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Phone: By: Print or type NAME Print or type TITLE DATED: Ron Roberts, Mayor CITY OF TEMECULA By: CONTRACT CA-5 R:\CIP~PROJECTS\PW97\PW97-O7\CONTRACT1 .DOC APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-6 R:\CIP~PROJE CTS\PW97\P~N97-O7\CONTRACT1. DOC ITEM 19 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Genie Roberts, Director of Finance'~$~"v August 25, 1998 Temecula Valley Playhouse Community Service Funding Request RECOMMENDATION: That the City Council consider a $18,000 funding request from the Temecula Valley Playhouse for their community service programs. DISCUSSION: The Temecula Valley Playhouse is a not-for-profit organization established in 1983. Since that time the Playhouse has provided a high quality community theater by using numerous volunteers and community donations. This organization provides important, valuable services to all age groups in our community. Educational Services: Since 1990 the Playhouse has provided community service hours to local high school students assisting them in fulfilling their graduation requirements. Individual Improvement: Both young and old individuals improve themselves by participating in Playhouse productions while learning important academic and social skills such as: teamwork, communication, accountability, public speaking, respect, commitment and patience. These skills lead to improved self-esteem and confidence which in turn helps improve the quality of the community as individual citizens grow in a positive, proactive environment. Cultural Amenity: The Playhouse is a community theater in the Temecula Valley area that is for all ages, regardless of sex, race, or religion. The Playhouse provides a community service that offers inexpensive fun, live entertainment, presented by family members, friends and neighbors of residents of the City of Temecula. In the future, the Temecula Valley Playhouse plans to: become self sufficient; implement a marketing program to reach surrounding communities; introduce scholarship funds for the Temecula, Murrieta and Lake Elsinore school districts; obtain corporate sponsors and members to improve the shod-term revenue and volunteer suppod base. R.'WOR TONL ~AGENDAS~C SF PLAYHOUSE AGENDA DOC 08/04/97 The City of Temecula has supported the Playhouse annually through the City's Community Service Funding Program. In prior years, the Playhouse has used its funding for the replacement of sound equipment, replacement of seating, cleaning the air ducts and heating system, repair of lighting equipment, and operating expenses of the facility. The Playhouse is requesting $18,000 for FY 1998-99 for the purpose of assisting the organization with its annual operating costs associated with theater productions. The Playhouse's operating expenses for the 1998-99 season total $55,990, with ticket sales anticipated to cover only $38,880 of these costs. The Playhouse utilizes more than 200 volunteers. The 1997-98 season was very successful. Community support was strong, as evidenced by ticket sales, new memberships, community sponsorships, and increased numbers of volunteers supporting the organization. FISCAL IMPACT: $15,000 is included in the FY 1998-99 Community Support budget to fund this request. An additional appropriation of $3,000 from the General Fund Unreserved Fund Balance will be required to fund this request. Attachment: Application R.'WOR T ONDAG ENDAS~CSF PLAYHOUSE AGENDA DOC 08/04/97 CITY OF TEMECULA 1998-99 COMMUNITY SERVICES FUNDING PROGRAM APPLICATION (Please Print or Type) 1998-99 Program Submission Deadline: Friday, September 25, 1998 (7 copies required) Amount Requested: $ x/~ ~ Name of Project: TE]~CULA VALLEY PLAYHOUSE Project Start Date: JULY 1982 ORGANIZATION'S DATA: Name of Organization: Contact Name: Mailing Address: Telephone: Number of Paid Staff: PO BOX 74 909-676-0775 -0- Geographic Area(s) Served: Project End Date: CONTINUAl TEMECULA VALLEY PLAYHOUSE JULIE PITRUZZELLO TEMECULA, CA 92592 Year Founded: 1982 Number of Volunteers: TEMECULA VALLEY & SURROUNDING AREAS (Maximum allowable $5,000) 150 - 20O Is this organization incorporated in California as a non-profit organization? Yes X No If "yes": Date of incorporation as a non-profit Federal identification number State identification number Effective Date: 06/10/R,3 06/10/83 33-0008806 1144O97 *Include a copy of your statement of non-profit status from the State of California. If "no": Name of sponsoring organization Federal identification number State identification number This application has been authorized by the organization's: Executive Committee x Members-at-large Board of Directors X R:WORTONLICSF~$E99,APP. FRM 05/13/$8 AUG.-OS'98[MONJ 09:56 GALLERIA AT TYLER TEL:909 3513139 P, 002 City of Temecula Community Service Funding Program Application Financial Statements (Based on your orglnazatlon's last fiscal year) Balance Sheet as of June 30, 1998 Asset Cash and Investments 2,193 Fixed Assets 64,276 Liabilities & Investments Current Payables Notes Payable Fund Balance 0 15,950 50,519 Total Assets 66,469 Total Liabilities & Fund Balance 66,489 Income Statement for Year Ended 1998 Income Fundraising 8,701 Government Funds 15,o00 Other Sources ° 32,306 Expense Salades Operating Expense *° Community Service 0 50,463 14,121 *Ticket Sales and Donations °' Rent and Utilities AUG.-O3'98(MONI 09:57 GALLERIA AT TYLER TEL:909 3513139 P. 004 Temecula Valley Playhouse Cash Flow Report June 30. 1998 Income Ad Income City Grant Corporate Sponsor Other Income Seat Sponsor Ticket Sales Total Income Expense Ads Depreciation Insurance Utilities Concessions Dues Fundraisers Misc. Postage Production Rent Repairs Scripts Sound Supplies Telephone Theater Exp Theatre R&M Total Expense Net Income 25 15,000 225 196 8,280 32,281 56,007 835 8,768 1,615 1,862 85 70 990 1,450 121 11,515 25,539 420 88 487 1,291 1,039 8,253 155 64,584 (8,578) THE ORGANIZATION MISSION STATEMENT Application Page 3 ~ describe the goals and objectives of your organization and the major community services it provides. Include discussion on the specific ways your organization meets the City's criteria listed on page 2. *Please see attached "Mission Statement", exhibit 'A' TVP HAS CONTINUED TO PROVIDE HIGH QUALITY COMMUNITY THEATRE YEAR AFTER YEAR, ESPECIALLY AS THE COMMUNITY GROWS AND ADDITIONAL VOLUNTEERS ARE ADDED TO OUR PRD(iRAM. R: [NOR TONLiC$~9899,4 PP. FRM IFE TVP BOARD OF DIRECTORS CURRENTLY HAS 9 EXECUTIVE FEIVBEILS AJ!) HAS RECENTLY ADDFI1 4 CHAIRMANSHIP POSITIONS WITH I~IVIDUALS WHO ARE EXPERIENCED IN ~, ACCOUNTING, HUMAN RESOURCES, MARKETING, A~D NON-PROFIT ORGANIZATIONAL MANAGEt4ENT. TFE BOARD CONTINUES TO IIi~JEIqENT EFFECTIVE SY~ ~ AL'TIVITIES TO INCREASE TFE QUALITY OF OUR CRGANIZATION. ll/P ENJOYS A 'f4EIVBERSHIP" OF OVER 230 VOLUNTEERS. TVP'S '97 - '98 SEASON WAS VERY SUCCESSFUL WITH TFE ORGANIZATION EXPERIENCING RECORD NLIVBERS OF COII4JNITY SUPPORT. THIS SUPPORT WAS EVIDEItT IN TICKET SALES, AS WELL AS NEW ~fiE~BEELSHIP, COMMUNITY SPONSORSHIPS, INCREASED NLH~ER OF VOLUNTEERS IN EVERY ASPECT OF THEATRE A~D PRODUCTION. REGARDING FISCAL MANAGEI~ENT, TVP HAS HAD SUFFICIENT FISCAL MANAGEh!EIqT: HOWEVER, THE BOARD IS PLEASED TO HAVE ADDED TO THE TEaM A RETIRED CPA WITH F_XIE]qSIVE EXPERIENCE ON TFE BOARDS OF OTHER NON-PROFIT ARTS ORGN~IZATIONS (SPECIFICALLY, ~ LA JOLLA CO~Y ARTS MUSEUM A~D SAN DIEGO'S OLD GLOBE THEATRE) TVP PROVIDES NLIVBEROUS SERVICES TO TFE COMV!UNITY. SINCE 1990, TVP HAS P~VIDED ~ OPPORTUNITY FOR SllJDENTS TO FULFILL GOFt4JNITY SERVICE REQUIRE]VEIqTS, HAS PROVIDED THE OPPORTUNITY FOR I~IVIDUALS OF ALL AGES TO IMPROVE TFEMSELVES BY PARTICIPATING IN PRODUCTIONS ~ TAKING AN ACTIVE ROLE IN INTF11 ECTUAL A~D SOCIAL SKILLS, All) HAS PROVIDED ~ COlI4UNIIY WITH AN INEXPENSIVE EVENING OF FUN AbD LIVE ENTER- TAINVENT PRESENTED COLLECTIVELY BY OUR FAMILY hiEIvE)EI~S, FRIENDS, AJl) NEIGFBORS. TVP IS TFE ONLY COMiJNITY TFEATRE IN ~ VALLEY THAT IS FOR ALL ACES, REGARDLESS OF SEX, RACE, OR RELIGION AI~D )~qICH SUPPORTS TFE C. ZIVH]NITIES OF FENIFEE, SUN CITY, MURRIEFA, ELSINORE, WI~,A~D EXPERIENCED PARTICIPATION FROM RIVERSIDE, CORONA, A~D MDRENO VALLEY ~ FALLBROOK. AS A FEIVBER OF TFE INLA~D EIVPIRE THEATRE LEAGUE, OUR COIVMUNITY THEATRE HAS RECEIVED NOTED RECOGNITION VIA NUFEROUS NOMINATIONS All) AWARDS FOR OUR PEREOF~ERS/~lkD PR(~(]UCTIONS. 1HESE AWARDS HAVE ELEVATED TEIvECULA'S PRESTIGE AMDNG O]vHJNITIES ~ICH SUPPORT TFE ARTS. O5/~ 3/95 EXHIBIT A Mission Statement Temecula Valley Playhouse The Temecula Valley Playhouse is the place to be, not just a place to visit. The TVP is dedicated to the community as a non-profit, non-denominational cultural amenity by helping the individual, young and old, develop the mind, the body and the spirit. We will, through hard work and a common commitment to excellence, join these individuals together to create, motivate, educate and inspire beyond what any individual believes possible of themselves. The Temecula Valley Playhouse has continued to provide high quality community theater year after year even as the community continues to expand and additional volunteers are added to the program. TVP has added several people to the board of Directors who specialize in Management, Marketing, Advertising and Accounting with a passion for theater. The accounting methods within the Playhouse have been upgraded allowing our board to have a more active role in controlling costs. Concurrently, the Marketing, Advertising and Promotional efforts have been "stepped up" to create and implement effective strategies and activities vital to the growth of the Playhouse. 3. TVP was granted a non-profit status on July 10, 1983. 4. TVP does not discriminate based on race, color, creed, nationality, sex, marital status, disability, religion or political aff'diation. 5. TVP does not require anyone to participate in any political, religious or social activity. 6. The number of volunteers and the continued support by the Citizens and Merchants indicate a high level of support for the Playhouse. 7. & 8. Attached Financial Statement for 1996-1997 and the budget for 1997-1998. TVP through the use of public access or cable TV, radio, newspapers, mailers and flyers, encourage everyone to attend each run of a show, subject to seating capacity of 160 per show. 10. The TVP Board of Directors, which is very involved with each show, evaluates every show on what was done right and what could be improved. Evidence of this can be seen by the quality of talented performers the Playhouse continues to attract. PROJECT REQUESTING FUNDING Application Page 4 How will your organization use any funding awarded? Provide project objectives, persons served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) TVP has experienced wonderfully increased conmnity support during the past season. Ticket sales, attendance, and financial sponsorships have enjoyed an all-time high. TVP has acccmplished substantial renovation: the theatre now has real theatre seating, curtained walls, and a concession/ ticket sales booth. l~ese acccmplist~ have been attained by the support of the Comu~ity Services Funding, the support of financial donors, and the support of volunteers and ticket sales. TVP requests funding to off-set expenses projected for the coming season, as described below: in~urancP 1,740 uti 11ties 2,160 phone 540 printing 4,500 postaqe 1,450 production costs 13,000 ~f~r~or~i~ ~,2Uu ~ lighting re-patinting of lobby 500 TVHS scholarship 500 stipends 1,000 -- this figure includes rents, royalties, set construction costs for the six shows slated to be presented for the '98-'99 season -- this is for a re-condz~toned $55,990 PROJECTED A~ilAL EXPENSES. $38,880 PROJECTED A~ TICKET SALES $17,110 PROJECTED A~ DEFICIT FOR WHICH WE ARE REQUESTING FUII)ING TVP anticipates increased support of volunteers and sponsorships for the coming year. The continued interest and support frcm the City Council is greatly appreciated. TVP is proud to offer the cownunity quality performances, as well as an opportunity to be involved in a viable and productive organization. R: INOR TO NL I CSF~ 9$$9,APP. FRM 05/I 3/98 SIGNATURE PAGE Application Page 5 We hereby certify the information contained in this application is true to the best of our knowledge and belief. Preparer: AND . ..... President or JIJLIE A. PITRUZZR I 0, BOARD DIRECTOR OF TI~ECULA VALLEY PLAYHOUSE NAME AND TITLE (Please Print or Type) · PA~I DRB4, VICE PRESIDENT OF TE~CULA VALLEY PLAYHOUSE Authorized Officer: "~' ~'~~~ ' (Signature) BUTTERFIELD STAGE PLAYERS DBA: TBv~CULA VALLEY PLAYHOUSE (Organization Name) P0 BOX 74 TE~0JLA, CA 92592 (Mailing Address of Organization) 909-676-0775 (Telephone) JULY 31, 1998 (Date) BE SURE TO INCLUDF TH!= ORIGINAL PLUS 6 COPIFS (TOTAL OF 7 COPIES) AND SUBMIT TO: Mail Completed Application to: City of Temecula Community Services Funding Program Linda Norton P.O. Box 9033 Temecula, CA 92589-9033 Or Deliver in Person to: City of Temecula Linda Norton 43200 Business Park Drive Temecula, CA 92590 R: INOR TONI I CSF~$8$9,APP. FRM 05/I 3/98 Il ITEM 20 CITY DIR. CITY APPROVAL ATTORNEY OF FINANCE MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Genie Roberts, Director of Finance"/"'";~"~' DATE: August 25, 1998 SUBJECT: Arts Council of Temecula Valley Community Service Funding Request RECOMMENDATION: That the City Council review and consider the Arts Council of Temecula Valley funding request in the amount of $22,000 for their community service programs. DISCUSSION: The Arts Council of Temecula Valley is a not-for-profit organization established in 1989 for the purpose of promoting: 1. Growth of visual and performing arts in the community, 2. Individual arts and arts organizations, 3. Networking for coordination and sharing of resources, 4. Construction of facilities for the performing arts, and 5. Publicity of arts and cultural activities in Temecula Valley. This organization is comprised of more than 300 volunteers who are dedicated to providing quality arts programs in the Temecula Valley. The Arts Council meets at least twice yearly with representatives from 26 arts organizations in the Temecula Valley to determine how they can provide better service to those organizations. The Arts Council meets with an outside group of representative citizens in Temecula to conduct strategic planning sessions and to track progress in meeting previously established goals. In prior years, the Arts Council has used City funds primarily for the Concert on the Green and the Arts Festival of Temecula Valley. In 1998 an additional $10,000 was given to the Arts Council to provide grants to other arts organizations in the community. The Arts Council has submitted a 1998-99 funding request for $22,000 for the programs, which are detailed in the attached application and are outlined below: 1. Concert on the Green - $12,000 2. Temecula Valley Arts Festival - $10,000 FISCAL IMPACT: $22,000 has been appropriated in the 1998-99 Community Support budget for the Arts Council funding. Attachment: Application R:WORTONL~GENDAStCSF ARTS COUNCIL AGENDADOC 08/4/97 OF Tltlg TEMECULA VALLEY POST OFFICE BOX 2337 [] TEMECULA, CA 92593 13 909.695.2787 RECEIVED JUL FINANCE DEPT. [] FAX 909.695.9438 [] email: temarts~pe. net BOARD OF TRUSTEES ~ob AnSerson July 10, 1998 Albert and Grace Ball John and Theresa Bell Eve Craig Maryann and Tom Edwards Jo Anne Flowers Randy and Diane Holland Carol Jones Ms. Genie Roberts, Director of Finance City of Temecula 43174 Business Park Drive Temeeula, California 92590 Richard mad Barbara Keen Jon and Jill Lieberg FUNDING REQUEST FOR THE ARTS COUNCIL Jame~ and Dorothy Meyler Helen and Paul Miller Jo Moulton Angela Morris-Myers Jerry and Pat Novotney Doris and C.J. Royer Bruce Singer Janet Tosches Alan Wlnkelstetn Dear Genie, Thank you very much for your inclusion of The Arts Council of the Temecula Valley in the City of Temeeula budget. We appreciate greatly the partnership we share with the City. Enclosed please find the Budget Funding Request package required to release the $22,000.00 to the Arts Council. With the Concert on the Green approaching rapidly, and the Arts Festival successfully concluded, we would be very grateful for the release of the funds at your earliest convenience. If you need any additional information, please feel flee to call me at 909.695.2787. Thank you again for your support. BOARD CONSULTANTS Bob and Jo Blro Very truly yours, Zev and VIirim Bumnan ~~ Karen Parrott Martha N. Minklet Executive Director EXECUTIV~ DmEc'roa Martiaa N. Minider Tom Edwards, President of the Board of Trustees Jim Meyler, Treasurer BUDGET FUNDING REQUEST TO THE CITY OF TEMECULA THE ARTS COUNCIL OF TEMECULA VALLEY respectfully requests funding from the City of Temecula, in the amount of: $22,000 for the City's fiscal year commencing July 1, 1998, in order to provide services to the City, as outlined below. Our budget request for $22,000 is for the following purposes: · Concert on the Green - $12,000 · Temecula Valley Arts Festival - $10,000 Further details of this request are provided in the format requested by the City on the attached pages. Thank you for your consideration. CITY OF TEMECULA 1998-99 BUDGET FUNDING REQUEST Page 2 Amount Requested: $22,000 Project Name: Please see cover sheet Project Starting Date: July 1, 1998 Project Ending Date: June 30, 1999 ORGANIZATION'S BACKGROUND: Name of Organization: The Arts Council of Temecula Valley Mailing address: P.O. Box 2337, Temecula, CA 92593 Physical office address: 28481 Rancho California Road, Suite 104, Temecula, CA 92590 Telephone: (909) 695-ARTS Year Founded: 1989 Number of paid staff: one Number of Volunteers: several hundred Geographic area(s) served: City of Temecula and the Temecula Valley Is this organization incorporated in California as a non-profit organization? Yes If "yes": If "no": Date of incorporation as a non-profit: August 1, 1989 Federal identification number: 33-0364524 State identification number: 2465903 *Include a copy of your statement of non-profit status from the State of California Name of sponsoring organization: Not applicable Federal identification number: Not applicable State identification number: Not applicable This application has been authorized by the organization's: Executive Committee: Yes Board of Directors: Yes Members at large: Not applicable FINANCIAL STATEMENTS (Based on your organization's last fiscal year) Balance sheet as of December 31, 1997 Assets Cash and Investments $49,813.78 Receivables (detail) none Inventory none Fixed Assets 3,208.49 Other Assets none Total Assets $53,022.27 Liabilities and Investments Current payables none Notes Payable none Fund Balance $53,022.27 Total Liability & Fund Balance $53,022.27 Income Statement for the Year Ended December 31, 1997 Income Fundraiser receipts Public Support/Contributions City of Temecula Grant Admissions/Ticket Sales Other income Total income Expenses $10,420.00 Fundraiser expenses $ 5,223.78 $19,482.00 Operating Expenses $13,692.33 $22,000.00 Community Service $39,601.11 $ 5,487.00 Salaries none $ 2,337.95 Other expenses none $59,766.95 Total expenses $58,517.22 Page 2.1 Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. None required In addition, please attach the organization's most recent treasurer's report, financial statements and footnotes. Reports enclosed Your Organization's Mission: Page 3 Bdefiy describe the goals and objectives of your organization and the major community services it provides. Include discussion regarding the specific ways your organization meets the City's cdteria listed on page 2. Purposes of the Arts Council are to: · Stimulate the growth of visual and performing arts in the community · Promote and facilitate arts education · Assist individual artists and arts organizations · Create a network for coordination and sharing of resources · To encourage construction of facilities for the performing arts · To publicize arts and cultural activities in the Temecula Valley Criteria: Does the organization provide Community service excellence? More than 10,000 people attended activities sponsored by the Arts Council in 1997. Nearly $20,000 was received in voluntary donations from individuals and organizations. What is the size and makeup of the community service organization? There are 19 members on the Board of Trustees and hundreds of volunteers who contribute to the activities. The Arts Council of Temecula Valley is a volunteer organization with a paid part-time Executive Director. Co What is the public and cdtic reaction to the group? Please see "a", above. The 1998 Arts Festival produced over 1200 column inches of news print. Comments have ranged from favorable to outstanding. We are unaware of any negative press. do Does the organization have a high quality of fiscal management? Budgeting and accounting has been performed, since inception, by members of a CPA staff, although the format has not been presented with reports per AICPA criteria. The financial figures, presented on page 2 of this request, provide evidence of the quality of fiscal management. Will the organization have longevity in the City of Temecula? The Arts Council of Temecula Valley was incorporated in 1989, before the City was formed. We have been designated by the City Council as the lead arts organization for the City. Does the organization have proper authorized non-profit status? The Arts Council of Temecula Valley has been designated a 501(c)(3) Charitable non-profit organization by the IRS and a 23701d tax-exempt organization by the State of California. Is there evidence of satisfactory service provided to City's citizens? See items a, and c. above. Is the organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion or political affiliation? Yes Does the organization require attendance or participation in any political, religious or social activity? No Page 3.1 Can the organization provide financial statements (prepared using an appropriate method of accoun. ting) to demonstrate sound financial management? Yes. Statements have been provided to the City for past years. A statement is enclosed for the period from January 1 to December 31, 1997. ko Can the organization provide a budget for the fiscal year of request, demonstrating cost effectiveness? Yes. Our budget is enclosed for the calendar year ending December 31, 1998 Does the organization provide a high level of access to the services offered? Yes. Approximately 12,000 persons will attend Arts Council events this year. Does the organization possess ongoing program evaluation tools? Yes. Projects Requesting Funding Page 4 How will your organization use any funding awarded? Give the projects objectives, number of persons served, area where services are provided, and number of volunteers involved. Be specific. Note any equipment or services that the award money would purchase and why it is needed. Include a detailed budget and a schedule of significant activities related to this project. Attach a maximum of one double spaced typewritten page of information if you need to expand your answer beyond this space. Concert on the Green - $12,000 Ever since its inception, the Concert on the Green has been the most popular cultural activity held in Temecula. For the past four years, attendance has exceeded 2000 persons. Our contract with the Riverside Philharmonic will be approximately $11,800. Additional costs will cover tent and sanitation rentals, sound and advertising. This year the activity will be moved to the Temecula Sports Park, which will incur additional advertising expense. We have no income from this event. ~ ~ ~ ~ - Temecula Valley Arts Festival - $10,000 The Temecula Valley Arts Festival will soon become one of the more respected cultural activities in Southern California. This is no longer just a production of the Arts Council, but rather, it is produced by many different organizations in the Temecula Valley. ~ ~ ~ ~ '~o~ included eleven separate events produced by several organizations that are receiving support from the Arts Council. These included Fine Arts Network, Temecula Vintage Singers, Joya Dance Ensemble, Temecula Valley High School Choir, Chaparral High School Choir, Temecula Valley Art League, Temecula Ballet, Temecula Valley Film Council and the Christian Youth Theater. We averaged almost 500 persons attending each event. We received corporate and pdvate sponsorships totaling $10,000 for this Arts Festival. The net cost of this event to the Arts Council, before City sponsorship, is approximately $10,000. Project(s) Requesting Funding Page 5 We hereby certify the information contained in this application is true to the best of our knowledge and belief. Preparer: Martha Minkler, Executive Director (Signature) AND President or Authorized Officer: . , _T.l~mas Ed s.,aml"~""'~~tnt ...~ (Signature) Arts Council of Temecula Valley P.O. Box 2337 Temecula, CA 92593 Telephone - (909) 695-ARTS FAX - (909) 695-9438 Email - temarts(~.pe.net June 24, 1998 88. $8 8R88~ ~ ~.as. ~. 88 8 8 8 ~8 ~ 8 8 88 8N88~ ~R8 88 8 [8 8 8 _1 888 8 8888888888888888888888888888 8 888 8 8888888888888888888888888888 8 888 8888888888888888888888888888 ......... ~ .... ~..~..~..~..~ § 8 8888 8 8888 8888 ITEM 21 TO: FROM: DATE: SUBJECT: PREPARED BY: APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager July 28, 1998 Temecula Library Services Allie Kuhns, Senior Management Analyst~(.~- RECOMMENDATION: That the City Council discuss a possible agreement with the City of Murrieta and County of Riverside regarding the Temecula Library. BACKGROUND: As of July 1, 1998, the City of Murrieta is no longer part of the Riverside County Library System, opting to open its own library in Murrieta. In order to facilitate Murrieta's ability to provide library services to its residents, the Mayor of Murrieta has been working with the Riverside County First District Supervisor to recover approximately $240,000 in library mitigation funds. These funds were generated within the region of the Temecula Library, and, to date, have not been designated for use. In return for Murrieta's receipt of the library mitigation funds, the County of Riverside and City of Murdeta would waive all current and future claims against the existing library, its collection, and materials (see attached letter from Mayor Jack F. van Haaster, City of Murrieta). FISCAL IMPACT: In return for the City of Murdeta's receipt of the library mitigation funds, the City of Temecula would be entitled to the existing library, collection, materials, and all future additions to the library or its resources if and when the City of Temecula opts to withdraw from the Riverside County Library System. Attachment: Letter from Mayor, City of Murrieta 2 I P.EI2 CITY OF MURRIET 26442 Bcckman Court, MmTieta, CA 92562 Telephone: 909-698-1040 Fax: 909-698-4509 A Office of the Mayor August 18, 1998 Mayor Ron Roberts City of Temecula 43200 Business Park-D~ve Temecula, California 92590 Subject: Murrieta Library Mit'~gation.' ' Dear Mayor Roberts: Last month I met with Supervisor Buster to discuss resolution of Uurrieta's library mitigation credit as a r(~s~it of the establishment el: the City's library. The amounts in question are (1) an excess of $450,000 paid in direct mitigation fees by Murdeta residents; and (2) thousands of additional dollars contributed over the past sevea years for the facility's collection and materials. Supervisor Buster and his staff infon'ned me of a County library mitigation fund of approximately $240,000. The Supervisor stated that these funds were not designated to any particular purpose or entity. The County discussed the possibility of releasing these funds to Murrieta in lieu of all other claims to the County and the library by the City of Murrieta for its full library mitigation. When you and I discussed this matter recently, I explained that the County's proposal would most likely be agreeable to the City of Murrieta. The County has indicated that this resolution to Murrieta's library mitigation funds would be acceptable if the City of Temecula was in agreement. As such, if the City of Temecula were to agree to the release of the County's library mitigation funds to Murrieta, Murrieta would act on waiving all of its current and future claims against the existing library, its collection, and materials. This action would result in Temecula having full control of the existing library and collection when eventually dealing with the County to resolve its mitigation credits. Please call me as soon as you'and your City CounCil have had an opportunity to review and possibly act upon tllis matter. " City Council City Manager ITEM 22 DISCUSSION ITEM ONLY DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Gary Thornhill, Community Development Director'~;~ DATE: August 25, 1998 SUBJECT: Prepared by: RECOMMENDATION: Monthly Report Valerie Wimberly, Administrative Secr~.~ Receive and File Discussion: The following is a summary of the Community Development Department's Planning Division caseload and project activity for the month of July 1998: Caseload Activity: The Department received 37 applications for administrative cases and 9 applications for public hearing cases for the month of July. The following are the public hearing cases: Minor Conditional Use PM Development Plan -with CEQA Development Plan - subject to CEQA Tentative Plan with CEQA General Plan Amendment with Specific Plan Conditional Use Permit Change of Zone 1 2 2 1 1 1 1 Total 9 Attachments: List of Activities with Detail - page 3 Revenue Status Report - page 4 i~:'~vIONTI-]I,Y.P-~F~1998UUL Y, WPD 8/18/98 v~' 1 On~oin~ Projects: Regional Mall: Phase II grading has commenced. Building construction is expected to commence in early fall of 1998, with the opening scheduled for October 1999. Murclv Ranch Specific Plan: New owner has been conferring with staff, the school district and TCSD in preparation for plan submittal. Roripauc~h Ranch Specific Plan: The draft Specific Plan was submitted July 17, 1998. It is anticipated that the EIR will be submitted in the not too distant future. Southside Specific Plan: Staff and consultant are finalizing the draft Specific Plan. Massage Business Ordinance: This item will be scheduled for City Council meeting after staff receives City Attorney comments. Adult Business Ordinance: This item is scheduled for the August 25, 1998 City Council meeting. General Plan Circulation Element Update (and revision to citywide traffic study): The consultant has commenced work. The fifth Steedng Committee meeting will be held on September 14, 1998. The project is on schedule. Subdivision Ordinance: Staff is in the process of developing an appropriate subdivision ordinance for the City. The City currently uses Riverside County Ordinance No. 460 to regulate the subdivision of land. Redhawk/Vail Ranch Annexation Study: Staff is proceeding with the annexation of the Redhawk/Vail Ranch area. Staff submitted the application to LAFCO on August 8th. It is anticipated that the item will go before LAFCO in October 1998 and the election for rates and charges will be held in March 1999. Surface Minin.~ Ordinance: Staff is currently developing a Surface Mining Ordinance to ensure that sites are excavated in a safe and reasonable manner with progressive reclamation to a natural appearing or otherwise useable condition compatible with adjacent areas. I~:'~vfO~VTHLY.R.PT~ 1998UULY.WPD 8/I 8/05 vgw 2 ATTACHMENT NO. 1 LIST OF ACTIVITY BY CASE NUMBER R:~v~ONTt-K,Y.RPT~I998UULY.WPD 8/18/98 vgw ~ 0 0 o, O0 0 0 [.,.... 0 0 0 ATTACHMENT NO. 2 REVENUE STATUS REPORT R:~vlONTI-ILY.P.P'l'~1998UULY.V~PD 8/18/98vsw 4 REVPRIN2 08/18/98 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4135 4136 4139 4140 4170 4171 4190 4195 4200 4206 4369 4370 07:40:21 GENERAL FUND PLANNING DESCRIPTION AMENDED FINAL NAP APPEALS CERT. OF LAND DIV. COMPLIANCE EXTENSION OF TIME SINGLE FAMILY TRACTS MULTI-FAMILY TRACTS PARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE PARCEL MERGER (2-4 LOTS) REVERSION TO ACREAGE (5+LOTS) MINOR CONDITIONAL USE PERMIT SECOND UNIT PERMITS CHANGE OF ZONE CONDITIONAL USE PERMIT CONSISTENCY CHECKS GENERAL PLAN AMENDMENT PLOT PLAN PUBLIC USE PERMIT REVISED PERMIT SETBACK ADJUSTMENT SPECIFIC PLAN SUBSTANTIAL CONFORMANCE TEMORARY OUTDOOR EVENT TEMPORARY USE PERMIT VARIANCE ZONING INFORMATION LETTER CEQA (INITIAL STUDIES) CEQA ENVIROMENT IMPACT REPORT DEVELOPMENT AGREEMENT PARCEL MAP/WA]VER MERGER CONDO TRACT MAP REVERSION TO ACREAGE K-Pa~T STUDY FEES HOME OCCUPATIONS DEVLPNNT PLAN-ADMINISTRATIVE DIF REDUCTION APPLICATION IN HOUSE PLAN CHECKS ANNEXATION FEES LAND DIV UNIT MAP LANDSCAPE PLAN CHECK CITY OF TEMECULA REVENUE STATUS REPORT JULY 1998 ADJUSTED ESTIMATE .00 550.00 1,980.00 5,700.00 22,100.00 6,380.00 24,070.00 9,540.00 570.00 2,280.00 420.00 3,500.00 .00 3,460.00 43,180.00 12,840.OO 4,450.00 162,900.00 .00 .00 300.00 12,310.00 .00 .00 2,990.00 .00 .00 .00 .00 10,760.00 .00 .00 .00 .00 .00 3,520.00 5,850.00 .00 .00 .00 350.00 .00 JULY REVENUE .00 .00 200.00 .00 24,598.80 .00 625.00 690.00 .00 .00 .00 .00 .00 .00 4,309.00 .00 4,128.00 11,300.00 .00 .00 .00 .00 740.00 382.00 .00 .00 18.00 2,424.65 .00 .00 .00 .00 .00 .00 .00 .00 .00 ;6o 1,270.00 .00 187.00 4,925.00 1998-99 REVENUE PAGE 1 BALANCE % COL .00 .00 .00 550.00 0.0 200.00 1,780.00 10.1 .00 5,700.00 0.0 24,598.80 2,498.80- 111.3 .00 6,380.00 0.0 625.00 23,445.00 2.6 690.00 8,850.00 7.2 .00 570.00 0.0 .00 2,280.00 0.0 .00 420.00 0.0 .00 3,500.00 0.0 .00 .00 .00 3,460.00 0.0 4,309.00 38,871.00 10.0 .00 12,840.00 0.0 4,128.00 322.00 92.8 11,300.00 151,600.00 6.9 .00 .00 .00 .00 .00 300.00 0.0 .00 12,310.00 0.0 740.00 740.00- *** 382.00 382.00- *** .00 2,990.00 0.0 .00 .00 18.00 18.00- *** 2,424.65 2,424.65- *** .00 .00 .00 10,760.00 0.0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 3,520.00 0.0 .00 5,850.00 0.0 .00 .00 1,270.00 1,270.00- *** .00 .00 187.00 163.00 53.4 4,925.00 4,925.00- *** PLANNING 340,000.00 55,797.45 55,797.45 284,202.55 16.4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer August 25, 1998 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of July, 1998. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report July 1998 Submitted by: Joseph Kicak Prepared by: William Hughes Date: August 13, 1998 WORK UNDER CONSTRUCTION: 1. 1-15/Rancho California Road Interchange Modifications: The contractor is in the process of performing the following constructions items: Grading the new exit ramp/auxiliary lane, installing electrical conduits, constructing storm drain systems, placing concrete in the bottom portion of the new bridge section, and installing Gas and SCE conduits with the new bridge cells. Please note that traffic will be allowed through the work area during construction. Completion of the project, based on an accelerated schedule including time extensions for weather, is during the month of March 1999. 2. City Wide Intelligent Traffic Management System (ITMS): The coordination plan has been implemented on all major intersection within the City. Currently, the City is working with Caltrans to improve the signal timing on Winchester Road and on Rancho Califomia Road at 1-15 ramps. 3. Margarita Community Park Phase I: The project improvements include restrooms, parking areas, picnic areas, play equipment, tennis courts, a roller hockey rink, ballfields, lighting, picnic shelters, sidewalks, landscaping with open turf areas as well as widening Margarita Road adjacent to the park to its ultimate width. Installation of the concrete walkways, picnic areas, roller hockey rink and tennis court has been completed. The Margarita Road widening has also been completed. The ballfield lighting and backstops are presently being installed and the restroom is also under construction. The project is estimated to be completed in September 1998, followed by a 90-day landscape maintenance period. 4. Winchester Creek Park: The project consists of a 4.5 acre neighborhood park with various improvements including restrooms, basketball courts, volleyball courts, play equipment, polygon shelters with picnic tables, concrete walkways, and a parking lot. Installation of the restroom building, concrete flatwork, picnic shade structures, play structures and the irrigation system has been completed. On-site planting and off-site street widening work are presently under way. The project is estimated to be completed in September 1998, followed by a 90-day landscape maintenance period. 5. Traffic Signal at Pauba Road and Fire Station 84: This signal is in operation and the one year warranty will begin when the project has been accepted by the City Council. 6. Traffic Signal at Rancho California Road and Meadows Parkway: This signal is currently in operation and the one year warranty period will begin as soon as the signal is accepted by the City Council. 7. Traffic Signal at Pala Road and Rainbow Canyon Road: Installation of the traffic signal hardware has been completed and the signal is scheduled to energized on August 20, 9998. 8. Traffic Signal at Margarita Road and Santiago Road: The contractor is currently installing the underground conduits, wiring, and pole foundations. The anticipated completion date in November 1998. 9. Flashing Beacons at Various Locations: A pre-construction was held on July 16. The poles and equipment are on order. Once they arrive the contractor expects to complete the flashing beacons at 9 school site within a week. BID: 1. Temecula Duck Pond Park: The Temecula Duck Pond Park Project will include both park and off-site street improvements. Park improvements will include a gazebo/bandstand, picnic facilities, a restroom, walkways, a parking lot, security lighting, monumentation, landscaping and irrigation. The street improvements will consist of the widening of Ynez Road to full width between Rancho California Road and Tierra Vista Road and will include new sidewalks along with additional turn lanes, traffic signal modifications at Ynez Road and Rancho California Road, a new traffic signal at Ynez Road and Tierra Vista Road, and pavement restriping to improve traffic circulation. The project is presently out to bid with a bid opening date of August 27. Construction is anticipated to begin in October 1998 with an estimated completion date of March 1999. 2. Winchester Road Sidewalk: This project is currently out to bid and will open bids on September 3. This project consists of the installation of sidewalks on the west side of Winchester Road between Margarita Road and Winchester Creek Avenue. Construction is anticipated to begin in September 1998 with an estimated completion date of December 1998. 3. Margarita Road Storm Drain: This project was a part of the Overland Drive and Margarita Road Street Improvement Project. To expedite the project, City Council authorized the staff to proceed to bid the storm drain system which is in Margarita Road and to order the material (pipe). Staff has the material on order and this project is currently out to bid with a bid opening of August 20, 1998. Staff expects to recommend an award of a construction contract to City Council on August 25, 1998. This project consists of installing 2,000 lineal feet of storm drain in Margarita Road southerly of Winchester Road and discharging it into Long Canyon Creek northerly of future Overland Drive intersection with Margarita Road. Due to the location of the proposed storm drain in the paved section of Margarita Road, temporary pavement widening in Margarita Road will be required to minimize the disruption of traffic. This widened roadway will remain in place until the reconstruction and ultimate widening of Margarita Road occurs, later this year. Construction is anticipated to begin in late August 1998 with an estimated completion date of late October 1998. WORK IN DESIGN: 1. 1-15/Overland Drive Overcrossing Improvement: The roadway plans have been signed by Caltrans (District 8) and the structural plans have been signed by Caltrans-Division of Structures. SCE has provided the City with a relocation plan for the SCE overMad power lines. The SCE overhead power lines will be relocated concurrently with the construction of the improvements. The City is currently in the process of acquiring right of way, utility easements, and temporary consauction easements necessary for the project. Construction is anticipated to begin in December 1998 with an estimated completion date of January 2000. 2. FY96-97 Pavement Management System: The consultant submitted a plan check to the City on August 6. Staff expects to return the plan check within three weeks. This project will provide street rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road. This project will also include the installation of street lighting along the entire length of the project. Construction is anticipated to begin in November 1998 with an estimated completion date of February 1999. 3. Winchester Road & Ynez Road Street Widening: The consultant has returned the plan check comment back to Caltrans. The scope of work includes the street widening improvements on the south side of Winchester Road between Ynez Road and Margarita Road, and the improvements on the east side of Ynez Road between Winchester Road and Overland Drive. Construction is anticipated to begin in September 1998 with an estimated completion date of June 1999. 4. Overland Drive Street Improvements & Margarita Road Street Widening: The consultant has submitted the consauction plans of the proposed improvements on Overland Drive between Ynez Road and Margarita Road and Margarita Road from Overland Drive to Winchester Road for Riverside County Flood Control. The storm drain system in Margarita Road has been separated from the project and is currently out to bid. Construction is anticipated to begin in November with an estimated completion date of June 1999. 5. Margarita Road Sidewalk (Rancho Vista to Pauba): The preparation of improvement plans is complete. The improvements will include the installation of concrete curbs, gutter, and sidewalk along the west side of Margarita Road between Rancho Vista Road and Pauba Road. The sidewalk will improve access to the Rancho California Sports Park. Also, as part of the design, additive alternate improvements will include ADA ramp access from Margarita Road to the adjacent ballfidds along with an expanded parking area. The project is anticipated to bid in August. Construction is anticipated to begin in October 1998 with an estimated completion date of December 1998. 6. I-IS/Winchester Southbound Off-ramp Widening: The plans and specifications are complete and Calmns has issued a permit for the construction of this project. Staff anticipates to bid this project in late August, with a construction completion in January 1999. 7. Winchester Road Median Islands: The plans and specifications have been completed and submitted to Caltrans for approval. Since this project is partially funded by STP, Caltrans approval is required prior to advertising the project for bids. This project includes installation of median island with landscaping and imgafion along Winchester Road between Enterprise Circle West and Jefferson Avenue along with the installation of a traffic signal at Enterprise Circle West. Also, the existing median island at Jefferson Avenue will be modified to provide for a longer left turn pocket for east bound traffic. 8. Pala Road Bridge: A Consultant is in the process of preparing the preliminary documentation required by Caltrans to receive HBRR Funds as well as performing utility research and design surveys. This project will include the realignment of Pala Road from Highway 79 South to Rainbow Canyon Road, which will require that a new bridge be constructed, two new traffic signals to be installed, the removal of one traffic signal, the installation of sound walls, sidewalks, landscaping, irrigation, street lighting, bike lanes, signing, striping, channel improvements, and provisions for Wetland Mitigation. Construction is anticipated to begin in October 1998 with an estimated completing date of December 1999. 9. Traffic Signal at Rancho California Road and Via Los Colinas: The plans and specifications have been completed and submitted to Caltrans for approval. Since this project is partially fumed by $TP, Caltrans approval is required prior to advertising the project for bids. LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS JULY 1998 Submitted by: Joseph Kicak Prepared by: Ronald J. Parks Date: August 14, 1998 1. PW95-07 - Phase I Western Bypass Corridor: The Interstate 15/State Route 79 South (I-15/SR79S) interchange improvements including Front Street realignment and its intersection with Western Bypass Corridor are underway. 2. PW95-08 - First Street Extension: The construction phasing plans will be completed upon fmalizing the design criteria with Riverside County Flood Control and Water Conservation District. 3. PW95-26 - 6th Street Parking Project: Awaiting for the Contractor to submit the affidavit and maintenance bond in order to file the notice of completion. 4. PW96-05 - Project Study Report (PSR) And Project Report (PR) For Ultimate Interchange Improvements at Interstate 15/State Route 79 South (I-15/SR79S): The PSR analysis will resume once the update on the Circulation Element of the General Plan is finaled. 5. General Plan Circulation Element Update: The consultant has been selected. A committee comprised of Cities of Temecula and Murrieta representatives has been formed to provide direction for the update process. 6. The Regional Mall Project: The design of the perimeter infrastructure improvements are near completion. The utility undergrounding is scheduled to begin in August. The design of onsite grading is complete and a permit may be issued. 7. PW97-05 - The Old Town Streetscape Project: Construction is in progress and on schedule. \~TEMEC_FS201 \DATA~DEPT$'~/'~IOACTRJIT~iE'V'~g~/ULY.DOC Z o "' I ° ! Z LU [U UJ 0000 TO: FROM: DATE: MEMORANDUM Joseph Kicak, Director of Public Works/City Engineer ~Brad Buron, Maintenance Superintendent Augu~ 3,1998 SUBJECT: Monthly Ac'~vity Report - July, 1998 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of July, 1998: h SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired II. TREES A. 21 41 2 12 Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons 11,820 72 IV. CATCH BASINS A. Total catch basins cleaned 4 Vo RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 2,400 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. 601 VII. STENCILING A. 432 B. 19,625 New and repainted legends L.F. of new and repainted red curb and striping Also, City Maintenance staff responded to 61 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 26 service order requests for the month of June, 1998. The Maintenance Crew has also put in 126 events and response to street emergencies. hours of overtime which includes standby time, special Account No. 5402 $ 21,963.25 Account No. 5401 $ 2,595.00 Account No. 999-5402 $ -0- CC: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer- (CIPFTraffic) Jerry Alegria, Senior Engineer - (Land Development) Bill Hughes, Senior Engineer - (CIP) STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of July, 1998 DATE DESCRIPTION ACCOUNT STREET/CHANNEL/BRIDGE OF WORK Date: 07/15/98 Citywide R.O.W. Tree Trimming Class I TOTAL COST ~IZE Trimmed 527 R.O.W. Trees # 5402 CONTRACTOR: Date: 07/17/98 #5402 PESTMASTER $Ei~CES 'C' Street Lot & Santiago Slope TOTAL COST $ 16,988.25 Sprayed for Lots Weed Abatement Date: 07/15/98 Seven (7) Maintained City Earthen Channels # 5401 TOTAL COST $ Spray Channels for Weed Control 475.0O CONTRACTOR: BECKER ENGINEERING TOTAL COST $ 2,595.00 Date: 07/09/98 ~;il~oOUth of Yorba Avenue on E~v~ttRepair & Replace Portions of 36" # 5402 TOTAL COST TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #5401 $ 21,963.25 $ 2,595.00 $ 4,500.00 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSlON DATE RECEIVED 07/01/98 07/01/98 07/01/98 07/02/98 07/00/98 07/02/98 07/02/98 07/06/98 07/06/98 07/06/98 07/07/98 07/07/98 07/07/98 07/08/98 07/09/98 07/09/98 07109198 07109/98 07/09/98 07/09/98 07/09/98 07/10/98 07/13/98 07/13/98 SERVICE ORDER REQUEST LOG MONTH OF JULY, 1998 LOCATION 30463 DANUBE COURT 42189 AGENA STREET 43020 AO~IA STREET 29611 RAMSEY COURT 42430 COSMIC DRIV~ LA PRIMAVERA AT PAUBA 30209 SIERRA MADRE DRIVE RANCHO CALIFORNIA RD. O VINTAGE HILLS DR. 31041 NICHOLAS ROAD 42176 COSMIC DRIVE VIA NORT~ AT CALLE TORCIDA 29611 RAMSEY COURT 43511 CALLE NACIDO YNEZ AT PREECE 30680 SANTIAGO ROAD OLD TOWN 42180 AGENA 27538 ROSEBAY COURT 45990 CLUBHOUSE DRIVE 31293 DURNEY 30680 SANTIAGO 42130 AOENA 29962 SANTIAGO ROAD ENFIELD LANE AT ASHMILL REQUEST DATE WORK COMPLKTED ROOT PRUNE 07/01/98 TREE TRIMMING 07/01/98 TREE TRIM34INO 07101198 TREE TRIMMING 07/02/98 TREE TRIMMING 07/02/98 SINKHOLE 07/02/98 TREE TRIMMING & WEEDS 07/02/98 SINKHOLE 07/06/98 SHOULDER GRADING 07/06/98 TREE TR1MMING 07/06/98 TRIM SHURBS 07/07/98 TREE TRIMMING 07/07/98 REPAIR S.N.S. 07/07/98 GRAFFITI 07/08/98 GRADE ROAD 07/09/98 HANG BANNERS 07/09/98 POTHOLES 07/09/98 STUMP GRINDING 07/09/98 TREE TRIMMING 07/09/98 TREE REMOVAL 07/09/98 ROAD GRINDING 07/09/98 TREE TRIMMING 07/10/98 A.C. PATCHING 07/13/98 S.N.S. REPAIR 07/13/98 \\TEMEC_F~01 ~DATA'~DE~AIN~W'KCMPLTD~O~y REPORT.DOC D ' 07/13/998 07/13/998 07/14/98 07/14/98 07/15/98 07115198 07115/98 07115198 07/16/98 07/16/98 07/17198 07/17198 07/20/98 07121/98 07/21/98 07/21/98 07/21/98 07/22/98 07/22/98 07/23/98 07/23/98 07/23198 07/24/98 07/24/98 07/27/98 07/27/98 07/27/98 07/28/98 07/28/98 07/28/98 07/28/98 31661 CORTE ROSARIO 45566 MASTERS DRIVE 30101 Li~VANDE PLACE 31617 CORTE SALINAS KAHWEA SOUTH OF NORTHBOUND COURT NORTH OFaNERAL KEARNY AT SAOEA~VOOD 45620 HOPACTONG 31278 BOCAW CIRCLE SOLANA WAY EAST OF YNEZ 45620 HOPACTONG 30116 SANTA CECIR.IA 22132 RAVEN WAY 31199 KAHWF, A 28841 VALLFJO 29549 CARA WAY 45590 CLUBHOUSE 31159 CORTE ALHAMBRA 31712 CORTE ENCINAS TI~RRA ALTA WAY AT AVENIDA ALVARADO 30948 GREENSBORO DRIVE 39640 DIEGO DRIVE 42769 TERRA ROBLES 31284 KAHWEA ROAD 27538 ROSEBAY COURT 42933 CALA ROSSO 32068 CORTB ESCOBAR 30460 SUMMERSIDE 42952 VIA ALHAMBRA 38534 VIA AMARILLA MARGARITA SOUTH OF PAUBA MAROARrrA SOUTH OF PAUBA REQUEST STORM DRAIN CLOC~ED FENCE DOWN CHR.D AT PLAY SION POTHOLES TREE TRIMMING FENCE REPAIR BARRICADE PICK-UP DEBRIS CLEAN-UP TREE TRIMMING TREE TRIMMING TREE REMOVAL STREET FAILURE STREET FAILURE CURB GRINDING STORM DRAIN PLUGGED FENCE REPAIR STUMP REMOVAL DEBRIS REMOVAL CURB GRINDING CURB GRINDING STORM DRAIN PLUGGED DEBRIS PICK-UP GRAFFITI REMOVAL GRAFFITI REMOVAL DATE WORK · CObiPLETED 07/13/98 07/13/98 07/14/98 07/14/98 07/15/98 07/15/98 07/15/98 07/15/98 07/16/98 07/20/98 07/17/98 07/17/98 07/20/98 07121198 07/22/98 07/21/98 07/21/98 07/22/98 07/22/98 07/23/98 07/23/98 07/23/98 07/24/98 07/24/98 07/27/98 07/27/98 07/27/98 07/28/98 07/28/98 07/28/98 07/28/98 \\TEMEC_F~201 ~DATA~DE~AIN~WKCMPLTD~OR~9g~OLy REPORT.DOC 07/28/98 47549 ROSEBAY COURT STUMP GRINDING 07/28/98 07/29/98 42180 SWEETSHADE POTHOLED 07/29/98 07/29/98 3~D & MERCEDF~ STORM DRAIN REPAIR 07/29/98 07/29/98 31284 KAHWEA FENCE REPAIR 07/29/98 07/30/98 31956 CERCLE CHAMBERLIN CRACKED SIDEWALK 07/30/98 07/30/98 45932 PARSIPANNY COURT TREE TRIMMING 07/30/98 TOTAL SERVICE ORDER REQUESTS \\TEMEC_F820 I~DATA~D~AI~WKCMPLTDk~O~Y REIN3RT. DOC DATE 07/06/98 07/06/98 07/07/98 07/08/98 07/09/98 07/10/98 07/13/98 07/14/98 07/15/98 07/16/98 07/20/98 07/21/98 07/22/98 07/23/98 07/24/98 07/29/98 07/30/98 07/31/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF JULY, 1998 LOCATION 43125 CORTE ALMONTE 40585 LA COLINA PAUBA 750' WEST OF VIA RAMI RANCHO CALIFORNIA ROAD E/O MEADOW PARKWAY LOS RANCHITOS AREA SANTIAGO ROAD LOS RANCHITOS AREA LOS RANCHITOS AREA LOS RANCHITOS AREA LOS RANCH1TOS AREA LOS RANCHITOS AREA LOS RANCHITO$ AREA LOS RANCHrros AREA LOS RANCHITOS AREA LOS RANCHITOS AREA RANCHO CALIFORNIA ROAD AT MEADOWS PARKWAY PALA ROAD AT HURON RIO NEDO AT TIERRA ALTA WAY SCOPE OF WORK S.F. TOTAL TONS R & R A.C. 16 1 INSTALLED 10 L.F.A.C. gERM 1 OVERLAY A.C. 1,170 6 OVERLAY A.C. 216 3 OVERLAY A.C. 734 4 OVERLAY A.C. 561 3 OVERLAY A.C. 1,313 6.5 OVERLAY A.C. 1,040 6.0 OVERLAY A.C. 1,120 6 OVERLAY A.C. 1,048 6 OVERLAY A.C. 724 3.5 OVER.LAY A.C. 708 3.5 OVERLAY A.C. 1,032 3.0 OVERLAY A.C. 1,040 3.5 OVERLAY A.C. 439 2.5 R & R A.C. 315 3.5 R & R A.C. 245 6.5 R & R A.C. 89 3.5 TOTAL S.F. OF REPAIRS TOTAL TONS 11,810 R:~tAINTAINIWKCMPLTEhASPHALT. RPR'~'ULY REPORT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF JULY, 1998 DATE LOCATION WORK COMPLETED 07/13/98 AREA II REPAINTED 3,824 L.F. OF RED CURB 07/13/98 AREA H REPAINTED 9 LEGENDS 07/14/98 AREA H REPAINTED 20 LEGENDS 07/15/98 AREA H REPAINTED 31 LEGENDS 07/16/98 AREA//4 REPAINTED 30 LF.~ENDS 07/20/98 MA.IOR ARTERIALS "NIGHT WORK" REPAINTED 103 LEGENDS 07/21/98 MAJOR ARTERIALS "NIGHT WORK" REPAINTED 83 LEGENDS 07/22/98 MAJOR ARTERIALS 'NIGHT WORK" REPAINTED 60 LEGENDS 07/23/98 MA.IOR ARTERIALS "NIGHT WORK" REPAINTED 49 LEGENDS 07/24/98 MAJOR ARTERIALS "NIGHT WORK" REPAINTED 47 LEGENDS 07/27/98 AREA g2 REPAINTED 5,837 L.F. RED CURB 07/28/98 AREA g2 REPAINTED 4,770 L.F. RED CURB 07/29/98 AREA//2 REPAINTED 3,269 L.F. RED CURB 07/31/98 AREA g2 REPAINTED 8.59 L.F. RED CURB 07/31/98 AREA #3 REPAINTED 1,066 L.F. RED CURB TOTAL NEW & REPAINTED LEGENDS 492 NEW & REPAINTED RED CURB & STRIPING L.F. 19.625 R:~INTAINkWKCMPLTD~'rRIPIN~Y REPORT.DOC DATE 07/06/98 07/08/98 07/08/98 07/13/98 07/14/98 07/21/98 07/22/98 07/24/98 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JULY, 1998 LOCATION RAMSEY AT MARGARrrA VIA NORTE AT CALLE TORCIDA 29611 RAMSEY COURT 31293 DURNEY 30101 LEVANDE PLACE LA SERBNA AT NORTH GENERAL KEARNY ROAD VICCI AT CORTE CABRERA PAUBA AT ELINDA WOKK COMPLETED TRIMMED 1 R.O.W. TREES TRIMMED 4 R.O.W. TR~P-S TRIMMED I R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIMMED ! R.O.W. TREES TRIMMED 2 R.O.W. TREES TRIMMED 1 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 12 R:XMAINTAIN~WKCM PLTI~TREE fi'~'ULY REFORT.DOC CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JULY, 1998 DATE 07/01/98 07/01/98 07/06/98 07/06/98 07/06/98 07/08/98 07/09/98 07/09/98 07/13/98 07/13/98 07/13/98 07/13/98 07/14/98 07/14/98 07/14/98 07/15/98 07/16/98 07/16/98 0716/98 07/17/98 07/20/98 07/21/98 07/22/98 07/22/98 LOCATION CALLE CHAPOS AT WALCOTT 29140 RANCHO CALIFORNIA ROAD STONEWOOD AT MARGARITA PIG PICO AT MARGARITA NORTH GENERAL KEARNY AT MARGARITA YNEZ AT HORSE CROSSING YNEZ AT WINCHESTER NICOLAS ROAD SOUTH OF IOSEPH ROAD RANCHO VISTA AT MIRA LOMA DURNEY AT VINTAGE MEADOWS AT CAFERA CALLE NACIDO AT CORTE COPA MARGARITA AT STONEWOOD MARGARITA AT STONEWOOD RANCHO CALIFORNIA ROAD EAST OF MARGARITA RANCHO CALIFORNIA ROAD FAST OF MARGARITA RANCHO CALIFORNIA ROAD AT TOWN CENTER RANCHO CALIFORNIA ROAD EAST OF MARGARITA SANTIAGO AT FRONT RANCHO CALIFORNIA ROAD FAST OF MARGARITA VIA RAMI AT CORTE CABRERA CALLE PINA COLADA AT DEL REY VICCI AT CORTE CABRERA AMARITA AT VIA RICCI WORK COM PI,ETED INSTALLED R-2 "30" INSTALLED 2 HOUSING PROGRAM SIGNS REPAIRED R-1 INSTALLED R-l, TYPE N, TYPE K REPLACED R - 2' 45" "T. C." REPLACED 6 DELINEATORS "MISSING" REPLACED P~H;~K ~ Ril)E ``T. C." REPLACED CARSONITE "MISSING" REPLACED "K" MARKER "T.C." REPLACED R-1 FADED REPLACED R-1 FADED INSTALLED S.N.S. INSTALLED W-9 REPLACED W-75 "FADED" INSTALLED 7 R-26 INSTALLED $ R-26 INSTALLED R-1 INSTALLED 14 R-26 REPLACED R1-2 "T.C." INSTALLED 3 R-26 INSTAT-L-ElD 2 N.W.S. REPLACE CARSONITE INSTALLED N.W.S. / REPLACE R-1 REPLACED R-1 "FADED" \\TEMEC_Fg20 I~DATA~DE~AIN'~WKCMPLTD~IGN S~g~RJLY REPORT.doe DATE 07/22/98 07/23/98 07/23/98 LOCATION SOLANA AT MARGARITA RANCHO CALIFORNIA ROAD AT FRONT RANCHO CALIFORNIA ROAD AT LYNDIE LANE WORK COMPLETED REPLACED W-17 REPLACED R1-2 REPLACED R-2 GRAFFITI T.C. TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 21 \kTEMEC_FS20 I~)ATA~d3E~W'hMAINTAIN~WKCMPLTD~IGNI~g~IULY REPORT. do~ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF JULY, 1998 DATE 07/09/98 07/09/98 LOCATION JEFFERSON AT WINCHESTER V~A LOBO CHANNEL WORK COMPLETED ABATED 1,400 S.F.R.O.W. WEEDS ABATED 1,000 S.F.R.O.W. WEEDS TOTAL S.F. R-O-W WEEDS ABATED \\TEMEC-FS"20 ! ~DATA~DEPTS~J~tA-~AIN~WKCMPLTD\WEED~g~..Y REPORT.DOC 07/01/98 07/01/98 07/01/98 07/02/98 07/02/98 07/06/98 07/07/98 07/09/98 07/09/98 07/21/98 07/22/98 07/24/98 07/28/98 07/28/98 07/29198 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF JULY, 1998 LOCATION I STREET SANTIAGO AT "C" AVENIDA BARCA AT MARGARITA MUIRFIRIJ~ AT PALA ROAD YNEZ AT PREECE COUNTRY GLEN AT VIO RIO TEMECULA RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE HWY. 79S AT WABASH YNEZ AT PREECE MARGARITA AT PAUBA MARGARITA AT SOLANA SANTA GERTRUDIS CREEK AT NO. GENERAL KEARNY HWY. 79S AT COUNTRY GLEN RANCHO VISTA AT HIGH SCHOOL MARGARITA AT PAUBA NICHOLAS AT NORTH GENERAL KEARNY WORK COMPLETED REMOVED REMOVED REMOVED REMOVED REMOV-ED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED 35 S.F. OF GRAFFITI 20 S.F. OF GRAFFITI 65 S.F. OF GRAFFITI 20 S.F. OF GRAFFITI 200 $.F. OF GRAFFITI 80 S.F. OF GRAFFITI 5 S.F. OF GRAFFITI 4 S.F. OF GRAFFITI 1 S.F. OF GRAFFITI 50 S.F. OF GRAFFITI 45 S.F. OF GRAFFITI 10 S.F. OF GRAFFITI 25 S.F. OF GRAFFITI 1 S.F. OF GRAFFITI 40 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 601 TOTAL LOCATIONS 1~ R:'~'~AIN'~WKC M PLTD\GRA~FH I~'~0LY REPORT. DOC 0 0 0 0 0 0 0 0